Jul 152013
 

In order to succeed in a slip, trip and fall case in Pennsylvania, the injured person must prove the following four elements:

1. a duty owed by the store to the injured person,
2. breach of that duty (negligence),
3. the breach is the legal cause of the injury, and
4. damages.

Proving liability, or element 2, is often the toughest part of a fall down accident case. The main reason is that fall down accidents are often isolated and unwitnessed events. This means that proving liability will require evidence that the store/management should have known about the defect or dangerous condition.

For instance, let’s say a store customer slips and falls on water, which accumulated on the floor due to water coming from a nearby produce case. No one witnessed the accident. Mats were usually on the floor, but that week, the store manager was out sick and so no one else put the mats down. During that week, prior to the accident, no one else slipped due to the water and no one reported any problems about leaking water to store employees. Does the injured customer have a valid slip and fall accident case?

In this scenario, there is no evidence of actual notice (i.e., that the store actually knew that the water was accumulating on the floor). Instead, the argument would be that the store should have known about the water on the floor. Whether there is a valid case depends on the store’s policies and procedures with respect to placing mats down near the produce cases. Other factors which would affect the strength of the case against the store include:

  • what day/time the accident occurred,
  • how busy the store was during the week the manager was on vacation,
  • how much water had accumulated, and
  • store maintenance (cleanup) procedures.

If you have a question about a slip and fall accident case, please feel free to contact one of our fall accident lawyers. They offer free consultations to all accident and injury victims.

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Philadelphia, Pennsylvania Slip & Fall Accident Lawyers

Schwartz & Blackman has been representing the injured and their families for over thirty years in slip and fall accident cases. Our firm offers a free consultation for all Pennsylvania and New Jersey injury and accident victims. Call now and ask for your free consultation. 215.925.4451

Schwartz & Blackman handles fall down accident cases in the Pennsylvania and New Jersey area:

  • PA: Berks County, Bucks County, Chester County, Delaware County, Montgomery County, Philadelphia County, Allentown, Lehigh Valley, Norristown, Philadelphia
  • NJ: Atlantic County, Burlington County, Camden County, Gloucester County, Mercer County, Middlesex County, Monmouth County, Camden, Cherry Hill, New Jersey shore cities

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