Need Legal Help? Call 215.925.4451

Pennsylvania Fall Accident Law – Viability of a Stairway Fall Accident Case

Phil Blackman-Pennsylvania New Jersey Personal Injury LawyerPublished on behalf of Philip Blackman, an experienced personal injury lawyer who has devoted his entire career to helping individuals and families who have been injured due to medical malpractice, car accidents, fall accidents and more. FREE Consultations: 215.925.4451

Stairway fall accidents are particularly dangerous. Someone who falls down an entire flight of marble stairs may suffer catastrophic injury. Fractured bones, spinal injuries and head trauma are very common in stairway accidents.

Those who are injured in stairway accidents in Pennsylvania often want to know if they have a viable lawsuit and whether they will be successful in their case.

Is Your Pennsylvania Stairway Fall Accident Case Viable?

Initially, determining whether to proceed with an accident and injury lawsuit depends on two issues, 1. whether there is sufficient evidence of negligence and 2. whether the damages warrant proceeding with the case.

Sufficient Evidence of Negligence/Liability in a Stairway Fall Accident Case

Under Pennsylvania fall accident law, a property owner is required to act reasonably with respect to defective conditions on the property. In addition, commercial entities such as stores, malls, restaurants, etc., owe a higher duty to customers or people invited to the business for the benefit of the property owner. Under PA law, businesses must rectify or warn of dangerous conditions. In addition, businesses must perform reasonable inspections of the property to discover dangerous conditions.

In a stairway fall accident case, a department store or shopping mall may be liable where there is evidence that the stairway was in a state of disrepair. Common dangers which result in stairway accidents include:

  • chipped concrete or marble,
  • worn or missing slip resistant materials,
  • holes/tears in stair coverings such as carpet, and
  • riser/tread depth inconsistencies.

The key is proving that the condition existed at the time of the fall and that it caused the accident. Therefore, to the extent possible, getting pictures of the defect or dangerous condition within a reasonable time after the fall will be important.

After it is established that a particular defect existed, the next step is proving that the owner knew about the defect, created the defect or otherwise should have known about it. These issues will become important during litigation and discovery.

Related Article: Pennsylvania Stairway Fall Accidents – What You Need to Know if You Fell Down Stairs

Do the Damages Warrant Proceeding with a Fall Accident Case?

In some cases, an individual who trips and falls will not suffer major injuries. A simple strained ankle or minor back pain may not necessitate any real medical treatment. In such cases, it is probably unwise to proceed with a lawsuit. While of course, there is a real injury, the costs associated with bringing a lawsuit would probably outweigh the benefit of proceeding with the case.

However, it is important to note that injuries which seem insignificant at first may turn out to be quite serious.

If you’ve been injured in a fall accident, like a stairway fall accident, in the Pennsylvania area, please feel free to contact our Philadelphia fall accident lawyers for a free initial consultation. 215.925.4451

Suggested content:

Pennsylvania & New Jersey Stairway Fall Accident Lawyers

Schwartz & Blackman has been representing the injured and their families for over thirty years in 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

*This website does not provide legal advice. Every case is unique and it is important to get a qualified, expert legal opinion prior to making any decisions about your case. See the full disclaimer at the bottom of this page.

Fall Accident Law Library

Landlord Liability for Fall Accidents in Pennsylvania, Part Two

Landlords in Pennsylvania may be held liable for falls and other types of incidents which occur in and around the rented premises. Pennsylvania law certainly recognizes landlord liability; however liability varies, depending on the type of landlord. PA law recognizes...

Landlord Liability for Fall Accidents in Pennsylvania, Part One

Tenants and their guests who are injured in fall accidents often ask whether the landlord is liable for the accident. The answer depends on the circumstances of the case and more importantly, the type of landlord. In fall down accident cases, Pennsylvania courts...

Who can be held liable for a stairway fall accident in Pennsylvania?

There are many potential defendants in a stairway fall accident lawsuit in Pennsylvania. While the facts of each case vary, there are for the most part, two common defendants in a stairway fall accident case: 1. Building Owner Under Pennsylvania fall accident law, a...

I was making a delivery and tripped on the property where I was making a delivery. Do I have a claim against the homeowner?

Homeowner liability cases involving a delivery person or utility worker are actually very common. Even though the individual was on the job at the time of the accident, they may be able to make a negligence claim against the homeowner. Such a claim would be...

Pennsylvania Fall Down Accident Law – Property Owners’ Duties

One of the many questions individuals who are injured in fall down accidents such as slip and fall or trip and fall accidents have is whether they have a valid legal claim against the property owner. The answer, of course, depends on the facts and circumstances of...

FREE CONSULTATIONS

    Spam:  

    *No attorney-client relationship is created by use of this email form. Do not email confidential or time-sensitive information. Call the firm for immediate assistance.

    OUR OFFICES

    Pennsylvania Office
    The Pavilion
    261 Old York Rd., Suite 504
    Jenkintown, PA 19046
    Tel: (215) 925-4451
    Fax: (215) 574-1200

    New Jersey Office
    1415 Route 70 East
    Cherry Hill, NJ 08034
    Tel: (856) 427-0614
    Fax: (856) 424-3690