Under Pennsylvania slip, trip and fall negligence law, the plaintiff, or the person bringing the action, must prove the following four elements:
1. a duty owed by the owner of the place where the accident occurred (store, mall, etc.),
2. some negligence by the owner (breach of the duty),
3. the negligence caused the injury, and
Most cases are fought over whether the owner’s negligence caused the injury.
Proving that a property owner’s negligence caused the injury requires evidence like records, witness statements, pictures, etc., to show that because the owner failed to take action in fixing a dangerous condition, the plaintiff suffered injury.
For example, let’s say that a store fails to provide proper lighting in a parking lot. A light bulb went out and despite complaints, the store owner does nothing to replace the bulb. A customer then trips over a large pothole next to his or her car and suffers serious injury. The customer calls 911 and the police officer notices the large pothole and dark conditions and mentions them in the police report.
In this scenario, the owner’s negligence as the sole cause of the injury can be proven through the police officer’s testimony, especially the reference in the police report to the pothole and dark conditions in the parking lot. This coupled with the customer’s testimony would probably be sufficient to prove that the owner’s negligence led to the accident.
Another issue which may come into play is a pre-existing injury. If the customer hurt his or her knee in this accident, but had a prior knee injury, the issue of causation can become tricky.
Each fall down accident case is unique. If you think you have a potential case, it is important to seek advice of a qualified slip and fall accident lawyer prior to making any decisions about your case.
- Tips on What to do After a Slip and Fall Accident
- Pennsylvania Slip and Fall Law – Liability of Stores & Businesses
Philadelphia Slip and Fall Lawyers
The Philadelphia slip and fall accident lawyers at Schwartz & Blackman accept 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
Call 215.925.4451 for your free consultation.
*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.