Slip, trip and fall accidents are some of the toughest types of personal injury cases due to issue of liability. In most cases, there is no smoking gun – evidence that someone fell in exactly the same way and due to the same defect prior to the accident at issue. Rather, most cases are fought over whether there is sufficient evidence of liability.
In any slip and fall situation, there are three critical questions to proving liability.
Who is the party responsible?
Whether it is a restaurant, bar, shopping mall, etc. determining the correct party which was responsible or otherwise had control of the area where the fall occurred can be complex. In a given slip, trip and fall accident case, multiple parties may be liable, including:
- property owners,
- property management companies,
- maintenance companies, and
Did an employee/management have prior knowledge of the problem?
There are two ways to succeed in proving liability of the defendant (property owner, management company, etc.) – actual notice and constructive notice. Actual notice exists when there is evidence that an employee of the defendant knew about the problem at some point in time before the current accident occurred. For example, this type of notice exists in a situation where a broken step/stair caused problems for other customers prior to the accident at issue and an employee or manager knew about those problems in the weeks prior to the accident at issue.
Should an employee/management have known about the problem?
The second type of notice, constructive notice, is not proven with direct evidence, but with circumstantial evidence. Constructive notice is more an argument that under the circumstances, the defendant should have known about the problem. Factors important in proving constructive notice include:
- the type of business,
- day/time of the fall,
- location of the fall,
- maintenance procedure and protocol,
- number of employees, and
- training procedures of employees.
No two fall down accident scenarios are the same. Therefore, it is important to speak to a slip and fall accident lawyer early on in order to protect your legal rights. If you’ve been injured in a slip and fall accident and would like to speak to one of our lawyers, please call 215.925.4451 for a FREE, no hassle consultation.
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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
*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.