Mattise & Kelly P.C

Although they may seem to be one of the more common and simpler personal injury situations, slip, trip and fall cases are often very complicated and difficult liability claims to pursue.

In Pennsylvania, the fact that you fell and were injured on someone else’s property does not automatically make them responsible for your injuries. You must show that your injuries were caused by a dangerous condition of or on the property and that the person or business in possession and control of the property either caused the dangerous condition or had notice of the dangerous condition for a sufficient amount of time to have corrected the condition. The notice of the danger can be actual awareness or constructive notice based on the length of time the dangerous condition existed.

Generally, its difficult to show the possessor of the property caused the dangerous condition and most cases hinge on how long the danger existed.

How long is long enough? That depends on a number of factors, including what the dangerous condition was, where it was, whether the possessor of the property was an individual or business, and whether the injured person was a trespasser, licensee or invitee.

How do you prove that the danger was there long enough? Unless you have witnesses who saw the dangerous condition before the injury, proof often is inferential. Was the object or liquid dirty? Did it show signs of people walking on or through it before the injury?

If you are injured as a result of a slip and fall accident it is important to take notice of conditions surrounding your fall as soon as possible after it occurs and to obtain the names of any witnesses who saw you fall and. This is not always easy, as the slip and fall often results in embarrassment and injury and your first thought may be to leave as soon as possible for home or to seek medical care. It is also important to report your injury to the possessor of the premises as soon as possible after your fall and to take photographs of the area where you fell, in order to preserve important evidence which will often disappear in a very short time.

Although they can be difficult cases, slip, trip and fall cases can result in significant settlements or verdicts. because of the serious injuries often suffered by those involved in this type of case.

If you have any questions concerning slip and fall accidents, contact us.