Premises Liability Lawyer in Pennsylvania: Understanding Slip and Fall Accidents

The medical bills and legal compensation associated with slip and fall accidents in the U.S. often top $70 billion annually. Avoidable accidents that cause physical injuries and property damage as the result of poorly maintained premises result in lost work, large medical bills, and even deaths.

A slip and fall claim in Pennsylvania and New Jersey is a colloquial name for a personal injury lawsuit aiming to hold a property or business owner responsible for failing to keep the premises safe for visitors. Not all slip and fall accidents, however, lead to premises liability and personal injury lawsuits. When they do, however, you are entitled to compensation.

At Pasquale E Bianculli Esquire PC, our premises liability and personal injury attorney in New Jersey will investigate your case and help you obtain full and fair compensation. Property owners have a duty to maintain their premises and keep them safe. When they fail to do so, we make sure they are held accountable. Contact us at 215-620-7828 to schedule a Free Consultation.

What Constitutes Slip and Fall Cases in Pennsylvania and New Jersey?

Slip and fall accidents can happen almost anywhere:

Stores
Restaurants
Theaters
Stadiums and Arenas
Parks and Playgrounds
Hospitals and Retirement Homes
Private Residences
Workplaces
Construction Sites
Parking Lots

COMMON CAUSES OF SLIP AND FALL ACCIDENTS

Spilled liquids or other foreign substances that weren't promptly cleaned up and marked with cautionary signs.
Extreme weather conditions (e.g., ice, rain, or hail) affecting areas that aren't properly remediated (such as with salt or sand) or cordoned off.
Tripping hazards caused by unsafe property conditions (e.g., damaged floors, stairs, and sidewalks, or inadequate lighting).

DETERMINING WHO IS AT FAULT

Liability for a slip and fall accident can be based on where the injury occurred, who controlled the premises, or both.

For example, a store that rents space in a building is responsible for taking reasonable precautions to prevent slips and falls in the areas they rent and have exclusive control of. But the owner of the building may have sole or shared responsibility for keeping the exterior portions, such as the sidewalks and parking lot, free from fall hazards.

Generally, the party controlling the property and/or the party that owns it will be found liable for a slip and fall accident if they do one or more of the following:

Cause the dangerous condition that results in a slip and fall.
Become aware of a dangerous condition and permit it to persist for an unreasonably long period of time.
Allow a dangerous condition to persist even if they didn't know of it — if a reasonable person would have noticed and corrected it.

SHARED FAULT RULE

Some states, including Pennsylvania, apply a shared fault rule, which reduces the amount an injured party can be compensated based on their actions in causing or not preventing the accident, such as:

Entering a part of the property where customers or visitors are not permitted or expected to be.
Directly causing the hazard, such as by spilling a liquid at the supermarket and then slipping on it before the store ever had a chance to clean it up.
Wearing inappropriate footwear for the circumstances, such as shoes with completely worn out soles or flip flops in a snowstorm.
Not paying attention, such as by looking down at a phone while walking somewhere.
Ignoring safety signs, cones, or ropes cordoning off a dangerous area.
Failing to notice a dangerous condition that would be considered obvious to someone using reasonable care and attentiveness while walking.
Running, jumping, or otherwise traversing the area in a manner that is inherently unsafe given the conditions of the location.

Pennsylvania uses a modified comparative negligence standard to determine how compensation should be adjusted based on the injured party's own actions. For example, if the court finds they were 20% responsible for the accident but awards them $50,000 for their injuries and property damage, that award will be reduced by 20% to $40,000.

If a Pennsylvania court finds that the injured party was more than 50% responsible for the accident, they will not be entitled to any compensation.

A slip and fall case is a lawsuit that stems from an incident where a visitor gets hurt due to a dangerous condition on the premises. While it often involves slipping and falling, it is by no means restricted to that narrow scenario. Examples of slip and fall cases include:

Tripping on a hidden obstacle
Sliding on an icy parking lot or sidewalk
Falling into a hidden sinkhole
Falling through a weak floor or step

To have a slip and fall case, you must be able to prove, at a minimum, that:

Duty of care. The property owner or manager owes a duty to inspect the premises and address any hazardous or dangerous conditions. This duty varies depending on the jurisdiction and whether it is a commercial property that allows invitees (e.g. shoppers) or a homeowner who invites licensees (e.g., friends and family) onto the property.
Hazardous condition. A hazard or an otherwise dangerous condition existed on the property.
Knowledge. The property owner or manager had previous knowledge or notice of the hazardous condition.
Damages. The victim was allowed on the property (even though the condition existed) and suffered an injury. Damages include economic damages (e.g., wage losses and medical bills) and non-economic (pain and suffering). In some jurisdictions, depending on the facts and circumstances, punitive damages may be sought to punish the wrongdoer and to prevent similar behavior in the future.

These elements of a slip and fall case may seem straightforward, but they can become complex. The standard of proof is a preponderance of the evidence, meaning you must show that more likely than not, the property or business owner was responsible and, thus, is financially liable.

Common Causes of Slip and Fall Accidents in Pennsylvania

To have a slip and fall case where you can obtain compensation for your injuries, an unsafe or hazardous situation must have existed. Common situations include but are not limited to:

Wet floors or bad flooring
Poorly lit areas or unmarked step-offs
Poorly maintained sidewalks
Unsafe stairs, broken or missing handrails
Poorly operating escalators or poorly maintained elevators
Boxes or other items poorly placed or left in the path of foot traffic
Mishandled or mislabeled liquids, food, or chemicals (can cause burns)
No warning or hazard signs

These situations are merely examples. Conditions creating a slip and fall accident can materialize in many different ways.

Common Slip and Fall Injuries in New Jersey

Slip and fall-related injuries vary greatly. The type and extent of the injury depends on the accident itself as well as the location, the environment, what the victim was doing, the victim's age, the victim's overall health or pre-existing conditions, and more. As such, injuries range from bruises to death.

Many of the following types of injuries result from slip and fall accidents:

Broken bones or multiple fractures
Bruises, sprains, strains, or soft tissue damage
Bone or joint dislocation
Ruptured or herniated disks
Cuts, lacerations
Neck and back injuries
Head injuries

As mentioned, an injured person's existing health condition can impact the severity of the injury. Elderly and frail victims of slips and falls can suffer hip injuries that, statistically, lead to premature death. Younger victims also suffer when the injury creates significant setbacks and impairs their ability to work in their chosen profession or prevents participation in activities they enjoy for sport or recreation.

As you can see, slip and fall accidents can lead to serious bodily, emotional, mental, social, and financial consequences for the victim.

Liability and Pennsylvania Slip and Fall Accidents

Parties legally responsible for the damages caused to a person due to a slip and fall accident are liable for those damages. Anyone can potentially be responsible, but when it is a slip and fall accident, the usual culprits are:

The business owner
The manager of the business
The property owner
A company that has been hired to maintain the premises

Proving which one (or more) of these parties was responsible for keeping the property safe can be a central feature in a premises liability case.

Three Reasons to Hire a Slip and Fall Lawyer in Pennsylvania

Slip and fall accidents may seem straightforward on the surface, but they can actually be quite complex. There are a number of factors that can contribute to a slip and fall accident, and determining liability can be challenging.

One of the primary reasons why slip and fall accidents are complex is because they often involve multiple parties. For example, if you slip and fall in a grocery store, there may be multiple parties involved, including the store owner, the store employees, and potentially even the manufacturer of the product that caused the slip.

In addition, there are often multiple factors that contribute to a slip and fall accident. These can include things like uneven flooring, wet or slippery surfaces, inadequate lighting, and other hazards. Determining which factors were present in the accident and which parties were responsible can be difficult.

Another challenge with slip and fall accidents is that injuries may not be immediately apparent. It's possible to suffer injuries such as broken bones, sprains, and even head injuries without realizing it at first. This can make it difficult to determine the extent of damages and the appropriate compensation to seek.

Finally, slip and fall cases can be complex because they often require expert testimony. For example, an engineer or architect may need to be consulted to determine whether a building's design or construction contributed to the accident. Medical experts may also need to be consulted to determine the extent of injuries and the appropriate medical treatment.

Slip and fall cases are difficult cases because fault is not always clear. So, when you accuse someone else––whether that's a property owner, homeowner, or business owner––for failing to maintain safe premises, they and their insurance companies are not likely to sit by and let the accusation go without fighting it. With that said, here are three reasons why you need a personal injury lawyer to represent you in a slip and fall accident.

A personal injury lawyer will investigate the slip and fall accident to establish fault. Finding and proving fault is critical in any slip and fall case. Investigating the accident will involve an assessment of the accident location, reviewing any video, speaking to eye witnesses, retaining the services of experts, among other things.
A personal injury lawyer will prove damages caused by the slip and fall accident. After a thorough investigation, your lawyer will put the pieces of the puzzle together to prove all the damages you seek. They will do this by painstakingly linking the cause of the accident to your injury and then provide supporting documentation linking the injury to all your losses. The damages you seek will be depending in part on the nature and extent of your injuries caused by the slip and fall accident.
A personal injury lawyer will represent you fully and throughout the course of your case until a settlement is reached or trial has concluded and a verdict awarded. You will not have to deal with the other parties, with the claim, with deadlines, with figuring out the actual value of your case, among other things. Your lawyer will do all of that for you. Mostly, what you will have to do is worry about your own physical, emotional, and mental recovery.

Protect Your Rights

Why it's important to retain a Personal Injury Lawyer immediately after your accident!

HERE ARE THE REASONS WHY!

ACCIDENT SCENE INVESTIGATION. It is critical for your case to conduct a thorough investigation of an accident scene promptly before the scene changes. The preparation and proving of your personal injury lawsuit begins immediately after the accident injury which is why the firm's Accident Injury Response System “AIRS” is rapidly implemented.

“The One Call To Do it All!” is about convenience. When injured on a construction on other accident injury site, immediately notify your immediate supervisor and then make The One Call To Do It All by contacting Pasquale E Bianculli at 215-356-8033 to launch AIRS. This is critical as the gathering of evidence for a potential lawsuit requires rapid response and the comprehensive and exhaustive investigation system that “AIRS” provides. My law firm and “AIRS” will handle every aspect of your injury claim. We will investigate your accident to gather evidence and identify responsible parties. We will track your damages and calculate the value of your claim. Most importantly, we will offer you compassionate legal advice at every stage of your claim.

To adequately meet the needs of our personal injury clients, a comprehensive system “AIRS” was established to provide support throughout the entire legal process. This can be accomplished through multiple steps, including:

1. Initial consultation: The client should be provided with a comprehensive consultation with an experienced personal injury attorney. This initial consultation can provide the client with an overview of the legal process, information on available options, and the potential outcomes of the case.

2. Personalized representation: It is crucial that the attorney provides personalized representation for the client. This involves conducting thorough client interviews, gathering all of the necessary facts and supporting documentation related to the case, and presenting a customized strategy for handling the negotiations, communication with insurance providers, and litigation if necessary.

3. Case management: Managing a personal injury case involves bringing in a team of trained professionals to handle and evaluate all of the details involved in the legal process. This entails obtaining all of the medical records and accident reports, filing necessary paperwork to establish a claim and manage billing, and conducting any essential investigations.

4. Ethical representation: Choosing ethical representation is vital to your client's case's success. Honesty, trust, and good communication with your client are the cornerstone of any reputable law firm.

5. Communication and updates: Keeping the client informed about the progress of the case is essential to ensuring that they feel supported during what can be a complex and challenging time. Once engaged, provide them with regular updates to make sure they feel in control and informed about the progress of the case.

6. Final resolution: Providing support throughout the entire process, including final resolution, includes ensuring that the client has received the maximum amount of compensation available, and all possible medical treatments have been covered. When a settlement is reached, ensure the final agreement anticipates future related conditions and provide a safety net for your client as they move through their recovery.

Having such a comprehensive system in place like the Accident Injury Response System “AIRS” ensures that the needs and rights of the client are at the core of every decision and action taken throughout the legal process. By communicating regularly, providing personalized legal representation, managing the case and filing all the necessary paperwork, and providing emotional support, a competent personal injury law office can provide the professional assistance and guidance needed for a successful outcome.

WE'LL WORK TIRELESSLY TO GET FAIR COMPENSATION FOR YOUR INJURIES

“The One Call To Do It All” is about results. My professional accident investigators will gather vital information to determine cause and to identify liable parties. The sooner case preparation can begin, the more opportunity I will have to effectively litigate or negotiate a settlement on your behalf.

Trust An Experienced, Full-Service Law Firm To Handle Your Personal Injury Claim From Start To Finish. After an injury, a client should not feel abandoned and be left in the dark. They want to know that the matter is progressing in the direction of their desired outcome. Furthermore issues regarding medical treatment, insurance and other matters related to the case must be addressed by counsel. When clients do not receive updates from their attorneys, they begin calling the office and leaving messages that often go without response. This lack of communication is one of the leading complaints received by attorneys from new clients from previous firms. While it maybe just another case to a larger well known firm, to me and my firm it is the most important issue in my client's life. This is one reason I developed “AIRS”, an efficient system for responding to clients and maximizing results. The Accident Injury Response System “AIRS” provides immediate response once the firm or me personally receives “The One Call To Do It All.” In developing the Accident Injury Response System “AIRS” I provided for the injured client a system which would provide a team of professionals each equipped with their own skills set, from the immediate intake meeting and acquisition of representation agreement and authorization documents with me whether at their home, hospital 24/7 or by Zoom call and emailed appropriately. The documents are provided in the Contact secured section of the website which you can print out and complete. ( Retainer Agreement, Medical Authorization Forms, Client Accident Injury Intake Form.) Upon acquisition of these documents and any other relevant forms and documents to the accident AIRS would be fully implemented by having our team of medical personnel see that the client(s) are receiving the required medical treatment. Depending on the type of accident injury whether a construction versus a motor vehicle the Accident Injury Response System AIRS will promptly be implemented when we receive The One Call To Do It All. We will conduct a thorough and comprehensive investigation accompanied by a subsequent analysis of all cumulative information and evidence utilizing general System protocols, procedures by our knowledgeable and experienced network of professionals. In addition there will be specific detailed accident injury methods of investigation employed through AIRS to ensure an exhaustive investigative process and analysis to support our client third party liability claims for a maximum settlement recovery. If an accident injury presents a workers compensation and third party liability lawsuits, we will maintain consistent and informative communication with client(s) on all third party claim issues as well as with client(s) and with a workers compensation attorney if one is involved to ensure the workers compensation positively impacts on the third party claims we are representing on your behalf. Our personal accident injury attorneys, safety trained personnel, photographers, witness interviewers, accident reconstruction experts, and medical professionals will rapidly visit the accident site to initiate the System process to protect your rights and maximize your settlement compensation recovery.

PRESERVE EVIDENCE. IT IS CRITICAL TO PROTECT YOUR RIGHTS!

An important part of personal injury representation is to promptly secure evidence before such evidence is destroyed. In many cases, it is in the best interest of defendants and their insurance companies to see that vital evidence is destroyed so that such evidence cannot be used against them. It is our role to take prompt and necessary action to ensure that all critical evidence are secured and maintained in a controlled environment to preserve the evidence. Evidence can dissipate over time and the scene of an accident may change. This is the reason that our ‘AIRS” personal injury attorneys, OSHA trained safety experts, and knowledgeable and experienced staff immediately visit the accident site to preserve the evidence in order to prepare and prove your case by taking photographs, interviewing witnesses and taking statements. This may also include police reports, medical records, hospital records, video surveillance as the investigation continues over time.

Upon receiving the call I will immediately respond by either visiting the client at home or hospital to generate an agreement of representation so that the system can be launched into action for the client. If a client cannot see me an agreement can be emailed so there is no lapse of rapid response. Upon receipt of representation agreement, a team of professionals, each equipped with their own unique area of expertise are assigned to gather intake information, visit accident site with photographers and interview personnel. The System will coordinate the collection of evidence that supports the elements of your lawsuit including but not limited to medical records, have experienced attorneys in plaintiff and defense insurance law negotiate with insurance carriers and their counsel. From the initial The One Call To Do it ALL to meeting with accident injury victim at the hospital or home will commence the AIRS. Myself and other OSHA trained attorneys, and intake personnel, investigators, photographers, interviewers, medical, OSHA safety staff and legal representation in personal injury law will respond immediately. The focus was to satisfy every aspect of the legal process, that the client need only have to make The ONE CALL To Do IT ALL. And it is this call that the system will do the rest by having someone always there to answer any and all your questions, and satisfy and resolve your concerns. You will never feel ignored or disregarded as I will not only serve as legal counsel but also be your advocate in making sure the system meets all your needs and at the end arrives at a successful resolution. My background in the construction industry has given me the tools to be a thoroughly effective attorney, and the impressions left on me from this time allowed me to always see and treat the client, first and foremost, as a person who has been traumatized and is now in need. Accompanied with the successful legal advocacy of my firm and Fritz and Bianculli LLC in being client focused and results driven we are The One Call To Do It All. There is no FEE UNTIL WE WIN!!! CALL!!! More details found on #PEBAIRS or #TheOneCallTODoItAll.

WITNESS INTERVIEW. For most people, memories fade as time passes. As your legal counsel, I will want to interview witnesses as soon as possible following an accident so that an accurate account of the accident can be obtained.

STATEMENTS AGAINST INTEREST. Immediately following an accident, insurance company representatives and others acting on behalf of those who may be liable for causing the accident will usually try to contact the injured party or their loved one. If they call you, the purpose of their call is not to convey their apologies, admit liability, or to tell you how they are going to fully compensate you for your injuries, but to trick you into making statements against your interest that they will use at a later date. Most injury victims dread dealing with the insurance companies. Rightly so. Insurance companies won't make your life easier during this difficult time. They'll look for ways to deny and devalue your claim, including blaming you for the accident and accusing you of failing to mitigate damages.We'll protect you from the insurance company's unfair tactics. We will handle all communications and negotiations with the insurer. We will help you hold them responsible for all your damages and ensure you get fair compensation after your injury

Contact a Slip and Fall Personal Injury Lawyer in New Jersey Today

If you or a loved one has sustained injuries from a slip and fall accident in New Jersey or Pennsylvania, you should contact an experienced personal injury lawyer for a consultation at the very least. A slip and fall accident attorney's resources, knowledge and expertise can help you to determine whether the property owner's negligence led to your accident and the resulting injuries. When you hire a premises liability attorney, your likelihood of receiving slip and fall accident compensation increases.

As you begin the process of finding a slip and fall injury attorney to work with, you should ask each potential partner some key questions.

NEGLIGENT PROPERTY MAINTENANCE | INADEQUATE LIGHTING OR SECURITY | POORLY DESIGNED OR MANAGED FACILITIES

Slips and falls, as well as injuries caused b

inadequate lighting or security

In Pennsylvania and New Jersey, as in other states, when you are legally visiting a residential or commercial property, you have a right to expect that the owner has taken reasonable precautions to either warn you of any potential dangers or to fix them. If you have been hurt on someone else's property or in a building or structure on someone else's land, you may have the right to seek a recovery for your losses. You want a lawyer who not only knows how to get full and fair compensation for your injuries but also understands the personal and human effect of a personal injury.

At Fritz & Bianculli, we have successfully represented slip and fall victims for more than 75 years collectively. We take a different approach, though—we understand that a personal injury about more than dollars—it's about the human impact as well. We will take the time to get to know you and to learn how your injury has changed your life. We've built our successful practice by focusing on long-term relationships. We hope that, even after we've resolved your slip and fall case, you will feel comfortable bringing other legal challenges or questions to us.

At our firm, we evaluate every case with the same level of effort and dedication. If you have been rejected by another law firm, contact us for an initial consultation. Some of our largest verdicts and settlements have been for clients whose cases were initially turned down by other lawyers.Our Slip And Fall Accident Practice

We aggressively represent people who have been injured on the residential or commercial property, handling claims involving:

Wet or slippery surfaces, including floors, sidewalks, driveways, parking lots, steps, stairs, ramps and other thoroughfares
Broken, poorly maintained or poorly designed stairs, stairways, steps, ramps, decks or similar structures, including steps that are not the correct size
Negligent or inadequate lighting, causing you to slip, trip or fall
Negligent or inadequate security, leading to a mugging or physical attack

We review all accidents involving serious injuries, including wrongful death. We will carefully gather, assess and preserve all evidence to support your claim, and will prepare and file any pleadings or other documents required by the court. Our attorneys will also be your voice in all hearings or proceedings.

GET THE LEGAL GUIDANCE YOU NEED TO FULLY RECOVER FROM A SLIP AND FALL

Only an experienced premises liability and personal injury attorney can help you determine if you have a case. The attorneys of Pond Lehocky Giordano are skilled at investigating slip and fall accidents, gathering evidence to prove the injury and/or property damage that occurred was avoidable, and determining who should be held responsible.

Overall, slip and fall accidents can be complex and require a skilled attorney to navigate. If you have been injured in a slip and fall accident, it's important to seek legal representation from an experienced attorney who can help you understand your rights and pursue the compensation you deserve. It is The Accident Injury Response System - “AIRS” of Pasquale E Bianculli Esquire PC who upon receiving The One Call To Do It All which will address the aforementioned issues to maximize your settlement compensation recovery.

If you have been injured on someone else's property due to an owner's carelessness, the slip and fall lawyers at Pasquale E Bianculli Esquire PC and Fritz and Bianculli LLC

At Pasquale E Bianculli Esquire PC, our slip and fall accident attorney in Pennsylvania has the resources and skill to competently represent you. Upholding your rights and obtaining fair and full compensation is what we do. To find out if you have a viable slip and fall injury case or to simply learn more about your legal options, contact us at 215-620-7828, or fill out an online form to schedule a Free Consultation.