Scranton and Stroudsburg, Pennsylvania Slip and Fall Accident Lawyer
A slip and fall accident, especially one that occurs on a hard surface such as a tile floor or concrete sidewalk, can result in severe injury. A hard impact can cause brain injury or spinal cord injuries – some so severe that they result in life-long disability. However, a slip and fall injury does not automatically mean that legal action is possible. Bringing a slip and fall case to court depends on a variety of factors, all of which must be examined to determine liability in the slip and fall accident. If you believe that you have suffered a slip and fall injury as the result of another party’s negligence, or as the result of a dangerous premises, you may have a claim. Before you file a personal injury or premises liability claim, it is important to have your case reviewed by an experienced staff of trial lawyers. If you believe that you have a legitimate slip and fall case, contact a personal injury attorney at our office today. A Scranton, Pennsylvania-area slip and fall accident lawyer from the Foley Law Firm can review your case and determine whether liability exists. If we feel you have a case, we will aggressively represent you to help you attain the compensation to which you are legally entitled.
Conditions for Slip and Fall Claims
In slip and fall cases, liability is determined by examining a number of factors relating to the actions of both the plaintiff and the defendant. Many times however, the court will first decide if the property owner can be clearly shown as acting in a negligent manner. To determine if the property owner or operator is liable for creating a dangerous environment or allowing one to exist, the court typically looks at three major factors. For the premises to be considered liable, one of the following must exist:
- The property owner or operator must have caused the spill, worn, or torn spot, or other slippery or dangerous surface in question to exist.
- The property owner or operator must have known of the dangerous surface, but did nothing to rectify the problem.
- The property owner or operator should have known of the dangerous surface because it existed for a significant period of time — thus the owner/operator had sufficient time to discover the problem and fix it.
In situations where the property owner or operator may be considered liable, the court usually determines if he or she acted in a reasonable manner, or acted negligently. If the court feels that the property owner acted reasonably, and you acted recklessly and without due caution, you may not be eligible for compensation relating to your injuries despite the existence of a hazardous condition on the property. Just as the court looks at various factors in determining liability, also take note of different factors to determine if the defendant acted in a reasonable manner.
- If you tripped over a torn, broken, or bulging area of ground, or slipped on a wet or loose surface, had the dangerous spot existed for a long enough period of time so that the owner should have known about it and fixed it?
- Does the property owner have proof indicating a regular process of examining, cleaning, and repairing the premises?
- If you tripped over or slipped on an object, was there a valid reason for the object to be there?
- If there was a good reason for the object to be where it was, but that reason was no longer applicable, could the object have been removed?
- Was there a safer place or safer manner, such as a barrier, in which the object could have been located, without much hassle or expense to the property owner or operator?
- Did overall premises conditions, such as poor lighting or uneven surfaces, contribute to the accident?
An experienced Scranton, Pennsylvania-area slip and fall accident lawyer at our firm can review your case, and determine the best way to proceed. If we feel you’re eligible for compensation relating your slip and fall accident, we will aggressively litigate on your behalf. Contact our office today to schedule a free consultation.
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Do I Have a Case?
One of the most important issues in determining if you have a case is whether or not you acted in a reasonable and expected manner. Our lawyers have the experience and knowledge necessary to provide you sound legal counsel on the circumstances of your accident. If the court decides that you acted in a reasonable manner, the liability falls onto the premises owner or operator. A Scranton, Pennsylvania-area slip and fall accident lawyer from the Foley Law Firm can review your case and determine if you acted in a reasonable manner. If so, you may be eligible for significant compensation. To determine your contribution to the accident, our lawyers will examine some of the following:
- Did you have a valid reason, and one the owner should have anticipated, for being on the premises or at the trouble spot?
- Could a reasonable person, exercising an ordinary amount of caution, have noticed the dangerous spot and avoided it? Could a reasonable person have walked carefully enough not to slip or fall?
- Were there any signs or indications that the trouble spot might be potentially dangerous?
- Were you doing anything that could have distracted you from paying proper attention to where you were going, such as running, jumping, or showing a general disregard for safety?
- Did you notice the potential risk of the trouble spot, and fail to bring it to the attention of the premises owner or operator?
The answers to these queries can help our experienced trial lawyers determine liability in the case. If you have suffered a serious injury as the result of a slip and fall accident, it is imperative to contact a lawyer who has extensive experience and knowledge in litigating slip and fall cases. If you are eligible for monetary damages, a slip and fall accident lawyer from the Foley Law Firm can help you receive the maximum compensation to which you are entitled.
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Contact the Foley Law Firm to Learn More
To determine if your slip and fall accident meets the requirements for an actionable case, contact the Foley Law Firm today. A Stroudsburg or Scranton, Pennsylvania-area slip and fall accident lawyer can help you. Our trial attorneys have successfully obtained substantial cash awards both in and out of court for slip and fall accident victims; we can help you, too. Schedule your complimentary case evaluation today.
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