- March 19, 2020
- Posted by: Robert Katz
- Category: Fall and Slip
Involvement in a slip and fall accident often happens abruptly, takes place in an environment in which the victim least expected it and might accumulate serious injuries. Civil law suggests for those who say such incidents were the result of another party’s negligence or malfeasance to initiate a civil action against said party.
If you reside in the Upper Darby, Pennsylvania or the surrounding regions, were hurt in such an event and are experiencing any degree of financial difficulties as a result, Katz Injury Law might be able to help you.
The Duty Of Care
In accordance with Pennsylvania civil law, any homeowner, building owner or business proprietor bears the responsibility of ensuring that those who frequent said locations do so in a safe and secure environment. In legal terms, said duty is known as premises liability.
Types Of Slip And Fall Incidents
Unfortunately, slip and fall events can occur anywhere at anytime. Some of the more common types of incidents include wet floors, uneven surfaces like carpets, icy or snowy sidewalks or walkways or entranceways, poorly lit parking lots, broken or dangerous stairwells and cluttered walkways.
The Status Of The Injured Party
Before any slip and fall civil action can truly proceed, the injured party’s status must be established. This bit of information will likely be a significant determining factor in how successful the plaintiff’s suit will be. Status is differentiated into three categories: invitee, licensee and trespasser.
An invitee is an individual the premises owner or manager invites into the home or business as a friend or customer. Plaintiffs holding this status stand the best chance of successful civil suit outcomes.
Licensees are individuals asked onto the property in question to perform a specific task. For example, a licensee could be a team of construction contractors hired to fix broken material or make needed upgrades.
A trespasser is someone who was neither invited onto the premises nor has any intended purpose in said location. Typically, individuals holding this status are the least likely to win in slip and fall case.
Civil Action Principles
Even if the plaintiff holds a favorable status, they and their lawyer are still required to demonstrate several principles germane to all civil suit proceedings. First, said parties must demonstrate the defendant demonstrated some form of negligence or malfeasance. Next, it must be shown that this malevolent action precipitated the incident in question. Then, the plaintiff must prove that their injuries were related to the accident and no other physical or medical issue. Finally, the plaintiff must illustrate that the compensation they seek is directly correlated to the injuries sustained in the accident.
If you were injured in a slip and fall event, please contact us. Our team of experienced legal professionals can review your case and can help you get you the compensation you deserve.