Exton Slip and Fall Lawyer

Slip and fall accidents can lead to painful injuries and expensive medical bills. If hazardous conditions on someone else’s property caused your fall, Kingbird Legal is here to fight for you. Our Exton slip and fall lawyer will work to secure the compensation you deserve. Call 484-289-4880 for a free consultation today.

Can You Pursue a Claim for Injuries from a Slip and Fall on Private Property in Pennsylvania?

If you’ve been injured in a slip and fall accident on someone’s private property in Pennsylvania, you may wonder if you can pursue a personal injury claim. Slip and fall accidents can happen anywhere, but when they occur on private property, the process of pursuing compensation can be a bit more complicated. There are several factors at play, including the circumstances surrounding the accident, the property owner’s responsibility, and Pennsylvania’s specific laws.

What Constitutes a Slip and Fall Accident?

A slip and fall accident occurs when a person slips, trips, or falls due to hazardous conditions on someone else’s property. The most common causes of slip and fall accidents include:

Wet or slippery floors
Icy sidewalks or driveways
Uneven pavement or flooring
Cluttered walkways or obstacles
Poor lighting
Broken or faulty stairs

When an individual is injured due to one of these conditions, the property owner may be liable if they were negligent in maintaining a safe environment.

Property Owner Responsibility in Pennsylvania

In Pennsylvania, as in most states, property owners have a legal duty to maintain their property in a reasonably safe condition, especially when it comes to areas that are open to the public or where guests are invited. However, the extent of their responsibility can vary depending on the type of visitor.

Pennsylvania recognizes three types of property visitors: invitees, licensees, and trespassers. The level of care the property owner must exercise toward each type of visitor differs. Here’s a breakdown of each:

Invitees: These are people who are invited onto the property for business purposes, such as customers in a store. Property owners owe invitees the highest duty of care. They must ensure that the property is free of hazards and fix any dangerous conditions they know about or should have known about.
Licensees: These are individuals who are on the property for social reasons, such as friends or family members. Property owners still have a duty to warn licensees of any known hazards, but they are not required to inspect the property for dangers as they are for invitees.
Trespassers: People who enter the property without permission are considered trespassers. Property owners are not required to make the property safe for trespassers, but they cannot intentionally cause harm or set traps.

Can You File a Claim for Injuries on Private Property?

Yes, you can potentially file a claim if you’ve been injured on someone’s private property in Pennsylvania, but there are specific conditions that must be met. Your ability to pursue a claim will depend on several factors:

The Property Owner’s Negligence: In order to win a slip and fall claim, you must demonstrate that the property owner was negligent in some way. This means showing that the owner knew or should have known about the dangerous condition that caused your accident and failed to address it. For example, if the property owner knew about a broken step or wet floor and did not take action to repair it, they may be liable for your injuries.
Your Status on the Property: As mentioned, Pennsylvania law distinguishes between invitees, licensees, and trespassers. If you were an invitee, the property owner owes you a higher duty of care. However, if you were a licensee or a trespasser, proving negligence on the part of the property owner may be more difficult.
Contributory Negligence: Pennsylvania follows a modified comparative negligence rule. This means that if you are partially at fault for the accident, your compensation may be reduced in proportion to your degree of fault. For instance, if you were texting while walking and did not notice a dangerous condition that caused your fall, the property owner’s liability might be reduced if they can prove that your own actions contributed to the accident.
Time Limits for Filing a Claim: Pennsylvania has a statute of limitations for personal injury claims, including slip and fall accidents. Generally, you must file a lawsuit within two years of the date of the accident. If you wait too long, you could lose your right to seek compensation. It’s important to contact a personal injury attorney as soon as possible after your accident to ensure that your claim is filed on time.

Common Defenses to Slip and Fall Claims

While you may have a strong case, it’s also important to understand the common defenses that property owners may use to avoid liability for a slip and fall accident. Some of these include:

The condition was open and obvious: If the property owner can prove that the dangerous condition was easily noticeable, they may argue that you should have seen and avoided it.
You were not injured: The property owner may argue that the injury wasn’t as severe as claimed, or that it didn’t result from the fall.
You were at fault: If the property owner believes that your own actions caused the accident, such as walking too quickly or not paying attention, they may argue that you were partly responsible.
The property owner did not have notice of the hazard: The owner may argue that they were unaware of the dangerous condition and had no reasonable way of knowing about it.

How to Strengthen Your Claim

If you’ve been injured in a slip and fall accident, here are some steps you can take to improve your chances of a successful claim:

Document the Scene: Take photos of the area where the accident occurred, focusing on any hazardous conditions like wet floors, broken steps, or poor lighting. If there are witnesses, get their contact information.
Seek Medical Attention: Even if your injuries seem minor, it’s important to get checked by a doctor. Some injuries may not show immediate symptoms, and a medical report will be crucial for your claim.
Report the Incident: Notify the property owner or manager about the accident and make a record of the conversation. This helps establish that the owner was aware of the incident.
Consult with a Personal Injury Attorney: A skilled personal injury attorney can guide you through the process of filing a claim, gather the necessary evidence, and ensure your rights are protected.

Get Back on Your Feet – Speak to an Exton Slip and Fall Attorney

If you’ve suffered injuries in a slip and fall on private property in Pennsylvania, you may be entitled to compensation. To pursue a successful claim, you’ll need to prove that the property owner was negligent and that this negligence directly caused your injuries. It’s important to consult with an experienced personal injury lawyer to evaluate your case and determine your next steps. Kingbird Legal is here to fight for your rights. Contact our Exton legal team at 484-289-4880 for a free consultation.