Slip and Fall Lawyer Pennsylvania

A slip and fall accident can lead to serious injuries, costly medical expenses, and a long road to recovery. If you were hurt on someone else’s property due to hazardous conditions, Kingbird Legal is ready to fight for your rights. Our skilled slip and fall lawyer understands Pennsylvania’s premises liability laws and will work to hold negligent property owners accountable. You shouldn’t have to bear the financial burden of an injury that wasn’t your fault. Call Kingbird Legal at 484-289-4880 today for a free consultation, and let us help you pursue the compensation you deserve.

Who Is Responsible for Your Slip and Fall Injury in Pennsylvania?

Slip and fall accidents are one of the most common types of personal injury cases. In Pennsylvania, as in many other states, these accidents can happen anywhere—from a grocery store aisle to a friend’s home. When a slip and fall occurs, one of the first questions that come to mind is: who is responsible for the injury?

In Pennsylvania, liability in slip and fall cases is determined by a few key factors. While property owners or occupiers are often held accountable for the condition of their premises, proving negligence and responsibility can be more complex than it seems. Understanding how liability works in these types of cases is essential if you’ve been injured in a slip and fall accident.

The Legal Basis for Liability in Pennsylvania

Under Pennsylvania law, property owners or those in control of a property have a legal obligation to maintain the premises in a safe condition for visitors. This duty varies depending on the type of visitor and the circumstances of the slip and fall accident.

In general, Pennsylvania follows a “premises liability” rule, which means that property owners can be held liable for accidents that occur due to hazardous conditions on their property. However, simply being injured on someone else’s property isn’t enough to establish liability. You need to prove that the property owner was negligent and failed to maintain a safe environment.

Types of Visitors and Their Rights

Not all visitors to a property have the same rights when it comes to slip and fall accidents. Pennsylvania law differentiates between different types of visitors, which can affect the outcome of a case.

Invitees

An invitee is someone who enters the property with the property owner’s permission for a commercial purpose. For example, a customer at a store or a guest at a restaurant would be considered an invitee. Property owners owe the highest duty of care to invitees. They must not only ensure that the property is free of hazards but also regularly inspect it for potential dangers. If a slip and fall accident occurs due to a known hazard that was not addressed or adequately warned about, the property owner may be held liable.

Licensees

A licensee is someone who enters the property for their own purposes, with the property owner’s permission. This could include social guests or people visiting a friend’s home. Property owners owe a lower duty of care to licensees compared to invitees. While the property owner must not intentionally harm a licensee or create unsafe conditions, they are not obligated to inspect the property for hidden dangers. However, if the property owner is aware of a hazard and does not warn the licensee, they may still be held responsible.

Trespassers

A trespasser is someone who enters the property without the property owner’s permission. Property owners owe the least duty of care to trespassers. They are not required to make the property safe for trespassers but cannot intentionally harm them. However, if a property owner creates an extremely hazardous condition that could pose a risk to anyone, they may be held liable if they fail to take reasonable precautions.

Proving Negligence 

To prove liability in a slip and fall accident, it’s essential to establish that the property owner was negligent. This involves demonstrating that the owner’s actions or inaction directly caused the accident. The key to proving negligence in a slip and fall case is showing that the property owner failed to take reasonable steps to prevent an unsafe condition or address an existing hazard.

Knowledge of the Hazard

The property owner must have known about the dangerous condition or should have reasonably known about it. In some cases, it may be possible to prove that the property owner was aware of the hazard through testimony or evidence such as previous complaints or maintenance records. Alternatively, if the hazard existed for a long period and the owner should have noticed it, this can also establish negligence.

Failure to Address the Hazard

Once a hazard is identified, the property owner has a responsibility to either fix it or provide adequate warnings to visitors. For example, if a store owner is aware of a wet floor in an aisle but doesn’t clean it up or place a warning sign, this may constitute negligence. If the hazard remains unaddressed and someone slips and falls, the property owner can be held liable for the injury.

Causation

In addition to proving that the property owner was aware of the hazard and failed to act, you must also establish that the hazard directly caused the injury. This means showing that the dangerous condition was a significant factor in the accident. For instance, if the slip was caused by a wet floor, you would need to demonstrate that the wet floor was the primary reason for the fall.

Damages

Even if negligence is established, you must also show that you suffered damages due to the accident. These damages could include medical expenses, lost wages, pain and suffering, or any other losses that resulted from the slip and fall injury.

Defenses to Liability in Slip and Fall Cases

While property owners can be held liable for slip and fall accidents, they may present several defenses to challenge your claim. Understanding these defenses can help you and your lawyer prepare a stronger case.

Comparative Negligence

Pennsylvania follows a “comparative negligence” rule, which means that if you are partially responsible for the accident, your compensation may be reduced in proportion to your percentage of fault. For example, if you were texting on your phone when you slipped, and the property owner can argue that your distraction contributed to the fall, your damages might be reduced. However, if you are found to be 51% or more at fault, you may not be eligible for compensation.

Open and Obvious Danger

If the dangerous condition was “open and obvious”—meaning that a reasonable person could easily see it—the property owner may argue that you should have noticed the hazard and taken precautions. For example, if there is a large puddle of water in the middle of the floor that is visible to everyone, the property owner may argue that the condition was obvious and you should have avoided it.

Lack of Knowledge of the Hazard

The property owner may argue that they were unaware of the hazardous condition or that it was created suddenly and unexpectedly. If they can provide evidence that the hazard appeared immediately before the accident, it may be more difficult to prove negligence.

Consult a Skilled Slip and Fall Attorney Today

A slip and fall accident can leave you with painful injuries and unexpected financial burdens, but you don’t have to navigate the legal process alone. Kingbird Legal is committed to helping victims across Pennsylvania pursue the compensation they deserve. If a negligent property owner caused your injuries, we are ready to fight for you. Call Kingbird Legal at 484-289-4880 today for a free consultation, and let us help you take the next step toward justice and recovery.