Serious injuries can result from slip and fall accidents, and the nationwide impact is substantial. In fact, the Centers for Disease Control and Prevention of the United States reported that 11.5 million annual emergency room visits have been due to falls. Many of these have likely happened in restaurants.

A slip-and-fall accident occurs instantly, but the effects of a severe injury may persist for months or even years. Frequently, victims must contend with hefty medical bills, lost wages, intense physical pain, and even long-term health issues. If you have been injured as a result of a slip and fall in a restaurant in Pennsylvania, you may be wondering if you are eligible for fair compensation, especially if your injuries have resulted in expensive medical bills and lost wages.

Most slip-and-fall injuries have been caused by factors other than simply bad luck. Under Pennsylvania's slip-and-fall laws, property owners can be held liable for the hazardous conditions that contribute to these accidents, such as uneven or slick floors, broken handrails, or ice-covered walkways.

The victim may be entitled to compensation if a property owner's negligence contributed to his or her slip-and-fall injuries. Nevertheless, by their very nature, slip and fall accidents are unexpected. To meet the threshold for liability, victims must demonstrate specific elements, such as that the property owner could have prevented the accident.

An experienced PA slip-and-fall attorney can assess your claim, determine its viability, and assist you in exploring your options for recovering a fair settlement.

What Constitutes Negligence Under Pennsylvania's Slip-and-Fall Laws?

Property owners in Pennsylvania must keep their indoor and outdoor spaces reasonably safe for their employees, customers, guests, and other authorized visitors. This principle, known as premises liability, is the foundation of the state's slip-and-fall laws.

This type of claim requires evidence that the property owner failed to take the precautionary measures that a reasonably responsible party would have taken, and that this failure directly caused the victim's fall. For instance, property owners may be held liable if they fail to promptly repair a potential slip-and-fall hazard or provide a warning that could have prevented the injuries.

Slip-and-fall laws in Pennsylvania protect property owners from liability for accidents caused by snow and ice. In accordance with the Hills and Ridges Doctrine, property owners are not liable for slip-and-fall accidents that occur during or immediately after a snowstorm.

The state enacted this rule because Pennsylvania's severe winters make it impossible to keep all pedestrian-hazardous surfaces completely safe.

In these situations, liability for a slip-and-fall accident will depend on proving that the property's walking surfaces were not cleared for an extended period of time, allowing snow and ice to form ridges. Although this doctrine makes it more difficult to win a claim for a slip-and-fall accident caused by winter conditions, property owners are still liable if they fail to make a reasonable cleanup effort.

To win a slip-and-fall claim, regardless of the circumstances, the victim must demonstrate the following legal elements:

The Property Owner Owed a Duty of Care to the Victim

Under Pennsylvania's slip and fall laws, property owners must protect pedestrians and authorized visitors from harm. This duty of care entails mitigating the dangers posed by a potential falling hazard, either by repairing the problem or by providing a sufficient warning. The duty does not apply to anyone who trespassed on the property or acted recklessly in causing their injuries.

The Owner of the Property Violated This "Duty of Care."

By failing to maintain their property to reasonable standards, the negligent property owner created the conditions for a hazardous slip-and-fall accident. You can hold property owners liable for the following:

• Tripping hazards: include exposed electrical cords, torn or raised carpeting, uneven flooring, and other unexpected obstacles, all of which can cause a serious fall injury.
  
  
• Slipping hazards: Freshly waxed floors, grease spots, liquid spills that are not cleaned up, and accumulated snow or ice on walkways are all potential causes of slip and fall accidents.
  
  
• Inadequate lighting: on walkways such as parking lots and stairwells causes poor visibility, which is a major hazard for slip-and-fall accidents, particularly if there are uneven surfaces such as raised cracks and uneven surfaces.
  
  
• Inadequate safety measures: Open maintenance holes, broken stair rails, and unprotected construction sites are all potential causes of slip-and-fall accidents.
  
  

The victim was injured due to the property owner's negligence

A successful slip-and-fall claim must prove that, by failing to exercise reasonable care, the at-fault property owner exposed the victim to an unnecessary danger that directly resulted in the victim's serious injuries.

The actions of the property owner led to specific damages

An experienced slip-and-fall attorney will use evidence to prove the financial and non-financial costs associated with your injuries. These damages may consist of medical expenses, lost wages, and intangibles such as pain and suffering.

An experienced Pennsylvania slip-and-fall lawyer can evaluate your claim, determine its viability, and help you explore your options for obtaining a fair settlement.

Essential Elements of Receiving Compensation After a Slip-and-Fall Accident

Slip-and-fall laws in Pennsylvania allow victims to seek compensation from a negligent property owner, but the process can be intimidating. In addition to recovering from their injuries, victims must navigate the complex legal issues associated with this type of claim.

Here are some essential aspects of the claim process:

It is Possible to Hold Victims Partially Responsible for Their Injuries

When pursuing compensation for a slip and fall accident, be prepared for the property owner's legal team to argue that you bear some responsibility for causing your injuries. This strategy is extremely common because the at-fault party can decrease their liability by pinning part of the blame on the victim.

Under Pennsylvania’s “modified comparative negligence” laws, the compensation a victim can recover from a personal injury claim decreases by the victim’s percentage of fault. For example, if the victim files for $40,000 worth of damages and is found 20 percent at fault, the victim would only receive $32,000. A plaintiff who gets assigned more than 50 percent of the blame is not eligible to recover any compensation.

Some of the arguments used against a slip and fall accident victim include:

• The plaintiff went where visitors are not permitted
  
  
• The danger should have been reasonably obvious
  
  
• The plaintiff was not wearing appropriate footwear for the situation
  
  
• The plaintiff was distracted by their cell phone or otherwise inattentive to their surroundings

Slip-and-Fall Claims Have a Statute of Limitations for Filing

The statute of limitations for seeking compensation for a slip-and-fall injury in Pennsylvania is only two years from the date of the accident. This time limit means that victims may lose their right to compensation if they fail to initiate legal proceedings by the specified date. Two years may seem like a lengthy period of time, but preparing a compelling case requires significant time and resources. If you have suffered a serious slip-and-fall injury due to a negligent property owner, you should contact an PA slip-and-fall accident attorney immediately to begin the legal process.

A Pennsylvania Slip and Fall Attorney at Brandon J. Broderick Can Help You Today

Serious injuries sustained in a slip-and-fall accident are incredibly traumatic and have far-reaching consequences for victims and their families. You may be facing significant financial losses due to medical debt and lost wages, and your life may have been turned upside down by physical pain and stress.

Although Pennsylvania property owners are legally required to keep their premises reasonably safe from slip-and-fall hazards, the victim bears the burden of proof. This type of claim requires solid evidence and the proper legal strategy to be successful. A knowledgeable slip-and-fall attorney at Brandon J. Broderick can assist you in protecting your legal rights and holding negligent property owners accountable.

When you hire a personal injury attorney from Brandon J. Broderick, you can count on a dedicated team that prioritizes your needs and fights for your best interests. We only collect payment for our services if we win your case. If we lose, you do not pay. Contact us today for a free consultation. We look forward to helping you.