What Defines A Slip & Fall Accident?
- When an individual is injured while on another person’s property, whether private, commercial, or a government property, and the property owner may have played a role in causing the incident.
- A Slip & fall accident occurs when the traction between an individual’s shoe and the floor is weak or nonexistent, often times due to wet or slippery floors.
- There are 3 other types of fall down accidents that have the potential to lead to a personal injury lawsuit.
- Trip & fall accidents are caused by foreign objects interfering with an individual’s movement, Stump & Fall incidents occur when a person is impeded by a hazard on the walking surface, and Step-and-Fall cases happen when an individual steps into an unexpected hole or gap in the walking surface.
When To Write Accident Reports, & What Information To Include:
- In the event of a fall in a store, in a parking lot, or other public areas, it can be expected for businesses to prepare an accident report at the time of the incident.
- If the business or place of the accident does not generate a report, individuals should make note of their own experience for their own benefit.
- Victims should keep their statements concise, and specific. Key Information To Include:
- The circumstances leading to the accident, such as hazards, debris, the condition of the floor, etc.
- Who witnessed the fall
- What the victim felt/saw/heard at the time of the fall
- Include pictures if possible, and comments from witnesses
What Are Insurance Adjusters Looking To Determine?
- If your injuries could have been pre-existing
- What action were you engaged in directly before the accident
- The nature and severity of your injuries
- If any warnings were disregarded that could have prevented the accident
- If the victim had a valid reason for being in the setting where the fall took place
In order to maximize potential financial compensation for damages, we recommend that victims do not speak with the property owner’s insurer directly, and allow their counsel/attorney to speak on their behalf. The property owner’s insurer is likely trying to find flaws in your claim, with the goal of minimizing potential financial compensation.
Can An Employee Sue Their Employer For A Workplace Fall?
- Typically the answer is no, however, employees are able to receive compensation in other ways.
- For example, in most workplace injuries cases, a victim’s injuries are covered by the individual’s state workers’ compensation laws, which takes the place of potential personal injury lawsuit claims.
How Much Compensation Does Each Victim Deserve?
The amount of compensation for each slip, trip, and fall victim will vary significantly based on a variety of factors. These factors include:
- Current & Future Medical Bills
- Wage Loss & Or Loss Of Earning Capacity
- Level Of Emotional Trauma From Accident- Fear, Anxiety, Sleeplessness.
- Level Of Physical Trauma Due To Incident- Pain, Suffering, Disabilities.
How Does Comparative Negligence Affect A PA Slip & Fall Case?
Comparative Negligence is a legal concept that is considered by courts following a slip, trip and fall claim, that specifies that no one party is completely at fault for a given accident. In most states, including Pennsylvania, the injured person’s damages are reduced by a percentage equivalent to their share of liability. In the event that an injured person’s damages exceed their share of the fault, they will be paid the remaining compensation that is left over after accounting for their percentage of damages.