Can I sue a restaurant for a slip and fall accident in PA?
Brandon J. Broderick, Personal Injury Attorney at Law
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:
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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:
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
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