When you take a slip and fall injury claim to court, it can be a battle. The winner of this battle will be the side that knows the law better and can cite case examples that validate your side’s position. There are certain factors one must prove in their slip and fall case. The following are factors that can prove significant when determining the outcome.
Comparative Negligence
To begin, you must be able to show that the accident was not your fault, or at least not completely your fault. A common defense is to place all blame on the injured party. Sometimes the truth lies in between the two parties. Both Pennsylvania and New Jersey are modified comparative negligence states. This means the party you are suing can have the damages reduced, provided they show that you contributed to your injury. If your fault in the injury exceeds 50 percent, you will be barred from receiving any damages.
Injuries Must Be Real
Second, you must be able to prove that you were injured. You must also prove that negligence on behalf of the property owner caused your injury. This means that the party you are suing had to know there was a problem that caused the injury, but did nothing to remedy or prevent it.
For example, the owner of the property must have seen that the light in the parking lot was burned out, causing your injury due to inadequate lighting. To be liable, the owner must have failed to deal with the dangerous condition in a reasonable manner. The burned-out light bulb, if the danger it posed was significant, cannot remain in place.
A Warning to Property Owners
Premises liability lawsuits serve an important purpose besides righting the wrong done to you. They serve as a warning to all property owners that they have a duty of care to see to it that visitors on their properties are safe. Our society succeeds in part because there is a price to be paid for not caring about the safety of others. Our society fails when injuries occur and the injured have no recourse to justice.
Philadelphia Slip and Fall Lawyers at Geoffrey B. Gompers & Associates Advocate for Those Injured on Another’s Property
If you or someone you know has been involved in a slip and fall accident, you need the services of the experienced Philadelphia slip and fall lawyers at Geoffrey B. Gompers & Associates. We will hold the negligent party accountable for your injuries. Call us today at 215-567-6600 or contact us online to schedule a free consultation. With locations in Pennsylvania and New Jersey, we serve clients throughout the region.