If you were injured in a slip and fall accident in Philadelphia, our attorneys at Anapol Weiss may be able to help. Each slip and fall case is unique, so in order to better understand your case, we would need to know the specifics. Call a Philadelphia slip and fall attorney at Anapol Weiss today to get a free, no-obligation consultation.
When you hear “slip and fall,” you may not immediately think of a serious injury. However, slip & fall accidents are extremely common and are responsible for the most missed days of work and worker’s compensation claims. Additionally, slip and falls are the top occupational injury for workers over 55 years old and present heightened risks to elderly individuals. One in three elderly individuals over the age of 65 falls every year, and half of those will fall several times. Once your doctor provides you with a medical report detailing the extent of your injuries and treatment plan, you should speak with a Philadelphia slip and fall attorney about securing compensation for your damages.
Compensation for a Slip & Fall Lawsuit
If your slip and fall accident leads to a lawsuit, it will more than likely fall under the purview of premises liability law. In either case, you will need to establish that the defending property owner or other defendant was negligent in some way. This means you and your attorney must prove that the defendant owed you a duty of care to prevent a slip and fall, the defendant failed to fulfill this duty in some way, and that the failure directly resulted in your injuries.
After a slip and fall, the first thing victims should do is seek medical attention. In most cases, victims feel the effects of falls immediately. However, sometimes internal wounds do not immediately manifest symptoms. Seeing a doctor is a wise idea so you can have your medical condition accurately assessed, and your doctor will more than likely indicate any possible future complications.
Liability for Slip and Falls in Philadelphia
Property owners and those occupying a property are expected to keep the premises reasonably safe to prevent a slip and fall injury or other accident. In addition to state-specific laws, an owner’s liability depends on whether the injured visitor was considered a licensee, invitee or trespasser.
A licensee is a visitor who is permitted to be on the property for a specific purpose. Property owners/occupiers may be held liable for licensees’ injuries that occur as a result of the owner/occupier’s failure to exercise care to prevent injury on the property when the owner/occupier knew or had reason to know of a dangerous condition, and the licensee did not have reason to know of the dangerous condition.
An invitee is a visitor and is typically either a public invitee or a business invitee. Invitees include social guests and family members who do not live on the premises, as well as customers on commercial properties like retail stores and restaurants, who are invited onto the premises. Property owners/occupiers owe invitees the highest duty of care, and liability for injuries results if a dangerous condition on the property is known or should have been discovered by the owner/occupier, and he or she fails to keep the property safe from that condition.
Property owners also owe a duty of care to trespassers, meaning persons who do not have expressed or implicit permission or the lawful right to be on the property, but only if the owner/occupier is aware or can reasonably anticipate a trespasser’s presence on the property, and only if the owner/occupier was guilty of willful or wanton negligence or misconduct.
Slip and Fall Statistics
Slip and fall accidents are much more common than most people realize. According to a report by the Centers for Disease Control and Prevention (CDC), millions of Americans fall every year and 700,000 of them are hospitalized with fall-related injuries.
Slip and fall accidents are associated with a long list of serious health consequences. They are the most common cause of traumatic brain injury (TBI) and regularly result in hip fractures and other broken bones. In other cases, a fall can be deadly. The National Floor Safety Institute says half of all accidental deaths in the home are caused by a fall.
Construction Site Slip and Fall Accidents
The Occupational Safety and Health Administration (OSHA) are the agency responsible for enforcing the regulations in place meant to safeguard American workers on the job. When an employee suffers an injury, OSHA will investigate if there are any reports of health or safety violations. OSHA oversees millions of employees in various industries, but construction is statistically the most dangerous.
Of all the fatal accidents in the construction industry, falls account for the most deaths. OSHA calls the top four most common causes of death in the construction injury the “Fatal Four.” Falls are the most fatal, accounting for about 40% of all deaths – far more than anything else.
OSHA has strict regulations meant to ensure worker safety, and if employers fail to meet these requirements, they can be held accountable for any resulting injuries and damages. Construction workers who are injured on the job should seek immediate medical attention. Once able, the next step should be to consult with an attorney. In any falling accident case, the victim faces one of many possible outcomes.
Falls are a common injury, but falls in the construction injury are typically very damaging and can cost injured workers astronomically in the form of medical expenses and lost wages. If you or someone you know has been injured in a falling accident while working construction, reach out to the team at Anapol Weiss for a consultation
Causes of Slips, Trips and Fall Accidents
Common causes of slip and fall injuries that result in premises liability lawsuits include:
- Property owner’s failure to reasonably clear away ice and snow accumulation from walking paths
- Property owner’s failure to mark falling hazards, such as broken stairways or holes in upper floors
- Failing to warn visitors about a known safety issue
- Cluttered walking paths – especially stairwells
If a lawful visitor to the property suffers an injury that could have been prevented with proper care, or the property owner did not warn the visitor about a known safety hazard, the injured party may choose to sue the property owner for the resulting injuries and damages.
Elderly people are some of the most affected by slip and fall accidents, and a large number of serious falling injuries occur in assisted living or nursing home environments. If the staff at such a facility fails to accommodate a patient’s falling risk, the injured patient could sue the facility for their damages.
Contact a Slip and Fall Injury Lawyer in Philadelphia
At Anapol Weiss, we are committed to maximizing compensation for our clients. Reach out to our team to schedule a consultation about your slip and fall case in Philadelphia, PA today.