Comparative Negligence vs. Premises Liability in Philadelphia

A slip and fall can result in injuries ranging from mild to severe. Poorly maintained properties often lead to unintentional injuries. A slip and fall lawyer at Philly Slip and Fall Guys will look into the details of your accident to help secure fair compensation. Here are a few differences between a comparative negligence case and a premises liability case:  

Comparative Negligence Details

The comparative negligence act in Pennsylvania states that a person or entity is eligible to recover compensation for damages or injuries if they are found to be 50% or less at fault for the accident. If a person or entity is determined to be more than 50% at fault, recovering compensation may not be possible. The compensation percentage depends upon how much each party contributed to the accident. If damages totaled $200,000 from an accident, but you were found to be at fault for 10% of those damages, the conditions of comparative negligence would likely reduce your compensation by $20,000. 

Comparative negligence does not prevent someone from seeking damage compensation. Instead, it requires the one calling for legal action to be less negligent than the person or entity accused. This act aims to help determine how to compensate proportionally based on each party’s contributions to the accident. The nuances can become complicated, making a slip and fall lawyer a valuable tool in these accidents. Philly Slip and Fall Guys can evaluate the various angles of the case to determine liability before pursuing compensation. 

Premises Liability Details 

The Premises Liability Act states that property owners are legally obligated to keep their premises safe and free of hazards. This statute includes public spaces and private properties. If someone suffers an injury on another person or entity’s property and can prove neglect, they may pursue compensation. To receive compensation, the plaintiff needs to show that they were lawfully on the property, that the owner was negligent in maintaining a safe space, and that their injury was directly caused by the property owner’s negligence. Places we often see hazardous conditions leading to a slip and fall include:

  • Sidewalks, walkways, or parking lots
  • Stores and malls
  • Restaurants
  • Health clubs and gyms 
  • Apartment complexes
  • Office spaces and city properties
  • Elevators and escalators
  • Playgrounds and public swimming pools

Property owners are responsible for maintaining their properties to reduce the possibility of a visitor getting injured. There are situations where property owners are unable to immediately address a problem. These can include pothole formation or a malfunctioning escalator. It is expected for property owners to address repairs promptly. While waiting for repairs, informing visitors clearly about potential hazards is a must. Signs stating the damage to warn visitors can help keep them safe and protect owners from any damages that might occur while waiting for the repair. Tape across sidewalks or escalators can also help.

How a Slip and Fall Lawyer Can Help 

Deadlines are assigned for filing any injury lawsuit, and missing this deadline may affect your ability to seek compensation. Philly Slip and Fall Guys work quickly to make sure you meet the deadline for your case. Insurance companies are typically involved in personal injury cases, and they often want to offer minimal compensation. Our team negotiates with these insurance companies on your behalf to help you recover what’s fair.

Compensation from a slip and fall injury on someone’s property may cover different forms of damages. Depending on the extent of injury, you may incur medical expenses, lose wages, and suffer pain and suffering. If a property owner acted with gross negligence, a slip and fall lawyer can assist with exemplary or punitive damages in your claim. This helps make sure the owner is held responsible and is discouraged from future negligence resulting in another injury. 

If you’ve been injured due to someone else’s negligence and you want to file an injury lawsuit, try to write out any details of the event. Include the setting, how the accident happened, all parties involved, medical response, doctor’s appointments, missed work hours, or anything related to your injury. By providing us with detailed information, our team will be able to gather the necessary evidence to thoroughly investigate the accident, which should lead to a strong case.

Contact Philly Slip and Fall Guys for Help

Slip and fall injuries may result in need medical attention, regaining lost wages, or the loss of enjoyment of life. Our team can help determine if your case is pursuable, even if you suspect you are partially at fault. Philly Slip and Fall Guys offers guidance while navigating the legal system, and we know how to create a strong defense for your case. With over 30 years of experience, we understand how to pursue claims adequately to get our clients fair results. Contact us for assistance in recovering compensation for your accident.