How Comparative Negligence Laws Affect Claims
A trip and fall lawyer can assist you with the legal process after you’ve experienced an accident due to negligence. There are certain factors that could influence your claim, such as weather conditions and who is at fault for the incident. Here is more information on comparative negligence and how it could affect your claim:
What are Comparative Negligence Laws?
A trip and fall lawyer may discuss comparative negligence, a legal term that could reduce the amount of damages a plaintiff may receive from their claim. The court weighs the fault of each party involved in the incident, and charges are determined by the percentages of fault. If they decide that a plaintiff is 40% at fault and the defendant is 60% at fault, the plaintiff receives 60% of the damages.
Each state has its own comparative negligence laws and processes. In Philadelphia, cases are legally defined as premises liability. This means that property owners are responsible for maintaining walkways, roads, and staircases, keeping them free of hazards. Ice and other debris must be removed by the respective owner, which includes government and state property.
What Hazards Do You Cover?
There are a variety of premises that we have submitted claims for, including parking lots, staircases, and even shopping centers. Parking lots and parking structures require adequate lighting and a safe walking area. Staircases, including steps, need to be in good condition with an available handrail. Shopping malls must also be safe for patrons by cleaning up spills, maintaining escalators and elevators, and keeping walkways clear.
Our team has won hundreds of cases for slip and fall accident victims who have experienced broken bones, bruising, or limited mobility. These incidents have occurred on commercial, governmental, and residential properties. It is the owner’s legal responsibility to provide safe, accessible pathways to prevent injury.
How Do I Calculate My Negligence Compensation Claim?
With trip and fall accident claims, compensation is only rewarded when a property owner is found to have acted negligently. Negligence is a legal term that describes when a property owner’s actions or omissions are below reasonable care.
In slip and fall cases, negligence could be when a property owner does not spread ice melt during the winter. Ice can be dangerous to pedestrians, just like vehicles, as it could be clear and difficult to spot. Icicles are also a threat to pedestrians if they walk underneath them.
We will pursue two different types of compensation for you after your accident. The first is economic damages, like medical bills and lost wages. The other compensation is non-economic damages that could have a broader definition. These damages could be psychological, such as increased anxiety and loss of enjoyment in life. Our team will explore every avenue of these categories to secure the compensation that you deserve.
Contact a Trip and Fall Lawyer
At Philly Slip and Fall Guys, we provide clients with comprehensive legal advice and representation for their accident claims. We are located in Philadelphia, Pennsylvania, and you may reach us by phone or email. Contact us today to start your claim.
