Many people believe that if they slip, fall, and suffer an injury, they must have a personal injury claim against the property owner. Slip and fall injuries, however, do not lead to viable personal injury claims unless there is adequate evidence that the property owner was negligent in some way. An Indiana, PA personal injury lawyer could evaluate the circumstances of your fall and determine whether your incident merits a personal injury lawsuit.
Filing Western, PA Slip and Fall Claims
Premises liability cases, which concern the legal duty of property owners to maintain their property for the safety of others, often involve slips and falls. These accidents may occur due to various hazards or dangerous conditions on the property, such as the following:
- Slippery floors due to weather conditions or spills
- Broken or crumbling stairs, wobbly or missing handrails, or poor lighting
- Loose carpeting, unsecured floor mats, or uneven floor tiles
- Cracked or broken sidewalks or sidewalks not cleared of snow and ice
Essentially, a slip and fall claim can result from any dangerous condition that exists on property belonging to others, whether it is a private residence or a public place. Guests or customers at a hotel, store, or restaurant all expect safety when they visit these establishments and property owners must keep their property reasonably safe. When property owners fail to live up to this duty, injury victims may wish to consult with a slip and fall attorney in Indiana, PA.
Property Owner Liability
Various factors impact whether property owners will be liable in a slip and fall accident. One major factor is whether the property owners knew, or reasonably should have known, about the hazard that caused the injury. If the property owners knew about the danger, an attorney at Marcus & Mack could investigate how long the property owner knew about the dangerous condition before the accident and whether the property owner took any steps to remedy the condition.
Other relevant factors may include whether the property owner took any steps to warn others of the hazard, such as posting signs or cones or issuing warnings to customers. Another consideration is how likely it was that the condition would result in harm to others. A slip and fall lawyer in Western, PA could be able to examine each of these factors and determine the validity of any personal injury claims.
Another factor that an attorney at Marcus & Mack could investigate is whether the property owner caused or created the dangerous condition. Property owners are not allowed to create dangerous conditions in areas where they know or reasonably believe other individuals may be present. For instance, our premises liability lawyers have pursued claims where homeowners have negligently discharged rainwater from a downspout onto their sidewalk, creating a dangerous condition and the potential for severe injury.
Deadlines for Indiana, PA Slip and Fall Claims
Like other states, Pennsylvania has a statute of limitations or legal timeframe in which individuals must file lawsuits. These statutes of limitations often differ according to the type of lawsuit involved. Under Pennsylvania law, 42 Pa. C.S. § 5524, individuals generally have two years from the date of the accident that resulted in their injuries to file their personal injury claim.
Pennsylvania law does contain other requirements in certain cases, such as in the case of personal injury claims against government entities. In that case, injury victims have only six months to give notice to the government body that they intend to file a personal injury claim.
Contact a Western, PA Slip and Fall Attorney for Advice
If you slip and fall on property belonging to others, you may end up with severe injuries that necessitate medical care and may cause permanent impairments, such as back and neck injuries. A Western, PA slip and fall lawyer could help assess the facts and circumstances surrounding your slip and fall accident and determining whether you are eligible to file a personal injury claim. Contact an attorney today.