Fall Accident Law Library

 
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Proving Liability in a Fall Accident Lawsuit in Philadelphia

Sidewalk fall accidents tend to be pretty common in Philadelphia. Plaintiffs in these cases have to be able to prove that the property owner or manager either knew about the sidewalk defect (hole, broken area, uneven part, etc.) or should have known about it. Winning a Philadelphia sidewalk fall accident case requires evidence of the defect and oftentimes, testimony from others about how long the defect existed prior to the incident.

Store Liability for Slip, Trip & Fall Accidents in Philadelphia

Philadelphia has lots of pedestrian traffic, especially downtown. Under PA law, all businesses have a duty to shoppers and pedestrians. Restaurants, retail stores, gas stations, recreational businesses, etc., have a duty to maintain their premises, including sidewalks, in a reasonably safe manner. When a dangerous condition causes an accident, the injured party can receive compensation for their injuries. Read more about store liability for fall accidents on the premises.

Notice and Negligence in Fall Accident Hazards

Injured parties have to prove that the property owner, landlord or managing company had notice of the dangerous condition. There are two ways to prove notice or negligence in a fall accident case. First, you can prove that the owner had actual knowledge of the condition, through an employee’s admission or prior incident report. Second, you can argue that the owner should have noticed the condition, i.e., there’s circumstantial evidence which proves that the owner would have seen the condition.

Common Injuries in Philadelphia Fall Accident Cases

In fall accident situations, the most common injuries are broken bones, back/neck injuries and joint injuries (ankle, knee, wrist and shoulder). In some cases, head injuries can occur. Medical treatment often includes surgery, physical therapy, steroid injection therapy, etc. Oftentimes, in severe injury cases, the injured party will be out of work for several weeks or months. In the most serious cases, a long-term disability may occur. Get more info.

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Fall Accidents – Legal FAQs

I fell on the sidewalk at my apartment building in Philadelphia and broke my arm. Is the landlord liable for the sidewalk accident? (Posted on February 8, 2019)

A: It depends on what caused the accident and whether you can prove it was unreasonably dangerous and that the landlord had notice of it.

Can cities or towns in Pennsylvania be held liable for a fall accident on government property? (Posted on Jan. 4, 2019)

A: In December 2018, the Pennsylvania Supreme Court held that a school could be liable for a fall accident in a school gym where a student tripped on a gym mat and fell head first into a nearby unpadded wall. Because the wall was unpadded, the court held that the school could be held liable for negligence in the care and custody of the school property (i.e., the gym walls). Read more about the case here.