Slip and Fall Accidents
Slip and fall accidents can happen for a variety of reasons. Ice, snow, liquid substances, debris, uneven surfaces, slopes, and other unsafe conditions make walking a hazard. When a slip and fall leads to spinal cord injuries, the impact can be severe for the victim and his or her family. Treatment, surgery, and long-term care add up. The medical bills are considerable and there are financial consequences.
There are laws that allow you to recover damages if you’ve suffered spinal cord injuries from a falling accident, but different theories of negligence apply. The attorneys at Cohen, Placitella, & Roth, P.C. represent clients in these types of incidents to ensure that victims of spinal cord problems obtain the compensation they deserve.
Establishing Negligence in a Slip and Fall Accident
Like all cases founded in negligence, you must prove certain elements to prevail in a lawsuit for slip and fall:
- There is a duty of reasonable care to maintain a safe environment;
- The property owner failed in this duty on account of negligence;
- The negligence caused an accident; and,
- You sustained a spinal cord injury as a result.
The key in a slip and fall case is the element of negligence. In Pennsylvania, there are certain ways to establish negligence on behalf of the property owner or manager. If that person created the unsafe condition, was aware of the danger and didn’t take action to fix it, or should have known about the hazard, the negligence element is satisfied.
Comparative Negligence for Spinal Cord Injury Due to Slip and Fall
There is another factor to consider in a personal injury case if your own actions were partly to blame. People are expected to watch out for their own interests and act reasonably under the circumstances. If you were acting irresponsibly at the time of the accident and your behavior had a hand in the injury, the theory of comparative negligence applies.
Under this concept, Pennsylvania law uses a sort of percentage system in assigning fault. The formula assigns a number to your actions in the accident and to the property owner, which will total 100. If the percentage attributed to you is 50 or more, you are completely barred from recovering compensation for your losses. You can still recover damages if that number is less, but the figure does impact your financial reward. For example, if your fault was 30 percent, you can only recover 70 percent of the total damages.
Consult with a Lawyer About Slip and Fall Accidents
Negligence in a slip and fall case is a bit more complicated as compared to other types of personal injury matters, so you need a skilled lawyer to prove your right to compensation. An attorney for the other party will attempt to place blame on you to limit your recovery under Pennsylvania law. The attorneys at Cohen, Placitella, & Roth, P.C. Attorneys at Law have the experience necessary to overcome comparative negligence arguments in slip and fall accidents. Please contact our Philadelphia office with questions about your matter. Our lawyers can also schedule a free consultation to discuss your options.