Aside from motor vehicle accidents, slip-and-falls and trip-and-falls are the most frequently filed personal injury claims and lawsuits. They’re difficult cases. Here’s what needs to be proved.
The general rule is that no owner or occupier is the guarantor of the safety of a person who comes onto their property. According to the Jersey Shore PA lawyers at Carpenter Harris & Flayhart, the exception to that general rule is when the owner or occupier of the property is careless and negligent. If a person who is lawfully on property that is owned or occupied by another person or entity is injured by a hazardous condition on that property, liability for damages could attach.
Notice and Comparative Negligence
The person claiming injury is required to prove that the owner or occupier of the property where he or she was hurt either knew or should have known of the hazardous condition. Actual notice might be shown if the owner or occupier created the hazard. Constructive notice would be shown if the hazard remained on the property for a long time, and the owner or occupier failed to warn other people of it and repair or remedy it.
For example, constructive notice might be imputed if the person or entity in control of a large grocery store failed to clean up a spill after a reasonable amount of time passed. Pursuant to Pennsylvania’s comparative negligence statute, a person claiming injury from a slip-and-fall or trip-and-fall will also need to show that he or she wasn’t 51% or more at fault for the accident.
The issues regarding negligence, notice and comparative negligence are all based on the facts of each individual case. If you or a family member suffered injuries and damages in a slip-and-fall or trip-and fall accident, report the accident immediately and seek medical attention right away. After that, contact the Jersey Shore PA lawyers at Carpenter Harris & Flayhart to arrange for a free consultation and case assessment.