Scranton Slip and Fall Lawyer
As owners of homes and businesses, we all have an implicit legal responsibility to keep visitors on our property safe. If you’ve been injured on another person’s property, it may be because they were negligent. If you’ve suffered measurable harm, you may be able to file a lawsuit based on the legal concept referred to as “premises liability.”
Lawyers refer to the theory of premises liability when an illness or injury is the result of a defective condition on another person’s property. For this reason, it’s also known colloquially as “slip and fall” liability.
In terms of the law, slip and fall cases are in the realm of personal injury, in which all cases are rooted in the same idea: negligence. In a slip and fall case, a plaintiff’s legal team must prove that the owner of the property was negligent in its upkeep, which directly resulted in injury.
You may have been injured on another person’s property, but this doesn’t automatically make the owner negligent. We define “negligence” in slip and fall cases as when a property’s owner did, or should have, known that a dangerous condition existed, but failed to address it. If you believe negligence was attributed to your injury, contact the Scranton slip and fall lawyers at Rosenbaum & Associates for a free consultation.
Why Choose Us?
- Since 1992, our personal injury lawyers have helped recoup more than $100 million dollars in damages for our clients.
- Our law firm only focuses on personal injury law. We use all of our resources and experience to help injured clients and their loved ones recover.
- The attorneys at Rosenbaum & Associates operate on a contingency fee basis. The lawyers only get paid if our clients cases are successful. If no damages are awarded, plaintiffs do not pay for anything.
Examples of Premise Liability Cases
Any accident that occurs as the result of a property’s defective condition may be a case of premises liability in the eyes of the law. Here are some of the most common examples of premises liability cases:
- Slip and fall accidents
- Trip and fall accidents
- Injuries resulting from inadequate maintenance
- Elevator injuries
- Swimming pool accidents
- Dog bites
- Playground injuries
- Household hazards in rental properties (asbestos, lead)
We often refer to premises liability as “slip and fall,” but in reality, it can encompass a wide range of accidents. Generally, we pursue a slip and fall case when we believe a property owner in the Wilkes-Barre area has violated their duty of care.
What Is Duty of Care, and How Will It Affect My Slip and Fall Case?
We each have an implicit, but legally binding, duty of care to one another. In other words, we must exercise reasonable caution in our daily activities. It’s why we can’t get behind the wheel of a car under the influence of alcohol or run out in front of traffic. Landowners similarly have a duty of care, which entails keeping it safe from hazards. Routine maintenance and upkeep are essential parts of a property’s care. If you’ve been injured on someone else’s property, the first thing our Scranton slip and fall lawyers look for is evidence that the landowner violated their duty of care.
Here are some examples of violations of a landowner’s duty of care:
- Swimming pools are required by law to be adequately fenced and secured. If a fence falls into disrepair, or an owner fails to lock a gate, this might constitute negligence. If a young child gets into the pool and drowns, the owner would be liable.
- The Wilkes-Barre area sees its fair share of snow, and those who live in the city limits have a legally established time frame for clearing it. If you slip and fall on someone else’s sidewalk, and they have not adhered to city code, they may be guilty of negligence.
Exceptions to the Duty of Care Rule
There are cases in which you cannot file a lawsuit based on slip and fall liability, even if the property owner was negligent in a property’s upkeep. You cannot file a lawsuit if:
- You were trespassing
- You were in the process of committing a crime on the landowner’s property
- You were in an area that you had no legal right to be
Where Do Slip & Fall Accidents Typically Occur?
Slip and fall accidents commonly occur on poorly maintained premises and neglected properties. These types of accidents are common in Pennsylvania and can happen in several different types of property. Some common areas where slip and fall accidents occur are:
- Parking lots
- Strip malls
- Shopping malls
- Icy surfaces
What Steps Should I Take If I’ve Suffered Injury From a Slip and Fall Accident?
After a slip and fall accident in Scranton occurs, it is important to take certain steps immediately after an accident occurs. If you have suffered a slip and fall accident remember to perform the following:
- Seek immediate medical treatment – After an injury has suffered, it is imperative to act quickly and seek out medical treatment. Not only can the medical services rendered help an injured individual recover, the medical report will be imperative in the documentation of an injury. If a slip and fall claim is filed against a negligent party, the medical examination will be reviewed.
- Report the accident – If a slip and fall accident occurred at a place of business or one’s own workplace, ensure that immediate supervisors and management are aware of the injury suffered. If first responders were contacted and arrived at the scene of the accident, request a copy of the accident report for your records.
Obtain evidence at the accident scene – If you are able to – snap some photos of the area and/or hazards where the accident occurred. Keep all records and photo evidence of any injuries sustained from the slip and fall accident.
- Don’t accept blame or cast blame – After an accident occurs, try to remain calm. There is no need to apologize or direct blame at any individual, business or other party. If an injured victim is asked to give a recorded statement, respectfully decline until a consultation with a slip and fall attorney occurs. Do not sign anything that you do not understand, if you are requested to sign any documents, consult with a lawyer.
- Refrain from venting on social media – After an injury occurs, it’s easy to vent frustration to friends, loved ones in person and via digital platforms. However, it is very important to remain professional. Any comments made on social media can be discovered by other individuals potentially harming the slip and fall case.
- Contact an attorney – If you believe that the injuries and damages suffered from a slip and fall accident exceed any settlement offered, contact an experienced law firm that specializes in slip and fall cases.
Contact our Scranton Slip and Fall Attorneys
If you believe you have legal grounds for a slip and fall liability lawsuit, your next step is to contact our law office for a free initial consultation. Slip and fall civil suits will help you recover damages from lost wages, medical bills, and emotional anguish. To see if you’re eligible for our contingency fee based legal services, contact the Scranton slip and fall attorneys Rosenbaum & Associates today.