A little while ago, we shared a blog post covering the basics of what most people should know about personal injury law. In that article, we introduced so-called “slip and fall” cases, which are more officially known in the legal world as premises liability cases.
It’s true that slip and fall cases don’t necessarily involve anyone actually slipping and falling, which is why personal injury lawyers prefer the technical name. However, no matter the term you prefer, if you have been injured by a dangerous property condition—trip hazards, a slippery substance on a floor, malfunctioning elevators and escalators, even inadequate lighting or security that leads to a criminal attack—you may be able to recover compensation from the property owner or another responsible party.
Slip and Fall Cases Can be Complex: Get the FAQs
Seems simple, right? You get hurt because someone else created dangerous conditions either on purpose or through neglect, and you can get money from that party to pay your medical bills and relieve your pain and suffering.
Unfortunately, premises liability is often quite complex and can be challenging to prove.
Cases can involve many different parties, types of accidents, and complicated evidence. That’s why you always want an experienced personal injury attorney on your side when you’ve sustained a slip and fall injury.
Perhaps you’re not even sure whether you have a legitimate slip and fall case. Today’s post answers some of our prospective clients’ biggest slip and fall FAQs (frequently asked questions), so you can be more confident in reaching out to a personal injury lawyer for help when you have been hurt by the fault of someone else.
What Happens If I’m Injured at My Neighbor’s House While Visiting?
Social hosts are expected to correct—or at least let their guests know about—any dangerous conditions in their homes, which may not be immediately recognizable. For instance, perhaps a floor is uneven and creating a trip hazard due to renovations in progress, or a low-hanging tree branch near a patio has been causing people to bump their heads. If you’re injured in a scenario like these, you may be able to recover damages from your host. While most people despise the idea of filing a lawsuit against a neighbor, the vast majority of such cases are resolved without resorting to court, simply by presenting a claim to the neighbor’s insurance company.
It’s important to note that if alcohol is involved in your slip and fall injury at someone else’s home, things can get much more complicated. First and foremost, it is your responsibility not to consume an excessive amount of alcohol regardless of where you are. Pennsylvania has social host liability laws that apply to guests of all ages (not just minors drinking underage), so if you have been hurt while consuming alcohol on a friend or neighbor’s property, it’s crucial to contact a personal injury lawyer about your rights.
My Loved One Fell in the Hospital While They Were a Patient. Can We Sue?
Patient falls in hospital and nursing care facility settings are frighteningly common and have been on the rise for decades. Whether your loved one fell as the result of deeper nursing home negligence issues in a given facility, or the slip and fall happened during a short hospital stay following a surgical procedure or even recovery from the current COVID-19 virus, they have legal rights.
While it’s impossible to say here on the blog whether you can bring a premises liability lawsuit in your unique case, a patient fall resulting in even minor injuries should be discussed with a trusted personal injury attorney.
Let us help you!
Can Street Crime Be Considered a Slip and Fall Injury?
As we have mentioned before, being hurt as a result of street crime—like a mugging or assault—can sometimes lead to a premises liability claim against the landowner for insufficient security. For instance, if you were attacked in a dark parking lot, you may be able to pursue a personal injury lawsuit against the parking lot owner for failing to provide adequate lighting or secure the area against criminal activity. Additionally, if a victim is killed as a result of the crime, it may be pursued as a wrongful death case.
It is important to note that a premises liability case would be separate from any criminal proceedings against an assailant, if that party is captured and brought to justice.
How is Video Surveillance Footage Used in Slip and Fall Cases?
While we tend to think of surveillance footage as originating from public safety or building security cameras, nearly everyone has video recording equipment in their pocket today, thanks to smartphones. A wide variety of video types could be brought to bear as evidence in your slip and fall case, and it’s essential to understand how this can impact your ability to prove negligence and liability of another party for your injuries.
Review our previous blog post on the ways that video footage can make or break your personal injury case to learn more.
Are Slip and Fall Cases Hard to Win?
In short, slip and fall cases can absolutely be challenging to win, especially for attorneys without extensive personal injury trial experience.
While these types of cases can be incredibly complex and a favorable outcome for every client is never guaranteed, having a skilled personal injury attorney—like our lawyers here at May, Herr & Grosh—on your side will significantly increase your chances of recovering the appropriate compensation for your injuries.
So, Do I Have a Slip and Fall Case?
If you have sustained an injury from a fall on unsafe property, you certainly may have a case. Most slip and fall cases come down to proving that another party, like a building owner, business owner, or even a municipality, is at least partially responsible for your injuries, and that can be complicated. You and your personal injury attorney will have to prove negligence, liability, and damages, and having adequate evidence available can be critical.
If you have been injured in a public place or on someone else’s private property, you owe it to yourself and your loved ones to get a free case assessment today.
May, Herr & Grosh has the personal injury law experience you need to ensure you receive the compensation you deserve, right here in Lancaster. Call us now to discuss the details of your case with a caring, skillful personal injury attorney who will review the facts and provide reliable guidance. Unable to travel? Our attorneys can make home or hospital visits, too.
