Scranton Slip & Fall Attorneys
Real Representation, Real Results
Due to the commonplace nature of slip and trip hazards, slip and fall accidents are among the most common types of accidents in premises liability claims. Although, commonality does not make these claims any easier to win. Proprietors and insurance companies can often put up a strong fight without much evidence by simply saying that the claimant or plaintiff fell due to their own mistakes or clumsiness.
Don’t let your case get dismantled so easily. Team up with Fellerman & Ciarimboli Law PC to strengthen your claim without adding any extra stress on your shoulders. Our Scranton slip and fall lawyers bring extensive legal experience and a history of impressive results to each case we take. See what that level of service can do for you by contacting us today.
We can help. Dial (800) 513-8941 to learn more.
How Do You Prove Negligence in a Slip & Fall Case?
As mentioned, defendants in slip and fall cases usually try to pin the blame on the injured party. This strategy can pay off because a slip and fall accident does not often involve someone else, only the injured and a hazard that made them slip or trip. With no one else involved in the accident, it can seem logical that the claimant must have done something wrong or reckless before falling. It makes it difficult to sue someone for a slip and fall accident and to prove their negligence.
Our attorneys are here to make the process of building your claim, finding liability, and proving negligence easier on you. We can handle each step along the way while you focus on recovery.
The evidence we might be able to use when proving negligence in a slip and fall case is:
- Security camera footage: If you fell in a retail or commercial location, then there might be security camera footage that captured your accident. Get our lawyers on your side right away to let us request copies of that footage quickly. Some defendants might try to erase or “lose” the footage to protect themselves, so hiring a fast-moving legal team is hugely beneficial.
- Eyewitness testimony: Was there anyone around who saw your fall, like another shopper or an employee of the property? If you have their contact information, pass it along to us and we can speak with them to see if they know anything that could help prove your case.
- Accident reports: Businesses should keep accident reports that detail any injuries that happen on the property. Examining these reports could reveal a history of slip and fall accidents there, which could suggest that the business’s safety protocols are lacking.
- Medical records: Your doctor can note that they think your injuries were more than likely caused by a slip and fall accident. Be sure to tell them that you fell when you first see a medical provider. Otherwise, there could be conflicts in your medical records that benefit the defendant.
Property Owner Responsibilities
At the root of a slip and fall case is the property owner’s responsibility to care for the property and to protect visitors from undue harm. If they fail in either of those duties and someone gets hurt, then they could become liable for the injuries and associated damages, like medical treatments, lost wages, physical pain, and emotional harm.
Four factors need to be present to concretely establish a property owner’s negligence:
- Slip and fall hazard was reasonably accessible to visitors, guests, and others.
- Hazard was not purely random but rather created at least in part due to negligence.
- Property owner knew or reasonably should have known about the hazard.
- Nothing was done to appropriately address the hazard, such as fixing it or warning others.
Do Most Slip & Fall Cases Settle Out of Court?
If you slipped and fell in a commercial or retail space, then there might be a higher chance that the defendant will want to settle your claim out of court, which can be beneficial to all parties. A settlement is kept confidential, so the defendant does not need to worry about public backlash or reputation damage for allowing a visitor on their property to get seriously injured. Settlements are also faster to reach in the majority of situations when compared to litigation, so you can start your financial recovery sooner than later. For these reasons, most slip and fall cases will end in a settlement, but not all of them. To make certain your case is developing in a way that benefits you, working with an experienced slip and fall lawyer is recommended.
Taking Your Case to the Next Level
Fellerman & Ciarimboli Law PC is all about making the most of every case that comes our way. If you need the help of our Scranton slip and fall attorneys, then know that we are standing by and ready to go above and beyond your expectations. For us, winning a case is centered on the idea that you deserve to live comfortably after an accident that was not your fault. Knowing that so much is on the line, we never give up once we get started.