In order to prove a slip and fall case, you must be able to show that the four tenets of negligence exist in your case. It can help to have a personal injury lawyer and their team in your corner to hold the liable party accountable for their negligence.
Causes of slip and falls include uneven or wet floors, inadequate lighting, broken steps, long cords, and torn or loose carpeting. Examples of injuries from a slip and fall are traumatic brain injuries (TBIs), back injuries, broken bones, neck injuries, and spinal injuries. You might be entitled to monetary compensation for the damages you incurred through no fault of your own, and by proving another party’s negligence, you may be able to recover your financial losses.
The Four Elements of Negligence
When proving your Pittsburgh slip and fall case, it is vital that you show that an entity acted negligently, causing your slip and fall. You must establish the following:
Duty of Care
You must first prove that the person or entity you are filing a case against owed you a duty of care. For example, you could be in a grocery store and slip because of a puddle of water that did not have a caution sign near it. The store was responsible for cleaning it up, ensuring the safety of its patrons.
Breach of Duty of Care
The store failed to keep the premises free of hazards by neglecting to clean up the liquid spill, resulting in injuries from a slip and fall.
Due to the slip and fall, you suffered injuries. This could have been prevented had the store taken care of a mess.
Because of your fall-related injuries, you endured damages. Examples of damages include medical bills, property damage, pain and suffering, lost wages, and diminished earning capacity.
Establishing negligence is key to a successful personal injury lawsuit. Without demonstrating these four elements, there is no case.
For a free legal consultation, call 412-219-5084
Building Your Slip and Fall Case
A personal injury lawyer can assist you in creating a solid case. After a slip and fall, you may be in the hospital or at home recuperating, and you shouldn’t add more to your plate by handling a claim. A slip and fall lawyer will take care of all the legal work while you focus on your recovery. Once the responsible person or entity is identified, work on your case begins.
Evidence is imperative in any personal injury case. Pictures, videos, and/or surveillance footage of the scene of the accident and your injuries can significantly help your case. Your medical bills and records also serve as good evidence as they display a link between the accident and your injuries. A lawyer can obtain these pieces of evidence on your behalf.
If there were witnesses to the slip and fall, and you took down their contact information, they may have important details to share that could make a difference in the outcome of your case.
If you feel you need additional help with your case, accident reconstruction specialists and medical experts are available to potentially strengthen your case. An accident reconstruction specialist will analyze the slip and fall and discuss how and why it occurred. A medical expert can speak on how your injuries will affect your life.
Pennsylvania Statute of Limitations
In Pennsylvania, a slip and fall victim who is looking to file a lawsuit against a negligent party generally has two years to take action, according to 42 Pa. C.S.A. § 5524. If a family member lost their life to injuries they sustained in a slip and fall accident, you usually have two years as well to file a wrongful death lawsuit. A family may be compensated for damages such as funeral and burial expenses and loss of parental guidance in such a situation. Do not delay if you want to file a lawsuit—two years can seem far away, but building a compelling case takes time.
Berger and Green Are Your Slip and Fall Accident Lawyers
We can help you prove a slip and fall case after you sustained injuries through no fault of your own. You deserve compensation, and we will work with you to get it.
Contact us today at (412) 661-1400 for your free case review with a member of our team.