Slip and fall injuries can be difficult to validate due to the social stigma that is often associated with them. However, this does not mean that you do not have a valid case. Slip and fall victims that hire a lawyer generally recover more financial compensation compared to those that do not have legal representation.
Thank you so much for the job well done.
– Client of Schmidt Kramer
For more than 30 years, Schmidt Kramer has provided a voice for injury victims throughout Pennsylvania. Our Lancaster slip and fall lawyers understand Pennsylvania’s premises liability laws and use that knowledge to help build a strong argument for your slip and fall case. Our attorneys have also been recognized by numerous, prestigious legal organizations, including Partner Scott Cooper who has been named as a Pennsylvania Super Lawyer every year from 2010-2020.
There are no upfront fees if you choose to hire us and we only get paid when we obtain a recovery.
Call (717) 888-8888 to schedule a free consultation.
Compensation for a Slip and Fall Accident
If you have suffered a serious injury after a slip and fall accident, you may be eligible to pursue several different types of damages. These may include:
- Past and future medical expenses
- Lost wages
- Loss of earning capacity
- Medical assistive equipment, such as a wheelchair
- Pain and suffering
- Loss of enjoyment of life
- Loss of reputation
- Loss of companionship
- Cost of a caregiver
However, as every case is different, it can be difficult to calculate the damages without knowing the details related to your specific incident. For this reason, we recommend contacting a slip and fall lawyer from our firm to help determine if you have a case and if so, the potential value of it.
We offer a free, initial consultation where you can speak to a lawyer at our firm, and there is no obligation to proceed if we determine you have a case.
Building a Slip and Fall Case
Our Lancaster slip and fall lawyers must establish that your injury was the result of property owner’s negligence to recover compensation for your damages.
Negligence refers to a failure to uphold a duty of care. A duty of care is a legal obligation to take reasonable steps to keep people safe.
The duty of care is determined by your legal classification when you entered the property. There are several classifications for visitors on a property, depending on the reasons visitors entered the property. These classifications include:
A licensee is someone who has permission to enter the property from its owner for his or her own benefit, such as the property owner’s friend or family member who is visiting the owner for a personal reason.
Property owners have a duty of care to warn the licensee of known hazards that exist on a property or hazards that licensees will not discover on their own. However, property owners are not obligated to inspect their property for hazards that may harm a licensee or fix one that may exist.
If you were injured as a licensee on another’s property, a Lancaster slip and fall attorney can launch a detailed investigation to determine whether the property’s owner adequately warned you about the hazard before your accident.
An invitee is an individual who has been invited to enter the property for the owner’s benefit. This may include a maintenance worker who is conducting repairs on the premises, or a customer in a restaurant or store that is there to shop and financially benefit the property’s owner.
Property owners owe the highest duty of care to invitees and must warn them of any known hazard that may exist on the property. Additionally, the property’s owner must take steps to inspect the property and fix any existing hazard that may harm the invitee.
A property owner can potentially be held liable for an invitee’s injuries if he or she can prove the owner should have known about the hazard and failed to fix it or provide adequate warning of its existence.
A trespasser is anyone who illegally enters a property without the owner’s permission or consent.
In most slip and fall cases, property owners do not owe trespassers a duty of care and do not need to make the property reasonably safe for the trespasser. However, the property owner must refrain from intentionally or willfully injuring the trespasser. This means a property owner cannot intentionally make his or her property dangerous for a trespasser.
However, property owners may still owe a duty of care to children, regardless of whether one is trespassing on the premises. The owner must inspect his or her property to see if there may be any attractive nuisances, such as a swimming pool, that might attract children. If there are any attractive nuisances that the owner could reasonably expect would attract children, the owner must take steps to protect children from potential harm. If a child is injured near a swimming pool and there was no fence around it, the property owner could potentially be held liable.
Proving liability in a slip and fall claim can be difficult, especially if you are unfamiliar with Pennsylvania’s personal injury and premises liability laws. You may need the help of a personal injury lawyer in Lancaster to help you determine if the property’s owner is at fault for your injury. He or she will help you build a case that holds the at-fault party liable for his or her negligence.
Call (717) 888-8888 to find out if you have a slip and fall case.
Comparative Negligence in Pennsylvania
In some cases, a slip and fall accident victim may have also acted negligently to cause his or her injuries. When this occurs, Pennsylvania uses the standard of comparative negligence to determine the amount of compensation the victim can receive, according to Tit. 42 § 7102.
Under comparative negligence, you may still recover compensation as long as your negligence is not greater than the at-fault party’s. However, you will be assigned a percentage of fault based on your degree of negligence during the accident. The amount of compensation you may receive will be reduced by the percentage you are assigned.
For example, you may file a $100,000 personal injury claim after slipping and falling on a wet surface in a restaurant. However, a court may find that you were warned about a spill in the area, and are 40 percent at fault for your own injury. As a result, your claim will be reduced by 40 percent to $60,000.
Our slip and fall lawyers in Lancaster will be able to explain the amount of compensation you may be entitled to receive during a free, no obligation consultation. We have represented numerous personal injury claims and understand how to accurately estimate the value of your claim.
Complete a Free Case Evaluation form to get started.
Pennsylvania’s Statute of Limitations for Slip and Fall Cases
If you have been injured in a slip and fall accident and believe you are entitled to compensation, you should not hesitate to take action against the at-fault party.
Pennsylvania imposes a two-year statute of limitations on personal injury claims, including slip and fall accidents, according to 42 Pa. Consol. Stat. § 5524(2).
This deadline begins on the date you suffered an injury from your slip and fall accident. If you do not file your lawsuit against the at-fault party within two years, your case will likely be dismissed and you cannot recover compensation.
Although two years may seem like a long time, you should contact an attorney as soon as possible to find out if you have a case against the at-fault party. Your attorney will need time to build a case against the at-fault party by gathering evidence that establishes the property owner’s fault and using your medical records to create a link between your injury and the slip and fall accident.
During your free, no obligation consultation, our slip and fall attorneys in Lancaster will explain the time limits that apply to your case. We will help you file your lawsuit within the statute of limitations to ensure you have a chance to recover the compensation you deserve.
Complete a Free Case Evaluation form.
Types of Slip and Fall Accidents
When a property owner neglects to maintain his or her property or fails to warn visitors about a known hazard that exists on the premises, it can result in a serious accident, such as:
Slip and Fall
A slip and fall accidents occurs when you lose your footing on a wet or slick surface. Some of the most common causes of slip and fall accidents include:
- Unattended spills
- Recently mopped or waxed floors
- Puddles from rain or water buildup
- Snow or ice buildup
Trip and Fall
A trip and fall accident happens when you trip over an object located in your path and fall onto a hard surface. This may be caused by:
- Uneven surfaces
- Loose wiring, cords or ropes
- Torn or loose carpeting
- Poor property maintenance
- Trash, debris or objects left unattended on the ground
- Cracks in a sidewalk or walkway
Step and Fall
Visitors to a property may be injured in a step and fall accident when they encounter an unexpected hole or hazard in their path. Causes of a step and fall accident include:
- Broken staircases
- Lack of handrail in elevated areas
- Cracked or missing pieces of sidewalk
If you are able to prove the property owner failed to take reasonable care to remove or warn you about a hazard, you may have a case.
Contact Our Lancaster Slip and Fall Lawyers
Although a slip and fall accident may seem minor, victims often suffer serious injuries that affect their ability to live a normal and independent life. When this occurs, you should consider contacting an experienced attorney to discuss your right to pursue compensation from the at-fault party.
Schmidt Kramer’s slip and fall lawyers in Lancaster are dedicated to helping victims after being injured in a serious fall accident. We understand how to effectively represent your claim with the at-fault party’s insurance company, and will not settle for any amount of compensation less than what you deserve.
Contact us today to schedule a free, no obligation consultation with a member of our team of skilled attorneys. All of our attorneys work on a contingency fee basis and will only charge you if we recover compensation for your claim. There is no risk in finding out if you have a case.
Call (717) 888-8888 to get started today.