Philadelphia slip and fall cases are not as cut and dry as many people think. Simply because you fell on someone else’s property doesn’t mean that you can sue the owner and win. There are four important elements that you must provide to be successful in a slip and fall case as the plaintiff: the duty of the defendant, notice, presence of a dangerous condition and damages.
- Duty of the DefendantThe duty of the defendant is that the property owner, landlord or person who resides there has the responsibility to maintain the property and fix any issues that could be dangerous to others. The issues and how they are addressed are to be done within reason. This argument is based on whether or not the property owner or resident should have had control of the property where the Philadelphia slip and fall accident occurred.
- NoticeNotice is defined as the deviation by the property owner or resident from traditional maintenance or procedures used to prevent hazards. Should you be able to prove that the defendant deviated from the norm when it comes to maintaining the property, it could be possible to prove in court that there was improper maintenance of the property that led to dangerous conditions.
- Presence of a Dangerous ConditionEven though it is obvious to a slip and fall victim that a dangerous condition was present, this still must be proven to win a lawsuit. In order to prove the presence of a dangerous condition, the plaintiff must be able to prove that the defendant knew or should have known that there was a dangerous condition present. The plaintiff will also need to prove that the defendant should have fixed the dangerous condition, but failed to do so. At the same time, the plaintiff must also prove that he or she was using the property as intended and for no other reason.
- DamagesThe fourth and final element that must be proven in order to win a Philadelphia slip and fall case is that damages occurred. Damages are injuries or financial loss sustained from an accident. For plaintiffs who do not report the slip and fall accident immediately, this can become difficult to prove. You will need to provide significant proof, such as testimony from your doctor, that the injuries you suffer from were a direct result of the slip and fall.
A Philadelphia slip and fall accident attorney can answer all of your questions and explain your rights. The experienced firm of Kwartler Manus LLC will fight to ensure you and your loved ones receive the compensation they deserve. Contact our office at 267-457-5570 today to schedule a free consultation.