How do you prove negligence in a slip and fall case in Philadelphia?


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A: Under Pennsylvania slip and fall law, a plaintiff must prove that the defendant store owner/property manager was negligent in some way. The strength of a slip and fall case in Philadelphia will depend on what kind of evidence exists showing that the defendant was negligent.

Under the law, a slip and fall victim must show actual or constructive notice. Actual notice may be proven through witness testimony or documents about a prior complaint about the thing which caused the accident. For example, in a slip and fall case where a broken step caused the fall, evidence of actual notice would be either testimony or documents showing that there were prior complaints about the step. Evidence that the owner created the condition will also establish actual notice.

Constructive notice is anything which shows that the defendant should have known about the defect. For instance, evidence showing that the broken step existed for several months would be evidence of constructive notice.

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For more information, call our Philadelphia, Pennsylvania and New Jersey slip and fall lawyers. Click To Call.

Our lawyers are available for a free, no obligation legal consultation, and can obtain special admission in other states, such as New York or Delaware, on a case by case basis.

Our attorneys represent slip and fall victims in the following areas: Allegheny County, PA; Berks County, PA; Bucks County, PA; Chester County, PA; Delaware County, PA; Lehigh County, PA; Montgomery County, PA; Northampton County, PA: Philadelphia County, PA; Atlantic County, NJ; Burlington County, NJ; Camden County, NJ; Cumberland County, NJ; Gloucester County, NJ; Salem County, NJ; New Castle County, DE; Kent County, DE; Atlantic City, NJ; Philadelphia, PA; Pittsburgh, PA; Newark, NJ; Doylestown, PA; Media, PA; West Chester, PA; Norristown, PA; Camden, NJ; Wilmington, DE; Newark, DE; Georgetown, DE; and New Castle, DE. Our lawyers can obtain special admission in other states on a case by case basis.

**This website does not provide legal advice. Every case is unique and it is crucial to get a qualified, expert legal opinion prior to making any decisions about your case. See the full disclaimer at the bottom of this page.

Published: July 22, 2012