Fall accidents are very common in Philadelphia and are one of the most common types of lawsuits filed in Philadelphia courts. Below are three common scenarios which result in financial compensation for the injured individual.
Fall Accident at Philadelphia Grocery Store
A customer at a grocery store in Philadelphia falls due to water leaking on the floor in the produce section. Mats had been put down to absorb some of the water, but due to excessive amounts of water, small pools of water had leaked onto the floor. Due to the fall accident, the customer sustains a fractured wrist that requires surgery and physical therapy.
Because the grocery store obviously knew about the leak but failed to take appropriate remedial action, the customer’s fall accident lawsuit would be successful. The amount of compensation would depend on the extent of the injuries, including how long it took to heal, whether future surgeries were necessary, and whether the customer lost time from work, and if so, how much time.
Related: Store Accident Lawsuits in Pennsylvania – Financial Compensation
Sidewalk Fall Accident in Front of Philadelphia Business
A pedestrian is walking in downtown Philadelphia and trips over a large, broken piece of concrete in the sidewalk protruding up because of intrusion from tree roots. Roots had grown under the sidewalk, breaking and pushing up pieces of concrete. The investigation reveals that at least 2 other pedestrians tripped over the same sidewalk several weeks prior. In both instances, the pedestrians filed complaints with the business.
Here, the pedestrian’s accident was reasonably foreseeable because the business had received prior reports about the sidewalk well before the accident occurred. Accordingly, the business is liable because of its failure to have the sidewalk fixed or otherwise post warning signs.
Related Case Result: Philadelphia Sidewalk Fall Accident Lawsuit Settles for $350,000
Parking Lot Fall Accident in Philadelphia Mall
A mall shopper has parked her car and is walking to the mall entrance when she trips over a large pothole. The specific area is located in the driving area of large delivery trucks which deliver goods to stores in the mall. As a result of the accident, the shopper breaks her ankle. Evidence shows that the pothole was created by large delivery trucks repeatedly driving in the specific area. Multiple truck drivers had reported the pothole to mall management which did not have the pothole filled in.
Here, the mall would be liable for the shopper’s injury because it knew about the problem, but failed to fix it.
The key in each of these scenarios is notice—showing that the property owner either knew about the dangerous condition or should have known about the condition under the circumstances. Prior reports or incidents is often important in these kinds of cases.
In addition, it is important to note that in each of these cases, the doctrine of comparative negligence would likely apply. This doctrine applies in the majority of fall accident cases because under the law, you have a duty to pay attention to where you are walking. If you fall as a result of a defective condition, you will probably be held responsible for failing to notice it. However, so long as you aren’t more than 51% at fault, you can still file a claim to seek recovery for your injuries; the total compensation award will be reduced according to the percentage of liability attributed to you. In general, most plaintiffs in sidewalk fall accidents will be found comparatively negligent, usually anywhere between 10% and 30%.
Visit our Fall Accident Law Library for more information.
About Our Philadelphia Fall Accident Lawyers
Our injury and accident lawyers handle fall accidents including slip and fall or trip and fall accidents. Our main office is located in Philadelphia, just blocks from City Hall. (866) 641-0806 – FREE CONSULTATIONS
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