Accidents at hotels, motels, conference centers, etc. are very common in a large city like Philadelphia. What most people don’t know is that under Pennsylvania laws, they may have a valid negligence claim against the hotel or facility where the accident occurred.
Determining whether there is a valid negligence claim requires analysis of the following three factors:
1. Cause of the Accident
Determining what caused the accident to occur involves examining the accident location and discussing the accident with the injured person and any eyewitnesses. Slip and fall or trip and fall accidents most commonly occur due to:
- food or spills,
- slope and gradient issues,
- improper use and placement of floor mats, and
- cracks or breaks in a walkway.
Under Pennsylvania law, the burden of proof is on the plaintiff, meaning that the plaintiff must be able to prove how the accident occurred. Determining the cause of the accident and being able to prove that cause are two different things. In some cases, it is difficult to prove the cause of the accident, especially where there is no evidence other than the plaintiff’s own testimony. Pictures, videos, eyewitness testimony and incident reports can make it easier to prove the cause of the accident.
3. Ownership and Control
Under Pennsylvania law, a party who either owns or controls the area where the accident occurred may be held liable. In any given slip and fall or trip and fall accident situation, there may be multiple parties who own or control the area. Those parties may include:
- the property owner,
- a management company,
- a maintenance company, and
- a contractor or subcontractor who performed work on the area.
Related Legal Articles:
- Proving Notice of a Dangerous Slip and Fall Condition Like a Puddle
- What Happens in a Slip and Fall or Trip and Fall Accident Lawsuit in Philadelphia, Pennsylvania
- Philadelphia Hotel, Bar & Restaurant Liability for Slip and Fall, Trip and Fall or Fall Down Accidents
To submit your case for review by our Philadelphia, Pennsylvania and New Jersey hotel accident lawyers, call 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.
**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: August 25, 2012