Slip and Fall Attorney Philadelphia
It is a situation that we all have faced at one point. Walking through the icy streets of Philadelphia is no easy task. Whether it be ice, snow, or the ever present black slush that lingers in some areas for weeks, we all have to trek through it to get to our destination. Without fail, no matter how careful we tread, we slip on a patch of ice that wasn’t salted or snow that wasn’t shoveled. Even if it is summer, heavy rains can make some surfaces impossible to walk across. Not to mention the fear shared by all people who walk in the city – the dreaded slip and fall into an open manhole.
Regardless of the reason why, a slip and fall is scary, especially if you are older or in poor health. When the medical bills come in, people tend to feel helpless. If a slip and fall left you with injuries, you have seasoned slip and fall attorneys at Freundlich & Littman, LLC. We work hard to ensure that you receive full compensation to pay your bills.
What Is A “Slip And Fall” Accident?
A “slip and fall” is a term used for personal injury accidents where the plaintiff, slips, trips, or stumbles on the property of another. The injury resulted from a hazardous condition on the property. It is a common tort action from which you can recover from your injuries. The circumstances of a slip and fall injury complicates full recovery, depending on your situation. A knowledgeable attorney who communicates with you during the whole process will make the road to recovery smoother.
If a slip and fall left you injured, there are a few things to keep in mind.
It Matters Where The Accident Occured
One of the issues to keep in mind first is where you slipped and fell. A “slip and fall” on private property is different than a slip and fall on a public property. This does not mean that you will not be able to receive money for your medical expenses as a result of the slip and fall. It merely means that the two cases look different.
- Private Property
Private property means any property that is not owned by the government. This could refer to a personal residence, a retail store’s property, or a restaurant. Generally, if a property owner opens up their house or business to the public, they owe a duty of reasonable care to anyone who enters it. That means that owner must keep their property free of hazardous situations. They must warn the public of a hazardous situation to prevent a slip and fall. - Public Property
Public property does not refer to granting access to every member of the public. It refers to property owned by the government. Generally, governments – state, local, or federal – have immunity from tort actions. The City of Philadelphia has waived tort immunity only in specific circumstances. As it pertains to slip and fall situations, the City is only responsible for “commonwealth real estate, highways and sidewalks…potholes and other dangerous conditions.”
How Do I Prove It?
As the injured individual, you have the burden of proving your slip and fall case. This means that you must show that the defendant had a duty owed to you which they violated, directly causing you foreseeable harm.
For slip and falls, you must show that the property owner did one of three things:
- “They caused the hazardous condition, OR
- They knew about the condition and failed to remedy it within a reasonable time, OR
- They should have known the condition, but they failed to reasonably inspect their property.”
If the slip and fall occurred on property owned by the City of Philadelphia, you must also prove that you received injuries in excess of $1,500. Further, you must show that any medical condition, loss of limb, or disfigurement is permanent.
How Much Can I Collect?
If you slip and fall on property not owned by the City of Philadelphia, there is no cap on how much damages you can seek at trial. There is a cap on the amount you can recover from the City of Philadelphia. You may only recover up to $500,000 dollars from the City of Philadelphia. It is important to note that if you trespass on property, either intentionally or unintentionally, you can recover from private property owners. You cannot recover from any trespass on a property owned by the City of Philadelphia.
Slip And Fall Lawyers
If a slip and fall in the City of Philadelphia left you injured, do not wait to contact Freundlich & Littman, LLC. The sooner you reach out, the sooner you can recover your medical costs. Time is of the essence, especially if the injury occurred on City of Philadelphia property. State law mandates that you must put the City on notice within six months of the date of injury. We are your slip and fall lawyers, and we are here for you. Call us today at 215-545-8500 to schedule a free consultation.
Contact us today at (215) 545-8500 or info@FreundlichandLittman.com for a free consultation and case evaluation.
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