Slip and Fall and Trip and Fall Injuries in Pennsylvania
A broken section of sidewalk. A spill of colorless liquid on a supermarket floor. An ice-covered sidewalk. An unlit, unmarked area of excavation on a public walkway. Any of these things can cause an unsuspecting passerby to slip or trip and fall, often with devastating results.
Pennsylvania law permits you to recover damages for injuries caused by the negligence or fault of another. You may be entitled to damages for your medical expenses and lost earning capacity, as well as damages for pain and suffering and the loss of the enjoyment of life - money you may need to get your life back on track.
Pennsylvania has adopted the principles set forth in the Restatement (Second) of Torts §§343 and 343A (1965), which govern a land possessor's liability to an invitee with respect to conditions on the land which are known to or discoverable by the possessor. Under the Restatement, a possessor of land is subject to liability if he:
(a) knows or by the exercise of reasonable care would discover the condition and should realize that it involves an unreasonable risk of harm to such invitee, and
(b) Should expect that they will not discover or realize the danger, or fail to protect themselves against it, and
(c) Fails to exercise reasonable care to protect them against the danger.
However, a possessor of land is not liable to his invitees for physical harm caused to them by any activity or condition on the land whose danger is known or obvious to them, unless the possessor should anticipate the harm despite such knowledge or obviousness.
Obviously, the law of slips and trips and falls in Pennsylvania can be quite complex. These are extremely difficult cases. If you believe you have been injured due to the negligence or fault of another, you owe it to yourself to contact the attorneys at Wolf, Baldwin & Associates, P.C. to learn your legal rights before trying to settle your claim on your own. We can help you protect your rights, can guide you through the claim process, and can represent you through any litigation which may become necessary. We will gather all necessary information, talk to witnesses, secure medical and wage records, and put your case in the best light to settle with the insurance company. If litigation is necessary, our attorneys are no strangers to arbitrations and trials. We have handled many personal injury claims and negligence cases in Montgomery County, Berks County, and Chester County. There is no fee for an initial consultation on a personal injury claim, and contingent fee arrangements are available.
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