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Slip and fall accidents are not only common, but also have the potential to cause serious injuries. Over one million people are injured by a slip and fall every year, and many have to go to the emergency room for medical treatment.
If you sustained an injury in a trip and spill incident, you might be entitled to damages, depending on the circumstances of your case. However, determining your rights to recovery can be challenging without the advice of a skilled personal injury attorney. A Pennsauken Township slip and fall lawyer from our firm might be able to help you navigate through the process of filing a civil claim for damages.
Property Owner Negligence
Slip and fall cases typically involve property owner negligence. State negligence laws hold liable parties responsible for causing an accident which could have been avoided if they had applied a certain degree of care.
The first step in proving that a property owner was negligent involves demonstrating that he or she owed a duty of care to the plaintiff. Landowners are legally obligated to take reasonable measures to protect their visitors and guests from suffering any harm while on their property.
After establishing a property owner’s duty of care, the plaintiff must show that the owner breached it. For example, if a defendant failed to mop up a hazardous spill in a publicly accessible area, that could be used as evidence of his or her negligence in a trip and spill case.
Lastly, a plaintiff must show that the defendant’s breach of care directly caused his or her injuries and that his or her losses are compensable in court. In order to hold a landowner liable for a slip and fall accident, a Pennsauken Township attorney would need to argue that he or she failed to keep the plaintiff safe from foreseeable harm while they were visiting the property. Our experienced legal team would be familiar with the best strategies for proving these elements.
Property owners owe different duties of care to different types of visitors. The courts separate visitors into three categories: trespassers, licensees, and invitees. Trespassers are not afforded any protection. Although, landowners are required to protect children from attractive nuisances which could pose a reasonably foreseeable risk of harm. A swimming pool is an example of an attractive nuisance which could lead to a child suffering a slip and fall injury.
Licensees are given implied permission to visit the property and can include contractors as well as social guests. Landowners must either remedy property hazards in a timely fashion or warn guests of any dangerous conditions they may encounter on the premises.
Customers and business invitees are owed the greatest duty of care from property owners, who must use reasonable care to keep their premises in a reasonably safe condition. For example, a spill at a supermarket that has not been cleaned might cause a patron to slip and fall and create civil liability for the owner. A trip and spill lawyer in Pennsauken Township could help a claimant determine which category he or she falls under in his or her case.
Consider Contacting a Pennsauken Township Slip and Fall Attorney Today
Every trip and spill case is different. There are a lot of factors and variables that could negatively impact the outcome of a claim if a plaintiff does not have legal representation.
Fortunately, a Pennsauken Township slip and fall lawyer could provide legal guidance and support throughout this process. A member of our knowledgeable team could help you develop a strategy for success and make informed decisions that lead you toward legal relief. Call today and schedule your consultation.