Shopping is one of the favorite activities for many people here in Pennsylvania. So many of our malls and towns feature unrivaled stores to go shopping for clothes, groceries, sporting goods, and other items. However, many people have had their shopping trips end prematurely due to a slip and fall accident in a store. When this happens to you, you may suffer a major injury that will require medical care and rehabilitation. It could even impair your ability to work. This is why it is necessary to have an experienced personal injury attorney bring a claim against the store where your slip and fall accident occurred. Nevertheless, there are a number of factors that will determine whether you can hold the store liable for your injuries.
What Are the Premises Liability Laws in Pennsylvania?
Premises liability laws allow invitees to hold stores liable for slip and fall injuries that occur on their premises. The concept means that the storeowner owes you a duty of care when you are on their premises. This duty of care requires them to do things like post if a floor is wet due to precipitation or cleaning. It also requires the store owner to keep things like debris from cluttering up the floor. For example, supermarkets have to keep the aisles free from boxes, which can create a tripping hazard. One of the most common causes of slip and fall accidents at grocery stores is produce like grapes that have fallen on the floor.
If the store is located at a mall, this could complicate matters. The property owner of the shopping mall may be owned by a different entity than the store. If this is the case, then you will have to determine whether your injury occurred in a specific store, or in a common area such as a hallway, parking lot or public restroom. Once you have determined the party that may be liable for your accident, you will need to prove a number of elements in order to prevail with your personal injury claim.
What Are the Elements of a Slip and Fall Claim?
In order to prove the liability of the store where the accident occurred, you will have to first show that the property owner failed to take reasonable steps to keep the premises safe. This is what is meant by negligence. This might be a failure to post a wet floor sign. It could also mean leaving merchandise like clothing or hangers on the floor of a department store. Any of these items can create a tripping hazard.
Next, you will need to prove that the hazardous condition caused you to slip and fall. This is what is known as proximate causation. So, if you are claiming you slipped on a wet floor, you will need to show that you were walking in a wet floor area that did not have an adequate warning sign posted.
Finally, you will need to show that you suffered injuries that were caused by the store’s negligence. This will come down to a physical examination of your personal injuries, including a report from the medical professional who treated you. It is crucial to seek immediate medical care if you slip and fall inside of a store. This person will be able to document all of your injuries. It will also make it difficult for the store to claim that your injured occurred in a subsequent accident. This will also be necessary to address the issue of any pre-existing conditions. Keep in mind that you can get compensation for a slip and fall accident that exacerbates a pre-existing condition. Damages can also include a number of other things, such as lost wages, pain and suffering, and emotional distress.
How Can I Collect?
Slip and fall claims in Pennsylvania have a two-year statute of limitation. This begins to run from the date that you are injured. This is why you need to work quickly with your personal injury attorney on your case. Most stores and shopping malls carry liability insurance, so the sooner you notify the store owner of your injury, the quicker he or she can file a claim with their insurance company.
Our Attorneys Can Help You if You Get Injured in a Slip and Fall Accident in a Store
Slip and fall accidents can cause severe injuries. If you need compensation from the store where you were hurt, call The Cassidy Law Firm today. Our team of experienced personal injury attorneys can help hold the store responsible so you can get compensated for your injuries.