Philadelphia Slip And Fall Lawyer Discusses Slip-and-Falls in Philadelphia parks: When may the city be liable?

Walking through one of Philadelphia’s many public parks, you slip on the concrete path. Falling and injuring yourself means that medical treatment, bills, and time away from work are all possible. Is there a way to prepare yourself for this type of event? What can you do to help ensure yourself the best possible opportunity to recover maximum compensation for your damages? Anthony C. Gagliano, III, Esquire, P.C., is a Philadelphia slip and fall lawyer who knows how to help people injured in slip and falls on public property. 

Filing a Claim Against the City of Philadelphia

Filing a slip and fall injury claim against the insurer for the city of Philadelphia is a complicated matter, however. You must know the basic mechanics of filing an injury claim and understandably presenting damages. Additionally, you need to be aware of the timeline for doing regarding a governmental entity- namely, the city of Philadelphia. Being unaware of the small details related to either of these subjects could leave you injured with no place to turn for recovering damages. 

This is where working with experienced Philadelphia slip and fall lawyer Anthony C. Gagliano, III, Esquire, P.C., helps significantly. Our team of legal professionals understands how daunting it can seem to take on the city of Philadelphia in a slip and fall case. We acknowledge those challenges and then meet them head-on for our clients. We work hard to fight for the rights of injured Philadelphia residents every day. Contact our office today for a free consultation. 

Examine The Circumstances Of Your Slip And Fall

Your ability to file a claim against the city of Philadelphia for a slip and fall depends upon the circumstances that led to your injuries. Additionally, the steps you took after the slip and fall to pursue damages will also impact whether you are able to file a claim successfully. If you were injured after a slip and fall accident but have no recollection of the events immediately after the event, then you are at a serious disadvantage. In that case, consider contacting Anthony C. Gagliano, III, Esquire, P.C. to find out your legal options. 

Premises liability law becomes a major factor that you must understand to move forward with a claim against the city of Philadelphia. Serious injuries suffered in a slip and fall accident require experience and knowledge on the specific subjects that you have questions about. General information about slip and fall accidents will not help you achieve the goals that you have. Anthony C. Gagliano, III, Esquire, P.C. understands slip and fall accidents, premises liability cases, and how to successfully file a claim against the city of Philadelphia. 

Is There A Deadline To File A Claim Against The City Of Philadelphia?

Providing the city of Philadelphia with notice of your claim is required in order to proceed. Within six months after having been injured in a slip and fall, you must provide the city with notice in writing. From there, you and the city have up to two years after the slip and fall to settle your claim. If a claim is not settled within two years, a lawsuit must be filed, or you risk not being able to pursue damages moving forward. The reason is that a two-year statute of limitations applies to slip and fall cases that result in injuries. 

The time limit to pursue a slip and fall claim against the city of Philadelphia means that you must develop a strategy early in the process. Going about filing a claim and notifying the city incorrectly can mean lengthy delays and the possibility of losing your ability to recover compensation forever. Shouldering the burden of these responsibilities by yourself is difficult, especially considering that you are attempting to recover from the injuries sustained in the slip and fall. 

Conducting a thorough investigation into the circumstances of your slip and fall may be step one of this process. Next, collecting medical evidence and bills is necessary to show the nature of your injuries and the costs you have borne to receive the care you needed to begin the recovery process. Finally, identifying an amount of money to ask the city for, sufficient to pay for medical expenses, lost wages, and pain and suffering, is both challenging and time-consuming. 

Contact Anthony C. Gagliano, III, Esquire, P.C., to learn how we can serve you and fight for your rights in difficult circumstances against the city of Philadelphia. 

Is The City Of Philadelphia Protected Against Slip And Fall Injury Claims?

Not only must you provide the city of Philadelphia with sufficient notice of your slip and fall claim, but you must also contend with an added protection against damages. Filing an injury claim against the city of Philadelphia means proving that the city is at fault for your injuries and that your injury meets an exception to the governmental immunity afforded to Pennsylvania governmental entities. 

Examining the circumstances that led to your slip and fall at the park will determine whether you will have success in filing an injury claim. When a slip and fall occurs due to a defect or unsafe condition related to a sidewalk, street, or city-owned property, then it is likely that your slip and fall will be able to move forward with an injury claim. In other words, seeking damages for your medical bills, lost wages, and pain and suffering has a chance at success. 

A key part of this discussion is determining the extent to which the city of Philadelphia was aware of the dangerous condition that led to your injuries. Did the city have actual or constructive notice of the hazard? On top of that, you must be able to show that the city of Philadelphia had sufficient opportunity to address and fix the condition prior to your slip and fall. 

Challenges In Proving The City Of Philadelphia Had Sufficient Time To Fix A Defect Or Hazard

As the injured party, it is your burden to try to prove that the city of Philadelphia had sufficient time to fix the issue that led to your injuries. Actual notice of the slick sidewalk, wet floor, or other hazard means that you have proven that the city was officially notified of the issue. Constructive notice is slightly more complicated, but it essentially means that even if the city did not have actual knowledge of the issue, the circumstances were such that it should have been aware. For example, if a wet sidewalk had caused other people to fall, the local news channel had reported on it, and pedestrians were handing out homemade flyers to warn joggers of the issue, then it is likely that constructive notice could be established. 

Next, you must also prove that the city had sufficient time to fix the hazardous condition that injured you. An email to the parks and recreation department manager two hours before you slipped and fell probably does not constitute sufficient notice on the part of the city. On the other hand, if the city had months to fix the known issue with the sprinkler that caused water to constantly create a dangerous puddle at the bottom of an outdoor staircase, then that probably does count as sufficient time to remedy the situation. 

Who Else Besides The City Of Philadelphia May Be At Fault For Your Injuries? 

In addition to the city of Philadelphia, you must also be prepared to pursue a claim against any party that may also be responsible for your injuries. This includes a thirty-party contractor working on city property on behalf of the city itself. Third-party businesses are frequently hired by the city of Philadelphia to clean, repair, and maintain property owned by the city, especially parks and other recreational areas. 

When you are injured due to a hazardous condition caused by a third party, it is essential for you to identify that party as soon as possible. Doing so allows you to pursue a claim against them at the same time as the city of Philadelphia. If you are not able to learn who that responsible third party is until later in the case, you may be forced to try and join them in a lawsuit at a later date. This may result in you losing time to negotiate with them for a possible settlement. 

Contact Philadelphia Slip And Fall Lawyer Anthony C. Gagliano, Iii, Esquire, P.C. For A Free Consultation

There are a number of hurdles that you must jump over to file a claim or an eventual lawsuit against the city of Philadelphia. Rather than try to overcome these challenges on your own, you are better off working alongside an experienced lawyer who fights on behalf of injured people. A Philadelphia slip and fall lawyer from Anthony C. Gagliano, III, Esquire, P.C., is in a league of his own when it comes to pursuing maximum compensation on behalf of injured clients. A free consultation with our office is yours by contacting us today.