Philadelphia Slip and Fall Lawyer

Slip and fall accidents are among the most common personal injury accidents in Philadelphia. They can happen inside or outside, on a homeowner’s property, a public street or sidewalk owned by a municipality, or on a property owned by a business or other organization.

A person can slip and fall for any number of reasons:

• A surface in disrepair, such as tears or bulges in carpeting, crumbling or uneven sidewalks, wood floors with loose boards, steps with decaying cement
• Poor lighting, lack of handrails or stair rails, poorly designed or installed rails
• Badly constructed floors, sidewalks, or other surfaces
• Debris or other items on a surface or in a pathway
• Recent floor cleaning or waxing that caused a slippery surface
• Uncleared ice or snow; most municipalities have laws regarding how quickly proprietors must clear walks and other property
• Loose wires or cables in the pathway
• Lack of warning signs near the hazardous surface
• Rough patches or holes in the ground
• Unprotected ditches or other ground abnormalities
• Unknown drip onto a floor, causing a wet surface
• Defective stairs, such as loose risers or steps, uneven heights, rickety boards
• Drainage grates or exposed pipes in the ground

Of course, there are many other ways a person can slip and fall, causing severe injury in many cases.

Responsibility for Slip and Fall Accidents

Every person has the responsibility to be careful when walking, jogging, or running on any type of surface. Proprietors, whether the property owner, employee, occupier, or another party, also must ensure the property is in prime condition for safe use.

Every person has the right to feel safe: at someone’s home or apartment, in a store or restaurant, on an escalator, with the children at a playground, at work in an office building, even walking across a parking lot or sidewalk.

When that does not happen, and a slip and fall accident occurs, determining liability/fault is crucial for a legal claim.

A proprietor is not legally responsible for damages simply because a person slipped and fell. To be held liable, a personal injury lawyer will need to prove one of the following:

• The proprietor must have caused the dangerous surface or the item to be in the way.
• The proprietor must have known about the dangerous surface or item but did nothing about it.
• The proprietor should have known of the dangerous surface or item because a reasonable person taking care of the property would have discovered it and moved or repaired it.

What does the phrase should have known mean? There are no clear-cut guidelines, so a court will define it by considering the extent of care, called reasonableness, taken to ensure the property was safe.

Reasonableness

A negligence claim depends on whether the defendant acted reasonably. Did they make consistent and fully adequate efforts to keep the property clean and safe?

An experienced personal injury lawyer will collect and scrutinize the evidence to determine a proprietor’s reasonableness. The lawyer will analyze these and other issues:

• Cause of the dangerous surface or item
• Length of time the surface had been dangerous
• Whether the proprietor knew of the danger
• Whether the proprietor should have known of the danger
• Attempts to increase safety and eradicate the danger
• If the proprietor had procedures and a schedule in place for maintenance: examining, cleaning, and repairing the surface
• If the proprietor followed the maintenance schedule and procedures
• Whether the proprietor violated any state or federal laws, local ordinances, Occupational Safety and Health Administration (OSHA) guidelines, or other mandates concerning the property and its upkeep
• Whether a proprietor repaired a surface after a citation or legal judgment
• Whether other people have been injured on the property
• The proprietor’s general reputation across properties or in the community
• The background, experience, and knowledge of the person(s) that could be held liable for the accident: property owner, occupier, manager, or another party such as a construction or utility company doing work on the property
• In cases in which an object or debris caused a slip and fall accident, a personal injury lawyer will examine whether:
  • There was a legitimate reason for an object to be placed in its location.
  • The object could have been covered, moved to a different location, or otherwise made safe without great expense or inconvenience.
  • The object was still serving its intended purpose, for example, wires or construction debris that are not removed after project completion.
  • A barrier, warning sign, or other safety measures could have prevented a slip and fall accident.
  • There was sufficient lighting, warnings, and other safety measures in place.

Recovering Compensation in a Slip and Fall Accident in Philadelphia

A seasoned personal injury lawyer has just one goal: to help victims of a slip and fall accident recover compensation from the appropriate party. The lawyer will file a premises liability claim on behalf of a person who has slipped and fallen on private or public property. If someone dies of their slip and fall accident, the lawyer can also pursue a wrongful death claim on behalf of the loved one’s family.

In a slip and fall claim, it is the lawyer’s responsibility to build a strong enough case that clearly shows the proprietor’s negligence, whether that be a person, legal or government entity, business, or organization.

In most cases, proprietors will carry insurance on the property that protects them from financial liability if someone is injured or killed on their property. A skilled lawyer will present solid evidence to the insurance company.

Along with evidence, the lawyer will demand an amount of financial compensation that will cover past, present, and future medical costs; loss of wages; pain and suffering; and other damages related to the accident.

Insurance companies will often settle in the face of strong evidence showing their client was negligent in the slip and fall accident. They will never offer the total amount of compensation, so a skilled lawyer will doggedly pursue what is just and fair to the victim of a slip and fall accident.

Where do slip and fall accidents occur?

A Philadelphia slip and fall lawyer understands how slip and fall cases happen. Just as importantly- our office is prepared to fight to help you recover fair compensation after a slip and fall occurs. Trips on uneven pavement can result in serious injuries. So, too, can a fall in a poorly lighted supermarket parking lot. Swimming pools with faulty or corroded handle bars or an office building whose stairs have wet spots can also result in you being injured.

Slips and falls happen both on public property and on the grounds of a private residence or business. Slippery walkways in cold, winter weather means a serious injury may be just around the corner. When you find yourself facing difficult circumstances with recovery from a slip and fall injury you need help with managing your medical bills and the recovery process. Have you been injured due to a wet floor which was improperly cleaned? What about an escalator or elevator which malfunctioned while you were a passenger?

Property managers, business owners and maintenance companies can potentially all be held responsible for your injuries. However, collecting fair compensation for your personal injury claims is not easy. Anthony C. Gagliano, III, Esquire, P.C. understands how to pursue justice in your name after being injured due to a dangerous condition.

What type of injuries may be caused by a slip and fall?

The types of injuries you may suffer in a slip and fall vary tremendously. The location of your slip and fall as well as your age and health level are all relevant factors to consider. Traumatic brain injuries due to uneven or wet surface falls are an example of a catastrophic injury which may occur. Turn to Anthony C. Gagliano, III, Esquire, P.C. when you need strong, resilient legal representation.

Bruises and lacerations are not mere surface abrasions. Deep bruising can prevent you from working and cause significant discomfort when walking or even sitting. Lacerations may require stitches, bandaging and a significant amount of follow-up care to manage. The risk of infection is present when you are having to monitor a laceration which resulted from a slip and fall.

Medical expenses can begin to rise dramatically when you begin to consider injuries such as torn ligaments, broken bones and spinal cord damage. The dangerous conditions which are capable of causing these severe injuries may not, at first glance, appear to be that serious. In fact, many people do not observe the slick surface or loose floorboard which causes the injury until it is too late.

Personal injury claims based on slip and falls must be dealt with as soon as possible. Waiting to seek medical care or to file a claim with an at-fault party decreases the likelihood that you will be able to win a fair settlement. Instead of delaying justice, contact an experienced Philadelphia slip and fall lawyer today. Anthony C. Gagliano, III, Esquire, P.C. offers free of charge consultations.

Get a Consultation with a Philadelphia Slip and Fall Lawyer

To help ensure a strong claim, the victim or a loved one should contact a lawyer as soon as possible after the accident, the same day if possible. This urgency can make sure that details are fresh in the victim’s and witnesses’ minds and preserve as much evidence as possible.

During this consultation, the lawyer will ask that the victim or a loved one do the following:

• If the victim has not yet done so, they should seek immediate medical attention, even if they do not think they have been seriously hurt. Some injuries are not apparent or do not appear until later. The victim should follow any treatment orders the doctor prescribes. It is important to keep all medical records and receipts.
• The victim should report the accident in a formal written complaint to the proprietor and police. Copies of the complaint should be kept.
• Someone should take photos and video of the accident location and the victim’s injuries. Close shots should be taken to capture the exact nuances of the surface or object that caused the injury.
• The victim or a friend should talk to bystanders and other witnesses. Anyone who saw the accident should be asked to provide a statement about the conditions that caused the accident. The witnesses’ contact information should be obtained.
• The victim should keep the clothes and shoes they had on that day without washing or mending them; they could be evidence.
• It is important to maintain a file of all communications, medical records and receipts, fall-related expenses, insurance letters or phone calls, and anything else related to the accident.
• The victim should stay off social media. Anything the victim writes or pictures they post could negatively affect the claim.
• The victim should not make any statements to or accept any type of offer from the proprietor’s insurers

What can you expect from an experienced Philadelphia slip and fall lawyer?

When you are facing an intimidating slip and fall circumstance it is normal to feel overwhelmed. Where should you begin? What is the best method to obtain a fair settlement in a personal injury claim? These are the sort of questions that Anthony C. Gagliano, III, Esquire, P.C. excels at answering.

As an experienced Philadelphia slip and fall lawyer, our team of legal professionals puts forth maximum effort when it comes to obtaining the best possible outcome for your claim. When our office begins to serve you and your claim, this is what you can expect to happen.

Anthony C. Gagliano, III, Esquire, P.C. learns about you, your injuries and the goals for your personal injury claim. What happened that led to your injuries? What sort of dangerous condition was allowed to contribute to you becoming injured? Our team works tirelessly to investigate the slip and fall. By investigating the circumstances of your slip and fall without delay we increase the likelihood that all relevant evidence can be preserved.

Determining the Strengths of Your Slip and Fall Case

After the investigation into your slip and fall has completed, our team of legal advocates evaluates your personal injury claim. Signing up a client and filing a claim with the at-fault party is not what Anthony C. Gagliano, III, Esquire, P.C. does. Rather, we intend to pursue the best possible strategy to help your injuries heal and to address your damages such as medical expenses and lost wages.

Our office knows how to file a claim without delay or mistake with an at-fault insurance company. Before Anthony C. Gagliano, III, Esquire, P.C. files a claim, however, we take the time to develop a strategy geared toward accentuating the strongest aspects of your slip and fall claim.

Significant injuries, such as traumatic brain injuries, require a carefully developed claim strategy. An experienced Philadelphia slip and fall lawyer knows how to prepare the documents you need to file a personal injury claim. Any cause of action, demand for damages and detail associated with your injuries will be included in your claim. Our office leaves no stone unturned in our effort to advocate for your rights as an injured person.

Settlement or Trial? A Philadelphia Slip and Fall Lawyer Fights For You

Anthony C. Gagliano, III, Esquire, P.C. possesses the skill and fortitude to aggressively pursue justice in your name. When you are injured in a slip and fall that means your personal injury claim can end in multiple ways.

First, a settlement may be reached between you and the at-fault party. Reaching a fair settlement means assessing your injuries, determining your goals and making sure you understand your options. When accepting a settlement offer is the best choice for you, our office communicates this. Ultimately, it is your decision as to whether a settlement offer is accepted.

Otherwise, Anthony C. Gagliano, III, Esquire, P.C. stands side by side with you in a trial. A trial before a judge or jury allows you to present evidence, make legal arguments and have your injury and damage claims evaluated. Our team of experienced legal professionals provides you with advice and our unique perspective before, during and after the trial.

Speak with a Philadelphia Slip and Fall Lawyer Today

If you were hurt in a slip and fall accident, you may be able to claim damages for your medical bills, lost wages, or other fair compensation. The Philadelphia slip and fall lawyer at Anthony C. Gagliano III, P.C. can help you build a case supporting your claim that your injuries were the result of someone’s negligence. Learn more about how we can help by calling 267-861-7100 or visiting our website to set up a free consultation.

Located in Philadelphia, we serve clients in Philadelphia, Montgomery County, Delaware County, and Norristown.