Montgomery County Slip and Fall Lawyer
Were you hurt in a slip and fall? You may be struggling with pain, surprise medical bills, and wondering if you even have a case. Falls can happen in the blink of an eye, but the resulting injuries can affect you for months or even years. You don’t have to go through this by yourself. When you call Anthony C. Gagliano, III, Esquire, P.C., you’ll reach an actual lawyer who will assess your case, outline your options, and walk you through the next steps. We’re available anytime, day or night. And you don’t pay us unless we win!
Slip and fall accidents are among the most common personal injury accidents in Montgomery County. If you’ve been injured due to a dangerous property condition, contact a Montgomery County slip and fall lawyer today. 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.
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Serving Norristown, King of Prussia, and Lansdale
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.
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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 slip and fall 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 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.
In our experience, these are the types of questions we’re asking:
The Property Owner
- Were any state or local laws and/or ordinances violated?
- Is there a history of repairs or prior judgments and/or citations?
- What is the owner’s reputation throughout the community?
Knowledge of the Hazard
- How long was the dangerous condition present?
- Did the property owner know about the dangerous condition?
- Was the dangerous condition addressed?
Visitor Considerations
- Was there an obvious hazard?
- Was adequate warning provided?
- Was the visitor distracted (cell phone, children, etc)
- Was there poor lighting?
These factors, among others, will be considered when deciding whether a property owner was reasonable in their actions.
Types of Slip and Fall Injuries
There are countless types of slip and fall injuries. Falls can become serious very quickly, especially if they’re on hard surfaces, steps, or uneven sidewalks. Typical injuries include:
- Traumatic brain injuries, head trauma, and concussions
- Spinal cord injuries and herniated discs
- Broken bones, especially hips, wrists, and ankles
- Sprains, tears, and other soft tissue damage
- Back and neck injuries that cause chronic pain
A leading health organization notes that falls are among the leading causes of injury in America. That’s why it’s important to seek medical care promptly if you’ve been hurt, even if you think you’ll be okay. Some injuries are much worse than they initially seem.
Recovering Compensation in a Slip and Fall Accident in Montgomery County
A slip and fall lawsuit should compensate you for every way your injury affected your life. In many cases, that means significantly more than your first hospital bill. Slip and fall accidents can turn lives upside down—which is why Anthony has fought to recover millions of dollars for injured victims. One client even received a $1,000,000 settlement after serious injuries left her unable to care for herself.
Examples of compensation to which you may be entitled include:
Economic Damages
- Medical expenses (ER visits, surgeries, rehab, etc.)
- Future medical treatment
- Lost wages and earning capacity
Non-Economic Damages
- Pain and suffering
- Emotional trauma
- Loss of enjoyment
- Permanent disability/disfigurement
Insurance companies love to minimize these damages (especially non-economic losses) or point the finger of blame back at you. This is another reason Anthony begins preserving evidence early to fully document your injuries and recovery.
Call 267-861-7100 for your free consultation today. If we don’t win your case, you pay nothing.
A seasoned slip and fall 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.
Real People. Real Results.
View Our ResultsIn 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 Montgomery County 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 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, just as they do in serious motorcycle accident cases involving open fractures and traumatic brain injuries. 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, which are also common after car accidents and other events. 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.
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 slip and fall attorney today. Anthony C. Gagliano, III, Esquire, P.C. offers free of charge consultations.
Get a Consultation with a 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
Protect your claim. Call 267-861-7100 now to speak directly with Anthony. Free consultation. No fees unless we win.
What can you expect from an experienced Montgomery County 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 an injury claim? These are the sort of questions that Anthony C. Gagliano, III, Esquire, P.C. excels at answering.
As an experienced team of slip and fall lawyers, our legal professionals put 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.
When you take a fall, your mind often races. You find yourself thinking things like, “Did I do something wrong?” or “Do I actually have a case?” This doubt is precisely why we offer free consultations. Anthony will look at the facts, walk you through your legal options under Pennsylvania law, and provide you with an honest assessment—all for free with no obligation.
At larger law firms, your case may get handed off to someone who will immediately think about ways to settle your claim. Not here. Anthony works on every slip and fall case himself, beginning with a thorough investigation of your claim. He’ll review the incident report, maintenance records, security camera footage, witness statements, and more. Timing is important because property owners and their insurers will often begin building their defense from day one.
Anthony C. Gagliano, III learns about you, your injuries and the goals for your 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
Slip and fall cases often boil down to two things: how long the hazard was present and whether the property owner had a chance to rectify the situation.
Evidence is also key. Pictures, accident reports, statements from those involved (as well as any witnesses to the fall), and medical records will be crucial in helping to establish what happened and the extent of your injuries.
Anthony evaluates these factors early in the process to ensure you understand your legal options and takes appropriate steps to strengthen your case.
Settlement or Trial? Our Lawyers Fight 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 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 Montgomery County 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. A 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 Montgomery County personal injury law firm to set up a free consultation.
We serve clients in Philadelphia, Montgomery County, Delaware County, and Norristown.