Establishing Duty of Care
The first element you need to prove in a slip and fall case is the existence of a duty of care. Property owners in Pennsylvania have a responsibility to maintain their premises in a reasonably safe condition. This means they are expected to regularly inspect their property and fix any hazards that could pose a danger to others. Whether you were on public property or a private residence, the owner or manager has a duty to ensure that visitors are safe. The specific level of care owed to you depends on your legal status on the property. There are different types of visitors, such as invitees, licensees, and trespassers, and each is treated differently under the law. Invitees are people who are invited onto the property for business purposes, such as customers at a store. Licensees are social guests who visit for non-business purposes. Trespassers are individuals who enter a property without permission. The duty of care is highest for invitees and lowest for trespassers, so it’s essential to determine what kind of visitor you were at the time of the fall. Once you have established that the property owner had a duty to keep you safe, the next step is to demonstrate that they failed to meet this duty.Proving a Breach of Duty
After establishing that the property owner owed you a duty of care, you must show that they breached this duty. A breach of duty occurs when a property owner does not take reasonable steps to keep their premises safe. For example, if there was a spill on the floor that had been there for a long time and the property owner did nothing to clean it up or warn visitors, this could be considered a breach of duty.“Highly Recommended” is the epitome of an understatement when it comes to the firm of McDonald At Law!! Michael McDonald’s genuine pleasant, and empathetic demeanor masks his legal astuteness, and the level of aggressiveness he implements in pursuit of a victim’s right and the monetary compensation legally entitled to us. I was involved in a motor vehicle accident at the hands of an intoxicated driver in York County. In my case I suffered what I described as an atypical injury, Mr. McDonald offered to be my Lawyer immediately after explaining to him the events leading to and after being struck in turn causing me to have a heart attack, when another law firm seemed hesitant. McDonald At Law secured a sizable monetary compensation that not only met my expectation but exceeded it. Mr. McDonald’s wealth of experience, and legal prowess is priceless and never did he act as the case was beneath his practice. In the end my family and I were well compensated, but also felt justified. Thank you McDonald At Law!!
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Showing Causation
Once you have proven that the property owner breached their duty, you must also show that this breach directly caused your injuries. This is known as proving causation. It is not enough to show that there was a hazard on the property. You must demonstrate that the hazard was the direct cause of your slip and fall and that your injuries resulted from the fall. To establish causation, you will need to provide evidence that directly links the hazardous condition to your accident. For instance, if you slipped on a wet floor, you would need to show that the floor was indeed wet and that this caused your fall. Medical records, photos of the accident scene, and witness testimony can all help prove that the dangerous condition caused your injury. It’s also important to establish that your injuries were caused by the slip and fall accident and not a pre-existing condition. The property owner may argue that your injuries were not related to the fall, so having medical documentation that shows the connection between the accident and your injuries will be critical to your case.Related Videos
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