The Philadelphia Area’s Trusted Slip and Fall Attorney 

If you’ve been injured in a slip and fall accident, you may be feeling overwhelmed and unsure about what steps to take next. One of the key questions you’ll need answered is how fault is determined in your case. At Louis B. Himmelstein & Associates, we specialize in helping individuals navigate the complexities of personal injury claims, including those arising from slip and fall incidents. Understanding how fault is determined can significantly impact the outcome of your case and your ability to receive compensation for your injuries.

Understanding Slip and Fall Accidents

Slip and fall cases fall under the category of premises liability claims. These claims are based on incidents that occur due to unsafe or defective conditions on someone else’s property. Determining fault in these cases involves several key elements:

  1. Establishing the Presence of a Hazardous Condition Fault begins with identifying a hazardous condition on the property that caused the accident. This could be anything from a wet floor without a sign, uneven flooring, poorly lit areas, or ice that was not properly removed. The key is proving that a dangerous condition existed and that it was the direct cause of the accident.
  2. Proving that the Property Owner Knew or Should Have Known About the Hazard To establish liability, it must be shown that the property owner knew or reasonably should have known about the hazardous condition and failed to correct it. This can be proven by showing that the hazard existed for a length of time sufficient enough that the owner should have discovered and remedied it before the accident occurred.
  3. Showing Negligence on the Part of the Property Owner Demonstrating that the property owner was negligent in maintaining the property is crucial. Negligence might be shown by the owner’s failure to conduct regular inspections, make necessary repairs, or provide warnings about potential dangers. The owner’s actions (or inactions) are compared to what a reasonable person would have done under similar circumstances.
  4. Comparative Negligence Might be Considered In many jurisdictions, the concept of comparative negligence might also come into play. This means that if you, as the injured party, are found to be partially at fault for the incident (e.g., not paying attention to where you were walking), your compensation might be reduced by your percentage of fault.

Collecting Evidence

Gathering evidence is critical in proving fault in a slip and fall accident. This might include:

Why You Need a Personal Injury Attorney

Navigating a slip and fall case can be challenging, particularly when it comes to proving fault. This is where having an experienced personal injury attorney becomes invaluable. At Louis B. Himmelstein & Associates, we have the expertise and resources to thoroughly investigate your case, gather necessary evidence, and advocate on your behalf. Our goal is to ensure that you are fairly compensated for your injuries and losses.

Contact Our Philadelphia Slip and Fall Attorney Today

If you or a loved one has been injured in a slip and fall accident, don’t hesitate to contact Louis B. Himmelstein & Associates for a free consultation today. Understanding your rights and how fault is determined can be complex, but you don’t have to go through it alone. Let us help you achieve the best possible outcome for your case.