Kensington Slip and Fall Attorney
Slip and fall accidents can occur anywhere, but anyone who has walked around Kensington knows that hazards unexpectedly present themselves at nearly every turn. Accidents on the Septa MFL, at storefronts, health centers, and other businesses around Kensington can result in serious injuries and even death.
Experienced Pennsylvania slip and fall injury attorneys are critical in ensuring justice and fair compensation for victims. The Kensington slip and fall attorneys at Rosen Justice Injury Lawyers have extensive experience handling various types of slip and fall cases in Philly. We thoroughly understand federal, state, and local laws impacting personal injury cases. Contact a slip and fall attorney in Westmoreland County, Pennsylvania to schedule a free initial consultation. A slip and fall injury attorney on our team can help you get the compensation you deserve.
Causes of Slip and Fall Accidents in Kensington
Philadelphia’s diverse terrain, which includes urban areas, historic districts, and various weather conditions, contributes to the frequency of slip and fall incidents. According to the National Floor Safety Institute (NFSI), these accidents account for over one million hospital emergency room visits in the United States annually. Philadelphia is no exception to this trend.
Although Kensington has experienced bursts of revitalization, there are many reasons why slips and falls are more likely to occur in this area of the city.
Many areas in Kensington suffer from neglected infrastructure, including sidewalks and streets with uneven surfaces, cracks, and potholes. These hazardous conditions increase the likelihood of slips and falls.
Lack of Snow and Ice Removal
During winter, inadequate snow and ice removal by property owners and businesses in Kensington can create treacherous walking conditions. This neglect can lead to numerous slip and fall accidents.
Poorly Maintained Properties
Kensington is known for its older buildings and properties. Negligent maintenance, including broken stairs, loose handrails, and wet or slippery floors, can contribute to accidents on these premises.
Inadequate street lighting in some parts of Kensington can contribute to poor visibility, making accidents easier, especially during nighttime.
These factors create a higher risk of slip and fall incidents in Kensington.
Liability in Slip and Fall Cases
The critical factor in slip and fall cases is whether the hazard was foreseeable. If a reasonable person could anticipate the danger and take steps to prevent it, individuals such as the property owner or occupier may be liable for any resulting injuries. This determination of liability is based on the legal concept of premises liability.
Property Owner or Occupier
Property owners or occupiers are responsible for maintaining their premises safely. This includes regularly inspecting the property, repairing hazards, and warning visitors about potential dangers. If the slip and fall occur due to a hazard the owner or occupier knew about or should have known about, they may be liable.
A visitor’s legal status on the property also matters. Visitors fall into three categories: invitees (business customers), licensees (social guests), and trespassers. The level of care owed to each type varies, with the highest duty of care owed to invitees.
Pennsylvania follows the doctrine of comparative negligence, meaning that if the injured party is found partially at fault for the slip and fall, their recovery may be reduced proportionally. However, they can still seek compensation if their share of responsibility is less than the defendant’s.
It is crucial to consult with a knowledgeable attorney in Philadelphia who can assess the specific circumstances of the slip and fall and provide guidance on liability. The outcome of each case depends on its unique facts and how they align with Pennsylvania’s premises liability laws.
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Damages After a Kensington Slip and Fall Accident
In Philadelphia, individuals who suffer injuries in slip and fall accidents may be entitled to various types of damages, depending on the specific circumstances of their case. These damages include:
- Medical expenses. Victims can seek compensation for past and future medical bills related to their injuries. This includes costs for hospitalization, surgery, medications, rehabilitation, and any necessary medical equipment.
- Lost wages. Victims may be eligible for compensation for their lost wages and potential future income if the injuries result in missed work days or reduced earning capacity.
- Pain and suffering. Compensation for the physical and emotional pain and suffering endured due to injuries may be available to victims. This category is less quantifiable and often requires expert testimony and evidence.
- Property damage. Personal property may sometimes be damaged during a slip and fall accident. Victims can seek compensation for repairing or replacing damaged items, like cell phones or other electronics.
- Disability and disfigurement. If the injuries result in long-term disabilities or disfigurement, victims may receive compensation for the impact these changes have on their quality of life.
- Loss of consortium. Spouses of slip and fall victims may be eligible for damages due to the loss of companionship, care, and support.
- Punitive damages. In rare cases involving egregious negligence or intentional harm, punitive damages may be awarded to punish the responsible party and deter future misconduct.
It’s essential to consult with an experienced slip and fall lawyer in Philadelphia to assess the specific details of your case and determine the potential damages you may be entitled to.
Who Is Responsible If I Fall on SEPTA Property in Kensington?
SEPTA has a duty to maintain its premises in a reasonably safe condition for passengers and visitors. They are responsible for regularly inspecting their facilities, platforms, vehicles, and stations to identify and address potential hazards. If a slip and fall occurs due to a hazardous condition that SEPTA knew about or should have known about and failed to address promptly, they may be liable.
Do I Have to Prove a Business Owner Had Notice of a Danger to File a Slip and Fall Lawsuit?
Proving or disproving notice of the hazard is often a critical aspect of slip and fall cases. Property owners and occupiers may present evidence demonstrating their diligent efforts in maintaining the property, conducting inspections, and promptly addressing any known hazards. The injured party and their legal representation may aim to show negligence or lack of reasonable care on the part of the property owner or occupier.
Are You Looking for the Best Slip and Fall Attorney in Kensington?
If you or someone in your family recently suffered serious injuries after a slip and fall in Kensington, it’s essential to take a few minutes to make sure you understand your rights. The slip and fall attorneys at the Kensington law firm of Rosen Justice Lawyers have extensive experience helping to connect injured clients with meaningful compensation for what they’ve been through. We take a comprehensive approach to every case we handle, ensuring we look into all potentially liable defendants and theories of liability. With over 75 years of combined experience investigating, negotiating, settling, and litigating slip and fall cases in Kensington and throughout Philadelphia, we know what it takes to handle even the toughest cases successfully. Call us today to learn more and schedule a free consultation. You can also connect with us through our online contact form.