A trip and fall can happen anytime. Trips and falls may cause severe injury, disfigurement, and even death. People often think of a trip and fall as insignificant, inconsequential, and trivial, but they are some of the most serious accidents you can suffer. With little warning, victims usually do not have time to brace themselves or catch their fall, which often results in severe injuries.

If you or a loved one recently suffered a trip and fall, you should consult a trip and fall lawyer in Broomall to discuss your legal options. Trips and falls or slips and falls are among the most common premise liability claims. 

What Is a Trip and Fall Claim?

A trip and fall, like its sister slip and fall, occurs when someone injures themselves on someone else’s property due to hazardous conditions such as spilled debris, uneven pavement or sidewalks, broken flooring, or frayed carpet. 

Pennsylvania law requires property owners, managers, or anyone controlling the property to maintain reasonably safe conditions for visitors. Failure to do so can result in legal liability in a negligence claim. 

Like most personal injury cases, proving a trip and fall case rests on whether the plaintiff— in this instance, the fall victim—can prove negligence. Generally, you must prove that the property owner knew about the hazardous condition and failed to remedy it promptly. As the plaintiff, you must prove four essential elements.

Duty

First and foremost, you must establish the defendant owed you a duty of care. In other words, they had a duty to keep you safe from danger while on their property. The level of care they owe you will depend primarily on whether you had permission to be on the premises and what type of visitor you are. Under the law, there are three types of visitor classifications:

• Invitee. Invitees are owed the highest duty of care as they are not only expected to be on the property but welcomed guests to the property, such as, a grocery store customer. 
• Licensee. A licensee is owed a significant duty of care but less than an invitee. A licensee is permitted onto the premises for a specific purpose, such as a dinner guest or someone who goes into a grocery store to use the restroom.
• Trespasser. Most people generally understand that a trespasser is not permitted on the property and is owed a minor duty of care. Typically, property owners are only required to avoid malicious or willful conduct, such as setting a booby trap or some significant danger. 

Our Broomall trip and fall lawyer can help you identify which classification you are.

Breach of Duty

Once you have established the appropriate duty of care, you must show the defendant failed to uphold that duty. Generally, a plaintiff may show the defendant failed to maintain their property and keep it reasonably free from dangers.

Causation

Next, you must prove the defendant’s breach caused your trip and fall, which led to your injuries. In other words, their breach directly caused your injuries. 

Damages

Last, as the plaintiff, you must show that you suffered damages due to the defendant’s negligence. It is not enough to simply say you tripped and fell, and now the defendant owes you compensation. You must establish that your injuries led to financial losses such as medical bills or lost wages. 

Proving property owner negligence might sound easy, but it can be challenging, especially if the hazard was only present for a short time or the defendant is a large corporation with deep pockets. A trip and fall attorney in Broomall can help you prove the property owner was negligent in the care and maintenance of their property, causing your accident. 

What to Do After a Trip and Fall

You might feel embarrassed, hurt, and scared in those moments after you trip and fall. The entire situation can feel overwhelming. Knowing what steps you can take can help ease your anxiety and worry. 

Seek Medical Help

Even if you do not require emergency medical attention (e.g., ambulance or emergency room visit), you should always see a doctor. Often, injuries do not immediately appear or are masked by your adrenaline and shock. Whether you go to the emergency room, your primary care physician, or an urgent care facility, it is imperative to be evaluated and treated. The evaluation also serves as an opportunity to document your injuries.

It is equally important to follow the medical advice of your doctors. 

Document What You Can

If you are physically able, you should document what you can at the scene. The documentation does not have to be elaborate or require any special skills. Snapping photos of the scene and your injuries with your phone can be tremendously helpful. It is also a good idea to take note of any video surveillance so you can request copies of the footage later. 

Report the Accident

Whether your accident requires a police report or not, you should always be sure to report the incident to the property owner or manager. It is essential to put them on notice of what transpired. 

Contact a Trip and Fall Lawyer in Broomall

Even if you are still deciding to pursue a legal claim, you should consult with an experienced trip and fall attorney to preserve your rights. You may not initially think you are severely injured or will incur significant damages but may find out otherwise later. Typically, you only have two years from your trip and fall accident to bring a civil lawsuit for damages. There are also important exceptions to this rule that can substantially shorten the time you have to file your claim. We can guide you on your specific circumstances.

Common Causes of Trips and Falls

There are infinite causes of trip and fall accidents. However, there are a handful of causes that we repeatedly see. While it is possible to trip over a displaced box on a grocery store floor, the hazard is often less obvious. 

Common causes include:

• Uneven flooring, sidewalk, or pavement,
• Unsecured carpet,
• Fallen bricks or debris from a construction site, 
• Spilled rocks or gravel,
• Uncleaned clutter,
• Unsecured wires.
• Poorly lit stairs,
• Uncleaned ice or snow, and
• Lack of warning of a hazard

Remember, this list is not exhaustive; it is possible to trip and fall over almost any hazard. A trip and fall lawyer in Broomall can assist you in assessing whether you have a valid legal claim. 

Typical Trip and Fall Injuries

Just as there are infinite possible causes of a trip and fall, there are just as many potential injuries. Some injuries can be minor and temporary, resulting in a full recovery, while others can be severe, life-altering, and permanent. 

Common injuries can include:

• Scrapes and lacerations,
• Bumps and bruises,
• Concussions,
• Other traumatic brain injuries,
• Neck and back injuries,
• Spinal cord damage,
• Hip fractures,
• Compound fractures,
• Wrist or ankle sprains and
• Chronic pain.

No matter the type or severity of your injury, you may be entitled to compensation. Our Broomall trip and fall lawyers are always available to discuss your options.

Trip and Fall Lawyer, Broomall, PA

Trip and fall accidents can be complex, especially if it is unclear who is responsible. At Rosen Justice Injury Lawyers, we have been named to the National Trial Lawyers List of the Top 40 Under 40. We believe in fighting for the underdog and will help you and your family seek the justice you deserve. Contact us today for a no-cost consultation.