Recently, a man filed a lawsuit after claiming that he tripped and fell over a raised electrical outlet in a medical marijuana retail shop. The man claims that he tripped and suffered a torn rotator cuff, sprains and strains, and injuries to his hand and arm. He is also claiming that the incident has caused him serious psychological trauma, and that he has incurred high medical bills.
The story shows just how common slips, trips, and falls are in Pennsylvania, and the serious injuries they cause. When filing a claim though, plaintiffs have to prove their case, and doing so is not easy. Our Philadelphia slip and fall lawyer explains below what you have to prove, and the important evidence that can help with your case.
Proving a Slip and Fall Claim
Slip and fall claims, like the majority of personal injury claims, require you to prove the property owner was negligent. Negligence is a legal concept that refers to any time another party acts or fails to act with reasonable care to keep others safe. Businesses such as the one in the most recent story have the highest duty of care to keep visitors on their property safe and when they fail to do so, they can be held liable. To claim full damages, you must prove one of the following situations existed:
- The business owner, or one of their employees, caused the dangerous condition,
- The business owner, or one of their employees, was aware of the dangerous condition and did not fix it or warn visitors, or
- The business owner, or one of their employees, should have known about the dangerous condition because another reasonable person would have corrected it
Each case is different and if the case goes to trial, a judge or jury will focus mainly on what a reasonable person would have done in the same situation.
Important Evidence in Slip and Fall Claims
You will need strong evidence to prove a property owner was negligent. The strongest evidence shows the dangerous condition that caused the slip and fall. This can include video surveillance footage from within the business, eyewitness statements, and photos taken at the scene.
Medical evidence is also very important when proving your claim for damages. You will have to show the total losses you incurred as a result of the slip and fall, and medical bills and invoices make up a large portion of those. Collect documents that show how much you have already paid in medical expenses, and how much you will incur in the future. If a doctor can testify to your prognosis and how your quality of life will be impacted, that is also helpful medical evidence.
Our Slip and Fall Lawyers in Philadelphia Can Prove Your Claim
A slip and fall claim can help you recover your losses after an accident, but proving these claims is not easy. At van der Veen, Hartshorn, Levin & Lindheim, our Philadelphia trip and fall lawyers will collect the evidence necessary for your case and prove every element of your claim so you obtain the full damages you deserve. Call us today at 215-515-6892 or contact us online to schedule a consultation and to learn more about your legal options.
Resource:
pennrecord.com/stories/609160210-man-sues-medical-marijuana-store-blames-it-for-trip-and-fall