Philadelphia Slip and Fall Attorney discusses Comparative Negligence
Determining who is at fault for a Slip and Fall Accident can be complicated. There is always the potential problem of shared responsibility and of locating the responsible party. A personal injury lawyer will need to conduct an in-depth investigation into responsibility for Slip and Fall Injuries to determine fault or partial fault of each party involved.
If someone is injured due to a slip and fall incident at an affair held in a rented location, there could be many possible responsible parties. The injured person may have wandered into a dangerous area or acted in an irresponsible manner, thus becoming partly responsible for their subsequent injury from a fall. If the party who rented the property did not conduct proper inspections and mark off any potential dangers to guests, they could be held responsible, as could the owner of the facility. Another case would occur if a shopper falls down and is injured in a grocery produce aisle. Perhaps a loose grape or other object lands in the aisle and a passing shopper slips and falls down, causing injury to their limbs. The store would most likely be held responsible, but some fault could pass along to the worker whose job it is to maintain clean aisles or stock produce so it does not roll off into the aisles. The shopper may have disregarded warning signs about a slippery or wet floor. They may also bear some responsibility for their injury from falling.
Who is Responsible?
The main responsibility for keeping areas safe for workers and guests lies with property owners. In a situation where a property is rented, under construction or used by others this responsibility remains, although the renters may also be held accountable for injuries incurred on that property. If there are any hazards, they must be clearly marked. Negligent behavior can be charged if this is ignored or done improperly. Negligence is an important part of a slip and fall case; the personal injury attorney needs to prove there was negligent behavior by the responsible parties. Some responsibility lies with the visitor or worker, especially in known hazardous areas like a construction zone. Use of proper safety equipment is required to avoid a charge of negligence, and all precautions should be taken to eliminate any foreseeable hazardous conditions.
Partial Fault – Comparative Negligence
Many people are involved in accidents in which they are at least partially negligent. In these cases, victims often feel like they shouldn’t file a personal injury claim, since the other person was not entirely at fault. However, if a person is not primarily responsible for the accident, they may still be able to receive compensation.
In all personal injury cases, it’s very important to be able to show negligence on the part of another, to demonstrate that the accident was primarily their responsibility. Pennsylvania recognizes comparative negligence which means you and your Philadelphia Injury Lawyer must prove the other driver was at least 51% responsible for your accident and resulting injuries. A good Philadelphia Slip and Fall Attorney will be able to help you demonstrate that while you may bear some amount of fault for the accident, the other party is still the guilty party.
Even in accident cases that seem relatively straight-forward, there are always legal complexities that must be addressed and require the expertise of a lawyer familiar with Pennsylvania negligence laws and how to prove negligence in court. Having the expertise of an experienced Philadelphia Slip and Fall Attorney on your side is critical in ensuring your best interests are looked after throughout your personal injury claim.
Philadelphia Jury Awards $2.38 Million in Slip and Fall Construction Accident even though Plaintiff was partiall at fault
A Construction Accident injury case decided by a Philadelphia jury illustrates the legal principal of Comparative Negligence. In the case of Bell v. Lafayette College, a roofer fell off a ladder while working in the rain at Lafayette College. He fractured his heel and shoulder and claimed he could not return to work. The Philadelphia jury awarded a $2.38 million dollar verdict. David Beil, 47, sued the college and two contractors, Telesis Construction and Masonry Preservation. The contractors settled during trial for $900,000 each. Beil asserted at trial that despite wet and muddy conditions due to rain, Lafayette College prohibited him and other construction workers from using an indoor stairway to the roof, which would have been much safer to access the roof. Instead the construction worker used a ladder. The defense attorney for the college argued that it was Beil’s own fault for deciding to climb a wet and muddy ladder in the rain without permission. The Philadelphia County jury on Oct. 27, 2006 found that Telesis was 50% liable, Lafayette College was 35% liable, Masonry was 10% liable and Beil was 5% liable. It awarded $6.8 million. Because the college was 35% liable, Beil was awarded $2.38 million of the $6.8 million dollar verdict.
This illustrates the legal concept of Comparative Negligence in a personal injury case, which is one of the main questions to answer in any Slip and Fall Accident. Under Pennsylvania and New Jersey law, you may still recover damages if you are partially at fault, unless a judge or jury finds you to be more than 50% responsible for your own injury. In other words, if you were found to be 40% at fault, and the property owner was found to be 60% at fault, you can recover damages for your slip and fall equal to 60% of the amount awarded by the jury. This is known as “comparative negligence”. There is no formula for arriving at a precise number for a person’s comparative negligence. You need an experienced slip and fall lawyer to negotiate for your settlement with an insurance adjuster or possibly argue your case to a jury at trial to discuss all of the factors that might have caused the accident.
Philadelphia Injury Lawyer
Philadelphia Slip and Fall Attorney
Fox Law, headed by AV® Preeminent™ rated trial lawyer John Fox takes pride in the Personal Attention he gives his client. If you have suffered a slip and fall injury, call Philadelphia Slip and Fall Attorney John Fox and let his 25 years of trial experience work for you.
Philadelphia Slip and Fall Attorney John Fox
welcomes you to contact him for a prompt and free consultation regarding your case. In your consultation, your case will be discussed and the facts will be reviewed. From this FREE CONSULTATION, your case will be evaluated. If Fox Law accepts your case, it will be handled on a Contingency Basis, which means you pay nothing. Fox Law carries all of the costs and assumes all of the risks when we accept your Personal Injury case.
No case is too big or too small for an evaluation. Philadelphia Slip and Fall Attorney John Fox welcomes the opportunity to represent you. FOX LAW is conveniently located at Two Logan Square in Center City Philadelphia, serving Philadelphia County, Delaware County, Montgomery County, Bucks County, Chester County, and Lehigh County. For your convenience, Philadelphia Slip and Fall Attorney John Fox makes house calls when necessary. Philadelphia Slip and Fall Attorney John Fox invites you to contact him today for a FREE CONSULTATION regarding your personal injury case.
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Philadelphia, Pennsylvania 19103
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