How to Prove Negligence (Part Two)
Serious injuries, like fractures or head injuries are common in fall down accidents such as, slip and fall or trip and fall accidents. These kinds of accidents are on the rise and can happen anywhere, like businesses such as shopping malls or retail stores, grocery stores, restaurants, and more. They are also very common in the workplace, at construction sites, on loading docks, etc.
In slip and fall or trip and fall cases in Pennsylvania, the plaintiff must prove the following:
1. the owner owed them a duty,
2. the owner breached that duty, by committing some act of negligence,
3. the act of negligence caused the accident, and
4. they suffered damages.
This article will discuss how to prove the third element. To read more about the first element in Philadelphia, PA slip and fall cases, click here to read our article: Philadelphia Slip and Fall Lawsuits-What You Have to Prove to Win.
How to Prove that a Pennsylvania Property Owner was Negligent
In general, to prove that a property owner was negligent, the plaintiff in a slip and fall or trip and fall case will have to prove that the property owner:
- created the dangerous condition,
- knew about the condition, but unreasonably failed to warn or failed to correct it, or
- unreasonably failed to detect the danger.
The strength of a slip and fall or trip and fall case in Pennsylvania will depend on evidence such as an incident report, surveillance/video footage, witnesses or prior complaints about the defect. For the lawyer prosecuting these cases, the main areas of attack in a deposition of the property owner are:
- floor material, like high traction floor coverings for areas prone to water or food spills,
- use of proper cleaning solutions,
- written protocol for floor maintenance,
- floor cleaning schedule (daily, weekly, monthly),
- proper training of staff on floor cleaning protocol, and
- documentation and proof of all of the above.
Many people injured in slip and fall or trip and fall accidents don’t realize that the potentially liable parties often include parties other than the immediate property owner. For example, a property management company, snow and ice removal contractor or cleaning company may be liable for the defect or hazard which caused the injury. Proper and thorough investigation is crucial in these cases to ensure maximum recovery.
To submit your case for review by our Philadelphia, Pennsylvania slip and fall lawyers, call Click To Call. Our lawyers are available for a free, no obligation legal consultation.
**This website does not provide legal advice. Every case is unique and it is crucial to get a qualified, expert legal opinion prior to making any decisions about your case. See the full disclaimer at the bottom of this page.
Our slip and fall accident attorneys serve accident victims in the following areas: Allegheny County, PA; Berks County, PA; Bucks County, PA; Chester County, PA; Delaware County, PA; Lehigh County, PA; Montgomery County, PA; Northampton County, PA: Philadelphia County, PA; Atlantic County, NJ; Burlington County, NJ; Camden County, NJ; Cumberland County, NJ; Gloucester County, NJ; Salem County, NJ; New Castle County, DE; Kent County, DE; Atlantic City, NJ; Philadelphia, PA; Pittsburgh, PA; Newark, NJ; Doylestown, PA; Media, PA; West Chester, PA; Norristown, PA; Camden, NJ; Wilmington, DE; Newark, DE; Georgetown, DE; and New Castle, DE.