Seeking compensation for winter slip and fall injuries in Philadelphia is a challenging task. It becomes even more complex when suffering from harm that has left you unable to work, stressing out about increasing medical bills, and struggling to afford your daily expenses.
At Stark & Stark, we want to clarify who is responsible for winter slip and fall injuries in Philadelphia, the process for seeking compensation from liable parties, and how our Philadelphia slip and fall accident lawyers can help you recover maximum compensation for your damages and losses.
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Who Is Responsible for a Philadelphia Slip and Fall Accident in the Winter?
An experienced premises liability lawyer in Philadelphia can help you understand your legal options and who may be responsible for your accident injuries.
Typically, the following people or entities might be held liable when you slip and fall in the city during winter time:
- Property owners: In most cases, property owners have a legal obligation to maintain their premises in a reasonably safe condition, including removing snow and ice. If they fail to do so, they may be held liable for any resulting accidents.
- Maintenance or cleaning companies: Some property owners hire outside companies to handle maintenance and cleaning tasks, including snow and ice removal. These companies may be held accountable if their negligence contributed to your slip and fall accident.
- Government entities: In some cases, government entities responsible for maintaining public sidewalks and roadways may be liable for slip and fall accidents on these surfaces.
Just because these people or entities may have a legal obligation to maintain safe conditions doesn’t mean it will be easy to hold them accountable. Proving liability is challenging due to the many state laws that exist protecting property owners, including but not limited to:
- Hills and Ridges Doctrine: This legal principle applies to natural snow and ice accumulations. It states that property owners may not be liable for injuries unless the snow or ice has accumulated into ridges or elevations that make walking dangerous.
- Legal compliance: Property owners can argue that they were in compliance with local laws and ordinances regarding snow and ice removal. If the property owner can prove that they complied with these regulations, it may be challenging to hold them liable without legal assistance.
- Natural accumulation: Property owners may not be liable when snow or ice accumulates naturally on their property. However, exceptions to this rule may apply if the property owner was aware of a dangerous condition and failed to address it, or created an artificial condition that exacerbated the hazard.
- Assumption of risk: A property owner may argue that you assumed the risk of walking during the winter, and they are not liable for your injuries. This argument may be challenged if the property owner did not adequately warn of potential hazards or make efforts to mitigate them.
Navigating slip and fall claims in winter may be tough, but it is possible with the right legal guidance. Each case is unique, and understanding the legal landscape is key to pursuing a claim effectively.
You won’t know the best way to combat false narratives, insurance adjusters, and defense attorneys working against you until you contact a personal injury lawyer in Philadelphia who has extensive experience securing favorable outcomes in these cases.
What Causes Winter Slip and Fall Accidents?
Many factors contribute to winter slip and fall accidents, including but not limited to:
- Obscured Hazards: Heavy snowfall in Philadelphia often blankets sidewalks, driveways, and parking lots, making it nearly impossible to identify hidden dangers such as icy patches, cracks, or uneven surfaces.
- Hidden Ice Beneath Snow: Snow on the ground can create an illusion of stability, masking the presence of slippery ice underneath. This deceptive layer can catch individuals off guard, encouraging a false sense of security and leading to unexpected slips when the surface isn’t as solid as it appears.
- Refreezing of Melting Snow: As temperatures fluctuate, snow and ice can melt and refreeze multiple times, creating treacherous conditions. When melted snow or ice turns into frozen patches again, it can become even more challenging to navigate, increasing the likelihood of slips and falls.
- Improperly Maintained Surfaces: Property owners must follow specific snow and ice removal guidelines to keep their premises safe for the public. Failure to do so can result in hazardous conditions, contributing to slip and fall accidents.
These causes do not necessarily indemnify property owners from being held financially responsible for accident injuries. Contact a personal injury lawyer as soon as possible to learn if you have an eligible claim.
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Why Are Wintertime Slip and Fall Accidents So Dangerous?
Snow and ice have less traction and grip than dry surfaces, causing individuals to fall more violently. Moreover, the reduced stability means less reaction time, making it harder to prevent a fall once someone starts slipping.
Due to the increased force and speed of the fall, wintertime slip and fall accidents are likely to cause severe injuries, including but not limited to:
- Broken Bones: It doesn’t take much force to fracture bones, especially when falling on a hard surface like ice or concrete. Bone breaks and fractures from icy or snowy surfaces typically occur in the arms, legs, wrists, and hips.
- Head Injuries: It is common to hit your head on the ground or other objects during a slip and fall accident. The impact can cause harm, such as concussions and traumatic brain injuries, both of which can have long-term implications for an individual’s health and well-being.
- Soft Tissue Injuries: Falls on ice often result in catastrophic soft tissue injuries affecting muscles, tendons, and ligaments. These injuries can cause immense pain and limit mobility significantly, impacting an individual’s ability to work or perform daily tasks.
- Back and Spinal Cord Injuries: There is an increased risk of back and spinal cord injuries during wintertime slip and fall accidents due to the force of impact on a hard surface. These injuries can cause chronic pain, numbness, and even paralysis, drastically affecting an individual’s quality of life.
- Cuts, lacerations, and bruising: Ice is an unforgiving surface, and individuals can suffer from cuts, scrapes, and bruises when falling on it. The harder the impact, the more severe these injuries can be. These injuries can significantly affect an individual’s physical and emotional well-being.
Potential costs for these and other catastrophic accident injuries you could sustain may include:
- Emergency medical care: You may need emergency medical care at the accident scene, including ambulance transportation to a hospital. These services can range from $1,000 to $5,000+ in Philadelphia.
- ER treatment: You may need to seek further treatment at the emergency room, where you can incur anywhere from $500 to tens of thousands of dollars in expenses, depending on the severity of your injuries.
- Diagnostic tests: In addition to initial examination and treatment, ER visits may include tests such as X-rays or MRIs, which can add hundreds or thousands of dollars to your medical bills.
- Hospitalization: If your injuries are severe enough, you may need to be admitted for further monitoring and treatment. In Pennsylvania, these costs typically average $2,825 per day.
- Rehabilitation and therapy: Recovering from a wintertime slip and fall accident often involves extensive rehabilitation and therapy, which can add thousands of dollars in medical expenses.
- Lost wages: Depending on the severity of your injuries, you may be unable to work for an extended period. This loss of income can further strain your finances and make it challenging to cover necessary expenses such as rent or mortgage payments.
- Home modifications and care: Accident survivors may need to modify their homes or hire home care services to aid their recovery. Modifications can range from a few hundred dollars to over $25,000. Home health care can easily add up to $4,957+ per month.
These injuries and expenses highlight the importance of seeking comprehensive legal representation that can help you hold the responsible party financially accountable for their negligent or reckless actions.
How Much Is My Slip and Fall Accident Case Worth?
Settlements and verdicts awarded to accident survivors vary depending on:
- the severity of injuries
- the impact of accident injuries on your daily life
- the level of negligence shown by the responsible party
- the strength of evidence you have supporting your claim
- any fault or blame assigned to you for the accident
Your lawyer will work diligently to minimize any level of fault and show strong evidence that the property owner or other responsible party acted negligently. Their efforts may allow you to recover economic and non-economic damages such as:
- Medical expenses: Premises liability claims allow injured parties to recover costs for current and future medical expenses related to their accident injuries. This may include compensation for hospital stays, ER visits, surgeries, medications, and physical therapy.
- Lost wages: If you cannot work due to your injuries, you may be entitled to compensation for lost wages. Additionally, if the accident has left you unable to perform your job duties or has caused a decrease in your earning capacity, you may also be able to recover damages for future lost wages.
- Pain and suffering: Slip and fall accidents can result in physical pain, emotional distress, and mental anguish. Your lawyer can help calculate the value of these intangible losses and seek fair compensation on your behalf.
- Out-of-pocket expenses: You may have incurred other costs due to your accident, such as transportation to medical appointments or home modifications for disabilities. Your lawyer can help ensure these expenses are included in your claim.
An experienced slip and fall accident attorney can assess the specifics of your situation and explain what damages you may be eligible to recover. Without their assistance, you may run into common obstacles and challenges that diminish or deny your claim, such as:
- Low-ball settlement offers: Without the negotiation tactics experienced lawyers use, insurance companies may offer a low-ball settlement that fails to cover the full extent of your damages. A lawyer can combat this unfair practice and advocate for maximum compensation.
- Denied claims: A lack of legal knowledge and awareness of filing processes may result in your claim being denied. A lawyer knows how to file a claim properly and can help you avoid costly mistakes.
- Inadvertent admissions of fault: During the legal process, insurance adjusters may encourage you to make statements that can be used against you to assign blame or reduce the value of your claim. A lawyer can handle all communication with insurance companies and protect your rights.
Don’t let these obstacles prevent you from seeking the compensation you deserve for your slip and fall accident. Contact a reputable personal injury lawyer in Philadelphia to protect your rights.
Stark & Stark, P.C. | Trust Our Personal Injury Attorneys To Fight to Hold the Responsible Party Accountable After A Philadelphia Winter Slip and Fall Accident
You shouldn’t have to struggle to understand who is responsible for your winter slip and fall accident in Philadelphia.
Let our experienced personal injury lawyers at Stark & Stark guide you through the legal process and fight for your rights to fair compensation.
We have a long history of securing favorable results for our clients, and we are dedicated to helping you get the justice and financial recovery you deserve.
Contact us online or at 267-907-9600 for a free case evaluation to learn how we can help you get back on your feet after a winter slip and fall accident in Philadelphia.
