The Law Firm of Leisawitz Heller

Damages may be obtainable after slip-and-fall accidents

Many personal injury cases stem from car and truck accidents. Given the speed and mass of the average vehicle, this is not surprising. Although car accidents are a steady source of personal injuries in Berks County, another source are so-called slip-and-fall accidents.

A slip-and-fall case falls under the legal category of premises liability. Plaintiffs try to make the case that the property owner or operator was negligent in its maintenance of the property. Take the case of a person who is injured after slipping on a wet floor in a store. That person may allege that the business owner was negligent by not cleaning up the water or putting up a warning sign. The business owner has a legal duty to take reasonable steps to prevent customers from suffering injury from dangerous conditions. If the business owner could have taken reasonable steps to prevent a slip and fall injury, they might be found liable in a premises liability case.

Although business owners and others have a legal duty to curtail dangerous conditions on their property, customers, guests and other visitors have a duty to avoid obvious hazards. If a plaintiff is found to have been injured because of their own carelessness, they probably will not recover damages, or at least will not recover for all of the damages suffered.

Another requirement for a successful slip-and-fall case is the foreseeability that the danger could cause the kind of injury suffered. It is obvious that a wet hardwood or stone floor could be dangerous due to the potential for someone to slip on it. A plaintiff might not recover if the injury in question was a lot less foreseeable from the alleged danger.

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