Many people assume that if they suffer a slip and fall accident in Pennsylvania, they either have no case or that the law automatically favors the property owner. In reality, there are many misconceptions surrounding slip and fall claims and premises liability cases.
At Sklarosky Law, we regularly speak with individuals throughout Luzerne County, including Wilkes-Barre, Hazleton, Pittston, and Kingston, who are unsure whether they have a valid injury claim.
Myth #1: You Do Not Need to See a Doctor After a Slip and Fall
One of the biggest mistakes people make after a slip and fall accident is failing to seek medical treatment.
Seeking prompt medical treatment is important because it:
- Protects your health;
- Creates medical documentation of your injuries; and
- Helps establish a connection between the accident and your injuries.
Insurance companies frequently scrutinize delays in treatment when evaluating a Pennsylvania slip and fall claim.
Myth #2: You Cannot Recover Compensation If You Were Partially at Fault
Fortunately, Pennsylvania follows a Modified Comparative Negligence system.
Under Pennsylvania law, an injured person may still recover compensation as long as they are not more than 50% responsible for the accident.
Many successful personal injury claims involve situations where both parties share some degree of fault.
Myth #3: You Can Only Sue a Private Property Owner
Another common misconception is that slip and fall lawsuits can only be filed against private businesses or homeowners.
In some circumstances, claims may also be brought against government entities responsible for maintaining public property. These cases often involve unique issues related to governmental immunity and strict notice requirements.
Myth #4: The Property Owner Is Automatically Responsible
To succeed in a premises liability claim, an injured person generally must prove:
- A dangerous condition existed;
- The property owner knew or should have known about the condition; and
- The dangerous condition caused the injuries.
Simply falling on someone else's property does not automatically create liability.
Contact a Luzerne County Slip and Fall Lawyer
If you were injured in a slip and fall accident in Luzerne County, you may be entitled to compensation for:
- Medical expenses;
- Lost wages;
- Pain and suffering; and
- Other damages.
At Sklarosky Law, we help injury victims throughout Luzerne County and Northeastern Pennsylvania pursue the compensation they deserve, we offer free consultations and handle injury cases on a contingent fee basis, meaning you pay nothing unless we recover compensation for you.
Call (570) 283-1200 or use our online contact form to schedule a free consultation.
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