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July 9, 2018

How a Shopping Trip Can End at the E.R.

Slip and Fall Attorney PA

Shopping is an important part of our everyday lives. Whether youre picking up groceries, shopping for home goods, or just checking out the mall, we all do a little shopping from time to time. Heck, some of us even enjoy it, but when a shopping trip ends at the emergency room, its a different story.

Shopping Around

No matter where youre shoppingat a local mom and pop grocery store or at a high-end department storethe business owner owes its customers a reasonably safe shopping environment. If a business fails to maintain a shopping environment thats safe enough for you to shop in without being injured, that business may be held liable under premises liability law for any injuries you sustain.

If a run-of-the-mill shopping trip ends with a trip to the ER, you need experienced legal counsel. While every premises liability case is unique to its own set of circumstances, heading out for some casual shopping shouldnt land you in the hospital. The dedicated legal team at The Levin Firm in Philadelphia has the experience, skill, and knowledge to help guide your claim toward the compensation to which youre entitled. Your claim is important, and our determined premises liability attorneys are here to help.

Slip and Fall Accidents

Slip and fall accidents are common to shopping trip accidents, and though slip and fall has a whimsical ring to it, these accidents can be extremely serious and frequently land victims in the emergency room. Slip and fall accidents can happen almost anywhere, but there are several common causes:

  • Parking lots that become slippery with accumulated ice, snow, rain, debris, and leaves
  • Parking lots with broken, uneven, or irregular walking surfaces
  • Entryways that are cluttered, littered with debris, or made slippery by weather conditions that are tracked in
  • Stores that have torn, worn, frayed, bunched, or broken flooring
  • Stores with highly polished and slippery flooring
  • Stores with displays that are precariously placed or erected
  • Stores with inadequate lighting

Any of these can lead to serious injuries that necessitate emergency care.

Traumatic Brain Injuries

In fact, injuries associated with slip and fall accidents are so serious that the Mayo Clinic reports slip and falls as one of the leading causes of traumatic brain injuries (TBIs). Because TBIs affect the brain, they are extremely unpredictable and typically necessitate a protracted recovery process that carries significant physical, financial, and emotional damages. Many victims of TBIs describe them as altering their very sense of self, which makes TBIs one of the most difficult injuries to heal from.

Other Common Injuries

Broken bones and spinal cord injuries are also common to slip and fall accidents, and theyre both extremely serious injuries that require immediate medical attention. A broken bone is an exceedingly painful injury thats slow to heal and can lead to serious complications, including permanent disability. Spinal cord injuries are caused by damage anywhere on the spinal cord, and they are not only extremely painful but can also cause significant debilitation. The brain and spinal cord, together, comprise the central nervous system, which controls the bodys physical sensations and coordinated movements. Spinal cord injuries can result in partial or complete paralysis, and any such injury comes with serious physical, financial, and emotional consequences.

Other Premises Liability Accidents

In addition to slip and fall accidents, there are a variety of security-related issues and physical accidents that are closely associated with premises liability claims. Security issues include the stores failure to provide adequate security or failure to adhere to accepted security practices. While no two premises liability claims are exactly alike, there are several distinct kinds of accidents, in addition, to slip and falls that commonly lead to such cases:

  • Elevator and escalator accidents
  • Falling merchandise accidents
  • Scaffolding or ladder accidents
  • Accidents caused by architectural or structural design flaws

The Stores Liability

In Pennsylvania, a store may be held liable for injuries you incur on the premises through either strict liability or negligence. Strict liability refers to circumstances that are inherently or abnormally dangerous in the first place. The more likely scenario, however, is liability through negligence, which means your claim must incorporate several elements:

  • The property owner had a duty of care to youa store owner owes you a reasonably safe shopping environment to conduct your business in.
  • The property owner knew about or reasonably should have known about the dangerous condition on the property that caused you to be injured.
  • The property owner failed to fix the dangerous situation that he or she knew about and that caused you to be injured.
  • The property owners breach of duty directly caused you to be injured.

Comparative Negligence

Pennsylvania incorporates a comparative negligence model, which determines who is to blame in premises liability claims. In a nutshell, this means that you, as the injured party, cant be found to share more blame than the store does. Further, if you are found to share a portion of the blame for your injuries, your compensation will be reduced by the percentage of blame youre determined to be responsible for. In other words, its complicated, and if youve been injured while shopping in Philadelphia, you need an experienced premises liability attorney. Your rights and your rightful compensation are far too important to leave to chance or to the vagaries of the insurance company.

If a Shopping Trip Leaves You Injured, Consult with an Experienced Philadelphia Premise Liability Lawyer Today

Shopping is something we all do fairly regularly, and it isnt something that we spend much time worrying about. Nevertheless, unsafe shopping conditions leave people in need of emergency medical care every day. If youve been injured while shopping, you might be facing a long recovery. Remember that you arent alone. The skilled legal team at The Levin Firm in Philadelphia is here to help. Our experienced premises liability attorneys have the experience, commitment, and knowledge to tirelessly advocate for your just compensation. For more information, please contact or call us at 215-825-5183 today.

December 11, 2014

What Happens if my Child Slips and Falls at School?

fall at schoolWhen you send you child to school every morning, you should be able to trust that he or she is healthy and safe. School personnel have a duty to provide a reasonably safe environment for your child and to provide adequate supervision at all times. Unfortunately, when there are few adults attempting to constantly supervise hundreds of children, accidents are bound to happen. One accident that commonly occurs in and around a school building is a slip and fall accident.

Common injuries in slip and falls

While sometimes slips, trips, and falls will simply cause minor bumps or bruises, other slip and fall victims may suffer injuries that are substantially more serious.[1] These injuries include traumatic brain injuries from hitting their head, spinal injuries if they land on their neck, broken bones, internal bleeding, deep contusions, and more. Many of these injuries will send a child to the emergency room at least, while others may require extensive medical treatment. If the slip and fall accident resulted from negligent actions on the part of the school personnel, you deserve to recover for all of the medical bills and other losses you incurred as a result of the injury.

Causes of school slip and falls

Slip and falls can happen for a wide variety of reasons, some of which stem from negligence and some of which do not. With hundreds of people regularly traveling the same hallways and staircases every day in a school, it is no wonder that slip and fall accident occur on a regular basis. Sometimes, these accidents happen because a child is simply clumsy or lost their balance. Other times, slip and falls may be caused by the following factors:

  • Wet or slippery floors
  • Overly-worn carpet or flooring
  • Cracked pavement
  • Torn carpet
  • Wires that are not properly secured to the walls
  • Objects or debris left in walkways
  • Uneven ground
  • Dangerous stairs or railings

A school has the duty to keep the premises safe for students to use on a regular basis. When a school fails to correct a dangerous condition and a student sustains injuries, the victim should be able to fully recover financially. School cases can be particularly complicated and may involve complex legal issues, however, so you always want to consult with an experienced slip and fall lawyer in Philadelphia as soon as possible for help.[2]

[1] http://www.nsc.org/NSCDocuments_Advocacy/Fact%20Sheets/Slips-Trips-and-Falls.pdf

[2] http://en.wikipedia.org/wiki/Sovereign_immunity

 

August 29, 2014

Can I Sue after a Slip and Fall Accident in a Post Office?

local post officeData published by the National Safety Council (NSC) indicates that slip and fall accidents are responsible for 8.9 million emergency department visits per year. These incidents can happen almost anywhere and are capable of causing a wide variety of injuries, some of which can result in long-term complications. When slip and fall accidents occur on property owned or maintained by the government, victims may be able to obtain compensation by filing a personal injury claim. It is important to note, however, that legal claims against the government are subject to special legal rules, so it is highly advisable for people injured in slip and falls that occurred on government property to consult with an experienced attorney.

With their often busy environments, slip and fall accidents can easily occur at post offices around the Philadelphia area. As federal property, any legal claim after a post office accident would need to be asserted against the federal government, which is immune from lawsuits unless specifically authorized by law. Fortunately for victims, the Federal Tort Claims Act does exactly that, but the procedure for filing such a claim is significantly different than in other types of claims not involving the federal government. For one, an injured party may not simply go to the courthouse and initiate a claim. Instead, he or she must first file an administrative claim with the post office. If the post office ultimately denies the claim, you may file a lawsuit against the post office, but you must do so within 6 months of the denial of your administrative claim or will lose your right to sue.

There are many types of conditions that may result in a post office slip and fall, some of which may indicate negligence on the part of postal employees. Some the more common include the following:

  • Liquid spills
  • Debris on floors
  • Exposed electrical wiring
  • Failure to warn about a slippery surface
  • Unreasonable accumulations of snow or ice in or around entryways

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