Slip and fall accidents are among the most common causes of personal injuries. Slippery floors, dark stairwells, and weak railings cause serious incidents every day.

Property owners have a duty to maintain their homes and business premises so that visitors, tenants, and guests are not put at undue risk. If the owner is careless or negligent and someone is injured as a result, the owner may be held liable for the result. Slip and fall injuries commonly result in broken bones, closed-head trauma, concussions, spinal cord injuries, and even death.

To effectively pursue the compensation and justice you deserve following a negligence-related accident, you need a skilled slip and fall attorney in your corner.

Why Choose a Philadelphia Slip and Fall Lawyer from The Cochran Firm?

Attorney Robert S. Miller has been arguing and winning personal injury cases in Pennsylvania since 1992. He is a member of the Pennsylvania, Philadelphia, and New Jersey bar associations and has been chair of the Philadelphia Bar Association Arbitration Committee. Mr. Miller was recognized as a 2022 Pennsylvania Super Lawyer and in 2020 Best Lawyers in America, Personal Injury Litigation – Plaintiffs.

The right attorney can make a big difference to the outcome of your case. The Cochran Firm offers free initial consultations, and we work on a contingency basis, so you don’t pay unless we win.

Call The Cochran Firm today at 800-969-4400 for a free, no-obligation case evaluation.

What We Can Do

Property owners and landlords have insurance, and the insurance companies have in-house attorneys who will use the law to their advantage. You need an equally capable attorney on your side to be sure you don’t get caught by their legal maneuvering. The premises liability lawyers at The Cochran Firm know exactly how to pursue the best possible outcome in every case.

We will . . .

  • Reconstruct the incident and determine its likely cause
  • Gather evidence and documentation, such as police and medical reports, photos and videos of the location, and records regarding similar previous incidents in the area
  • Carry out depositions if this is appropriate
  • Negotiate with the insurance companies and handle all correspondence with them so that you and your family aren’t bothered by their requests for information
  • Prepare for trial if a reasonable settlement can’t be reached
  • Help file the initial insurance claim to minimize the chances of denial.

Making Your Case

Winning a slip and fall case isn’t as simple as showing that you fell and were hurt. You must be able to show that the incident came about because of the negligence of some other person or entity.

What Is Negligence?

There are four essential elements to negligence in a Pennsylvania slip and fall case, namely:

  • The defendant had a duty to keep the property safe for tenants, visitors, and other entrants onto the property.
  • They breached the duty by allowing a known or discoverable dangerous condition to remain on the property.
  • The dangerous condition was the cause (“proximate cause”) of your injury.
  • You suffered an injury because of the dangerous condition or the failure to correct it.

Suppose you live in a building with a concrete walkway. The owner has a duty to keep the walkway clear of cracks and potholes. Over time, the walkway has become broken in places, and people have started tripping on holes in the concrete. They have notified the owner, but nothing has been done to fix the problem. One day, you are walking to your apartment, catch your foot on a deep crack, and break your elbow.

Our attorneys must show that the owner knew or should have known of the hazards, by presenting notices sent to the owner and obtaining the testimony of other residents. This establishes that the owner knew of the dangerous condition but did nothing to fix it before a serious injury occurred.

Other Parties to Negligence

The “duty of care” may be shared by multiple parties, such as where there are:

  • Multiple property owners, or corporate or overseas interests
  • Onsite managers who may fail to handle complaints immediately without informing the owner
  • Contract employees (janitors, landscapers, etc.) who create hazards and fail to notify management
  • Vandalism or other criminal behavior.

However, the involvement of other parties will not absolve a property owner of responsibility; the courts will not allow an owner to simply point to someone else and say, “Not my fault.”

Under a legal theory called “vicarious liability,” property owners are responsible for the acts of employees and agents acting on their behalf. Reusing the example above, if the property manager knew about the broken walkway and failed to repair it, the owner should still be liable.

Settlements and Damage Awards

There are no guarantees in a legal case. Juries are unpredictable, so a competent attorney can only give you an estimate of what your claim might be worth. If a lawyer ever promises they will secure a certain amount of compensation on your behalf, you should find a more reputable firm.

Types of Damages

The law in Pennsylvania allows plaintiffs to sue for economic and non-economic damages. Punitive damages may also be available, though they’re relatively rare.

Economic damages: This refers to any type of compensation that has a clearly defined monetary value. Because of this obvious value, economic damages are generally easy to calculate. They can include:

  • Medical bills, including for future care, rehabilitation, medication, and surgeries
  • Lost wages and income, including future pay and loss of opportunity
  • Costs of medical devices, home alteration, and other accommodations if you become disabled
  • Funeral expenses
  • Legal costs.

Non-economic damages: This refers to any loss or harm you suffer that does not have a clear monetary value. Non-economic damages include:

  • Emotional anguish, anxiety, depression, PTSD, and other psychological issues
  • Chronic pain, neuropathy, or physical pain
  • Lowered quality of life due to disability
  • Loss of consortium.

Non-economic damages may be calculated by use of a “multiplier.” This method takes the economic cost of treatment and multiplies it by a number from 1 to 5. The resulting figure is compensation due for your pain and suffering.

Punitive damages are only available in personal injury cases where the defendant’s conduct was particularly egregious. Only gross negligence or intentional wrongdoing warrant punitive damages.

Frequently Asked Questions (FAQs)

 Should I talk to the insurance company after the accident? No. You should not talk to any insurance company after your accident – not even your own coverage provider -- until you’ve consulted with a lawyer. Insurance companies are businesses, and their priority is settling claims as quickly and cheaply as possible. Advise any insurance company who calls that you are speaking to an attorney, and let us handle the negotiations on your behalf.

 How long do I have to file a case? Pennsylvania has a two-year statute of limitations in personal injury and wrongful death cases. If you miss the deadline, the courts may refuse to hear your case, although there are limited exceptions to this rule in unusual circumstances. If you think you have a case but believe the statute has run, contact The Cochran Firm and let us review your case.

 What if I am partially responsible for the accident? Even if you were partially responsible for your accident, you might still be able to recover damages. Pennsylvania follows the modified comparative negligence rule, meaning that as long as you are less than 51% to blame for what happened, you may still recover the proportion of the settlement that reflects the defendant’s fault.

 What if a loved one died in the accident? If a loved one died in the accident or dies later from their injuries, their personal representative can file a claim on behalf of the estate. If they fail to do so, then beneficiaries may file a claim six months after the death. There are other requirements for filing a wrongful death claim, and they must be followed carefully. If you think you have a wrongful death claim, you should contact an attorney right away.

 What does it cost to hire a slip and fall attorney? Hiring The Cochran Firm Philadelphia will not cost you anything unless you get compensation for your claim. We work on a contingency basis, which means we will handle all fees and costs associated with your case, and you will pay nothing until the case settles. Fees and expenses will be taken from the award. We aim to leave you free to recover at your own pace while we handle the legal work.

Contact Our Philadelphia Slip and Fall Attorneys at The Cochran Firm Today

For more than four decades, The Cochran Firm has helped Philadelphia residents get the justice and compensation they deserve. We provide individualized representation for our clients with our experienced legal team and the resources of talented and zealous attorneys.

To schedule your free, personal consultation, call us today at 800-969-4400, or fill out the contact form on our website.