Slip and Fall Lawyer Pennsylvania

Slips and falls can lead to serious injuries, and if you’ve been injured due to someone else’s negligence, Porta-Clark & Ward is here to help. Our slip and fall lawyers have extensive experience in handling premises liability cases, and we will fight for the compensation you deserve. Call (412) 921-7350 for a free consultation, and let us assist you in your pursuit of justice.

Proving a Slip and Fall Case with the Right Evidence

Slip and fall accidents happen in stores, parking lots, sidewalks, and even private homes. While some falls only result in minor bruises, others can cause serious injuries like broken bones, head trauma, or long-term mobility issues.

If you were injured because of a hazardous condition on someone else’s property, you may have a right to compensation. However, winning a slip and fall case is not always easy. Property owners and insurance companies often try to shift blame onto the injured person. The success of a claim depends on having strong evidence to prove what happened and who was responsible.

How to Prove Liability in a Slip and Fall Case

Slip and fall cases fall under premises liability law in Pennsylvania. To win, you must show that the property owner or manager was negligent in maintaining a safe environment. This typically means proving one of the following:

• They created the dangerous condition that caused the fall.
• They knew about the hazard but failed to fix it.
• They should have known about the issue because it existed long enough that a reasonable person would have noticed and addressed it.

Without clear evidence, the property owner may argue that they were not at fault or that the injured person was responsible for their own fall.

Key Evidence That Strengthens a Slip and Fall Claim

Gathering solid proof can make the difference between a successful case and a denied claim. The following types of evidence can help establish fault and demonstrate the extent of injuries.

Photos and Videos from the Scene

Pictures and videos taken immediately after the fall can be some of the most valuable pieces of evidence. They provide a visual record of the dangerous condition before it is cleaned up or repaired. Important details to capture include:

• Wet floors without warning signs
• Uneven pavement or potholes
• Loose carpeting or broken stairs
• Ice or snow that was not cleared in a timely manner
• Poor lighting in stairwells or walkways

If the accident happened in a business, surveillance cameras may have recorded the fall. Requesting access to security footage as soon as possible is crucial since businesses may delete or overwrite videos after a short period.

Witness Statements

Independent witnesses can provide an unbiased account of the accident. If other customers, pedestrians, or employees saw what happened, their statements can support the claim. Witnesses may be able to confirm:

• The presence of the hazardous condition
• How long the hazard was there before the fall
• Whether the property owner or staff ignored previous complaints about the danger

Getting contact information from witnesses right away is important in case their testimony is needed later.

Incident Reports

If the slip and fall happened in a store, restaurant, or other business, reporting the incident to a manager is a key step. Many businesses have formal procedures for documenting accidents, and an incident report can serve as written proof that the fall occurred.

Before signing anything, reviewing the report for accuracy is essential. Some businesses may try to downplay the accident in their documentation, so injured individuals should request a copy for their records.

Medical Records and Bills

Medical records help connect the injuries directly to the fall. Seeking treatment right away ensures that injuries are properly documented. Delays in treatment can give the insurance company a reason to argue that the injuries were not serious or were caused by something else.

Key medical documents that support a claim include:

• Emergency room records
• Doctor’s notes describing the injuries
• X-rays, MRIs, or other diagnostic tests
• Physical therapy reports
• Prescription medications related to the injury

Keeping copies of medical bills and receipts is also important for proving financial losses.

Proof of Lost Wages

Serious injuries often force victims to miss work. Pay stubs, tax records, or a letter from an employer can show lost income due to the fall. If the injury prevents someone from returning to work or requires a change in job duties, expert testimony may be needed to calculate future lost earnings.

Maintenance and Inspection Records

If the slip and fall happened in a business or rental property, records of maintenance and inspections can help prove negligence. These documents may reveal whether the property owner regularly checked for hazards or ignored known safety issues.

For example, if a store had a history of leaking refrigerators but failed to place warning signs, their negligence could be established. An attorney may request these records during the legal process.

Defending Against Blame 

Property owners and insurance companies often try to shift responsibility onto the injured person. They may argue that:

• The hazard was obvious, and a reasonable person would have avoided it.
• The person was distracted, such as looking at a phone instead of watching their step.
• The accident was caused by unsafe footwear, like high heels or worn-out shoes.

Pennsylvania follows a modified comparative negligence rule, which means an injured person can still recover damages as long as they are less than 51% at fault. However, any compensation awarded will be reduced based on the percentage of fault assigned to them.

For example, if a court determines that the injured person was 20% responsible for the fall, their total compensation will be reduced by 20%. Having strong evidence helps counter these arguments and limit the percentage of fault assigned to the victim.

Steps to Take After a Slip and Fall

Acting quickly after a fall can make gathering evidence easier and improve the chances of a successful claim. Here are the key steps to take:

• Report the fall – Notify the property owner, store manager, or landlord immediately. Request a written incident report.
• Take pictures – Document the scene, the hazardous condition, and any visible injuries.
• Gather witness information – If others saw the fall, get their names and contact details.
• Seek medical attention – Even if injuries seem minor, seeing a doctor ensures proper treatment and documentation.
• Keep records – Save medical bills, lost wage documentation, and any communication with the property owner or insurance company.
• Consult a lawyer – An experienced personal injury attorney can evaluate the case, gather additional evidence, and negotiate with insurance companies.

A Slip and Fall Attorney Who Will Stand by Your Side

Slip and fall cases are often more complicated than they seem. Property owners may try to hide or fix hazards before evidence is collected. Insurance companies frequently deny claims or offer low settlements. An attorney can help build a strong case by gathering the right evidence, handling negotiations, and fighting for fair compensation.

Having solid proof of negligence is the key to winning a slip and fall claim. The more evidence available, the stronger the case will be. Taking the right steps early can make all the difference in securing the compensation needed for medical care, lost wages, and other damages. Porta-Clark & Ward has extensive experience holding businesses and individuals accountable for unsafe conditions. Call (412) 921-7350 today to speak with a slip and fall attorney who will fight for your rights.