Tim Rayne

Pennsylvania Car Accident & Personal Injury Lawyer

Tim Rayne

Pennsylvania Car Accident & Personal Injury Lawyer

Slip and Fall Accident

If You Trip and Fall on a Sidewalk Do You Have A Legal Claim in Pennsylvania?

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Pennsylvania Personal Injury Lawyer Tim Rayne answers the question:  If you trip and fall on a sidewalk in Pennsylvania do you have a legal claim and a right to be compensated for any injuries you sustain?

Sidewalk Trip and Fall Accidents

Whether you have a legal claim after tripping and falling on a sidewalk depends on how significant the defect on the sidewalk was and the circumstances of your fall.  If the defect was “trivial,” meaning very minor, the property owner can argue that it was not something that needed to be fixed.  Property owners have a duty of reasonable care and to eliminate unreasonably dangerous conditions.  They don’t have an obligation to make the property flawless.

If the defect was substantial, the property owner can defend the claim by arguing that you should have seen and avoided it.

So, as you can see, Trip and Fall on Sidewalk Cases can be challenging ones to win in Pennsylvania.

Nevertheless, if you suffer serious injuries in a Trip and Fall on a Sidewalk, you should report the incident to the property owner, take photos and video of the condition, get medical treatment for your injuries and seek legal advice from an experienced Injury Lawyer.

Luckily most property owners will have insurance coverage to pay for your claim so any compensation you are entitled to will come from insurance rather than the assets of the property owner.

TimRayneLaw.com

Tim Rayne Injury Lawyer

610-840-0124

trayne@macelree.com

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What to do If You Slip and Fall on a Sidewalk After a Snow Storm

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What should you do after slipping and falling and getting injured on a sidewalk after a snow storm:

  • Take Photos and Video
  • Report the accident to the Property Owner
  • Get Medical Treatment
  • Get Legal Advice

For more information about your legal rights after being injured in an accident in Pennsylvania, contact Tim Rayne at 610-840-0124 or trayne@macelree.com or check out his website TimRayneLaw.com.

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If You Fall and are Injured – Report the Incident and Demand that Video Footage be Preserved

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What to do Right Away If You Fall and are Injured?

Report the Incident

If you are injured in a Slip or Trip and Fall accident in Pennsylvania, it’s important that you report the accident immediately to the property owner.

If you do not report it, an argument can be made later that you are lying about falling.  However, if you report the accident right away, it’s more difficult for the property owner to deny that the accident happened.

So, if you fall in a store, ask for a manager and insist that they write up a report and give you a copy.  If you fall in a garage or parking lot, report it to the attendant or look for a sign with a phone number to call.  If you fall on a sidewalk, photograph the condition including the building so you have proof of the location and then reach out to the property owner as soon as possible.

Med Pay Coverage

Documenting your accident may make you eligible for payment of any out-of-pocket medical bills even if you cannot prove that the fall was caused by negligence of the property owner or you decide that you don’t want to make a legal claim.  Most property owners have something called Med Pay Coverage which will pay out-of-pocket medical bills for accidents that occur on their property, regardless of who was at fault for causing the accident.

Make Sure Video is Preserved

In addition to reporting the Fall, you should Demand that the property owner preserve all security video for the entire day of your fall.

Your demand for video preservation should be in writing so that you have proof of the request.

Why Demand that the video be preserved?  Security video may show your accident.  It also may show the dangerous condition being created before your fall and/or the lack of any inspection or maintenance of the area by the property owner.  This is important evidence to preserve that may help you win your legal case if you are seriously injured and decide that you want to present a claim.

For more tips on how to protect your legal rights after being injured in a Fall in Pennsylvania or to have a Free Evaluation of your Slip and Fall Case, contact Tim Rayne at 610-840-0124 or trayne@macelree.com or check out his Website at TimRayneLaw.com.

Tim Rayne – Personal Injury Lawyer

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When You Do and Don’t Have a Claim After a Slip and Fall on Snow or Ice in Pennsylvania

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It’s wintertime and snow and ice are coming.  So, if you or a family member are injured in a Slip and Fall accident in Pennsylvania on snow or ice, do you have a legal right to be compensated for your injuries?

As an ethical Personal Injury Lawyer, and not an Ambulance Chaser, I’ll tell you that sometimes you just do NOT have any legal claims, even if you are seriously injured.  Sometimes a Slip and Fall on snow or ice is just an accident and bad luck.  Other times, it’s sad to say but it’s your own fault that you fell and got hurt, so you don’t have any legal claims.

On the other hand, under certain circumstances you may have a legal claim and a right to be compensated for your injuries because someone else failed to fulfill his/her legal responsibility to look out for your safety.

With those two possibilities in mind, let’s go over some important concepts of Pennsylvania Law on Slip and Falls on snow and ice.

What Makes a Good Slip and Fall Case?

In order do you have a valid personal injury case you need to prove two things. Number one you need to prove that someone else had a legal duty to look out for your safety and was careless in failing to fulfill that duty. Second you need to prove that you were not careless yourself or if you were, you were less than 51 percent responsible for causing your injury.

No case or It’s Your Fault

First let’s talk about the situations in which you probably don’t have a case or it was your fault.

If you slip and fall on ice on your own property, it’s very unlikely that you have a legal case. However, if the property that you fell on was controlled by a landlord or a homeowners association, then that may not be true.

Also, if you choose to venture out during the middle of a snow or ice storm happen to slip and fall, then it’s very unlikely that you have a legitimate legal case. Pennsylvania law recognizes that it is nearly impossible for a property owner to keep its property free from snow and ice at all times, particularly during the middle of a storm. Accordingly, property owners are given a reasonable period of time after the storm has ended to clear the snow and treat the ice.

In another scenario, if you go out days after a snowstorm realize that place that you are walking on has icy conditions and you voluntarily choose to continue walking despite recognizing the dangerous condition, you are probably assuming the risk of any injury and therefore would not have a legal claim if you fell.

You May Have a Claim for Falling on Snow or Ice If….

Viable claims after you fall and are injured on snow and ice are situations in which somebody else had a responsibility to maintain that property and they failed to do a reasonable job of snow clearing and treating any icy patches.

Property owners are given a pass during the snowstorm and can wait until it ends to do a reasonable job of clearing the snow and treating the ice. If they do not do so and allow the snow to remain and develop dangerous walking conditions (Hills and Ridges), then they can be found liable for slip and fall accidents.

Property owners also have a duty to treat icy patches which form after the snow and ice melt on sidewalks or parking lots. If you happen to slip and fall on one of those patches from melted and refrozen snow, you may have a legitimate claim.

Finally, a property owner has a duty to make sure that their property is properly designed and maintained so that it does not cause icy conditions on sidewalks and parking lots. Examples of negligent design or maintenance include things like improper grading of the land which allows water to flow onto the sidewalk or parking lot and freeze forming icy conditions, roof systems that drop water onto walking surfaces or gutter and drain systems which allow water to accumulate on areas where people will be walking.

In my practice, I’ve had several serious injuries occur because the property owner did not take the time to treat icy patches after they melted and refroze or had a defective gutter or a drainage system which created icy conditions even though there had been no recent snowstorm.

The bottom line is that if you slip and fall and are seriously injured on snow or ice you may or may not have a legal claim to be fairly compensated. Under Pennsylvania law, your claim for compensation includes medical bills, lost wages, pain and suffering and any negative impact on your life and activities.

Life is full of unpreventable and unfortunate accidents in which you are not entitled to any recourse. However, other times, someone else has dropped the ball and not lived up to their legal responsibilities and therefore should be held accountable and you should be made whole for your preventable injuries.

The good news is that nearly all property owners have insurance to cover Slip and Fall claims so they will be paying out of their personal assets to make up for the mistake that they made.

If you have any other questions about Slip and Fall accidents or any other Car Accident or Personal Injury matters, please do not hesitate to contact me at 610-840-0124 or trayne@macelree.com or visit my Website TimRayneLaw.com.

Tim Rayne is a Slip and Fall, Car Accident and Personal Injury Lawyer with the Pennsylvania law firm MacElree Harvey.  For over 25 years Tim has been helping accident victims receive fair compensation from insurance companies and juries.  Tim has law offices in Kennett Square and West Chester Pennsylvania and meets clients at their homes or virtually via Zoom or FaceTime.

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Know Your Legal Rights after a Serious Injury from a Fall on Ice

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There is a Natural Reluctance to Presenting a Slip and Fall Claim

A lot of people are reluctant to investigate their legal rights after being injured in a fall on Ice or Snow.

They may be embarrassed about the fall and think it was their fault.  Maybe they think there is a negative stigma about investigating a Personal Injury Case or talking to a Personal Injury Lawyer, particularly in a Slip and Fall situation.  Or, maybe they just don’t know the law of Pennsylvania including what obligations Property Owners have to protect people walking on their land and what protection the law affords to Fall Victims.

But, the Consequences of a Fall Can be Severe

Fall down accidents, particularly those occurring on Ice or Snow, can lead to serious sometimes permanent and life-altering injuries.

Because of the many different bio-mechanics of a Fall on Ice (falling forward, falling backward, falling sideways or a twisting fall) many different injuries can result.

Common injuries from Falls on Ice or Snow are literally head to toe and can include:  facial injuries and fractures, head injuries and concussion, shoulder injuries and particularly rotator cuff tears, elbow fractures and arm fractures, wrist and hand fractures, spine injuries including disc injuries and spine fractures, hip fractures, knee injuries, and leg injuries and ankle injuries, including fractures and dislocations.

Fall injuries can lead to hospitalization, surgeries and sometimes pre-mature death.

What Obligations Do Property Owners Have to Prevent Slip and Falls on Snow or Ice?

All Pennsylvania Property Owners or Tenants have a duty of reasonable care to take steps to clear their property from ice and snow within a reasonable time after a Snow or Ice event.  This includes plowing, shoveling and salting.  If they fail in this duty and someone sustains injury as a result, they can be held legally liable.

Similarly, Property Owners have an obligation to treat melted and refrozen patches to prevent unnecessary injury.

Luckily, most Property Owners purchase Insurance to cover Fall Injuries in the event that they do not live up to their legal responsibility to properly care for their property.

What Compensation are Fall Victims Potentially Entitled To?

If it can be proven that a Property Owner was Negligent and caused a Slip and Fall Injury, then the Fall Victim is entitled to be reasonably compensated.

Fair Compensation includes Medical Bills and Out-of-Pocket Costs, Lost Income and compensation for Pain and Suffering, Disability and Scarring.

For Serious Injuries, the required Compensation can be significant and is usually covered by Property Insurance.  Compensation can help Fall Victims and their families cope with the consequences of a serious injury.

What Defenses Can the Property Owner Use to Try to Escape Responsibility?

The Property Owner can defend a Slip and Fall case by arguing that there was insufficient time between the storm and the fall to make the condition safe.  It can also argue that it made a reasonable effort to make the property safe.  It can also claim that the Fall Victim was Negligent and should have seen and avoided the slippery condition.

In the end, it can be up to a Jury to decide who was at fault and what is fair compensation.

What Should You Do After a Fall on Ice or Snow?

There are several things that you should do to protect your legal rights after a Slip and Fall Injury:

1- Photograph the Condition

2- Identify any Witnesses

3- Report the Fall to the Property Owner

4- Get Medical Treatment

5- Get Legal Advice

Legal Advice Should be Free

Experienced Pennsylvania Personal Injury Lawyers like me will offer Free Advice and Free Consultations for Slip and Fall Cases.

We also take Slip and Fall clients on a Contingent Fee Basis, meaning that it does not cost any up front fees to hire a Lawyer.  We handle the case for free unless or until there is a money recovery for you and then we are paid our fee and any expenses in the case.  So, there is no financial risk or expense to get legal advice or representation.

If you have been injured in a Fall on Snow or Ice, you should seek Legal Advice to determine whether you have a legitimate legal claim or not.

Tim Rayne helps Fall Victims understand their legal rights and receive fair compensation from insurance companies after a Slip and Fall on Snow or Ice.  Contact Tim Rayne at 6108400124 or trayne@macelree.com for a Free Consultation.  

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Slip and Fall in a Supermarket – Does it matter how long the spill was there and who caused it?

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Supermarket Slip and Fall – Does it Matter Who Caused the Spill and How Long it was There?

You are injured in a Slip and Fall on a puddle on the floor of a Supermarket.  Does it matter legally who spilled the liquid and how long it was there before you fell?

You might think no, it shouldn’t matter, because the spill is on the Store’s property and you were injured by falling in it.

But, in reality, it’s extremely important to find out who spilled the liquid and how long it was there.  Whether or not you can make a legal claim for compensation often depends on the answers to those two questions.

Why Does Who Caused the Spill Matter?

The general rule is that Stores can only be held legally liable for injuries caused by their Negligence, which is their failure to use reasonable care to protect their customers from harm.

Stores are responsible for the conduct of their employees, but are usually not responsible for the conduct of other customers or independent contractors like delivery people.

So, if a spill was caused by a store employee, then the Store is likely liable.

However, if a customer or contractor caused the spill, then the issue becomes whether the Store should have noticed the spill and cleaned it up or posted warning signs before you fell.

Why Does it Matter How Long the Spill Was There Before You Fell?

As I said, time doesn’t really matter if a Store employee caused the spill.

However, if it was caused by another customer or a contractor, then the length of time is very important in determining whether the Store was Negligent.  If the spill happened three seconds before you fell it will be hard to argue that the Store should have noticed and cleaned it up before you fell.  But, if it happened three hours before, then you have a much stronger case for Negligence.

Video Can Be Crucial?

With regard to the issues of who caused the spill and how long it was there, security video from the fall location can be very helpful.  For this reason, it is imperative that you report your fall to the store immediately after and insist (in writing) that all security video be preserved.

Tim Rayne is a Slip and Fall and Personal Injury Lawyer who helps injured accident victims understand their legal rights and receive fair compensation from insurance companies.  Tim regularly represents victims of Slip and Fall accidents in stores and other commercial properties.  Contact Tim at 6108400124 or trayne@macelree.com for a Free Consultation regarding any accident claim.  

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