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Injured?
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Sunday, May 17, 2015

Injury from Fall on Dangerous Condition in Pennsylvania: What's needed to prove your case and Things to Remember

So, you fell and were seriously injured in Pennsylvania because someone else was at fault. Now, you can't work. Or, no one is paying the medical bills and the property owner or business owner won't return your calls. Maybe the insurance company for the store or business where you fell is calling you and you don't know what to do. What's needed to prove your case? Examples: You fell because of a hole or defect in the parking lot of a supermarket in Pottstown. You were seriously injured. OR You fell on steps at an apartment complex in Phoenixville that were cracked or missing a railing. In any case where you fell because of a "defect" or unsafe condition, you must be able to prove that the owner or property manager: 1.knew that the condition was there (this is called "actual notice") or 2. should have known that the condition was there (called "constructive notice") Most important, if possible, is to have someone get photos of the condition as soon as possible. The best proof of the condition are photos. Hopefully the owner or manager will fix the condition so now one else gets hurt, but once fixed or changed, you've lost the chance to get proof via photos. Second, it's critical to get the names of any witnesses who either saw the injury happen or who knew about the condition before. It's also important to speak with an experienced personal injury lawyer who handles premises liability cases like yours. You want to ask the lawyer if they've handled fall injury or slip and fall cases - especially, whether they've handled them through to a jury verdict. If the property manager or owner or their insurance company is calling you, it's really important that you not give them a statement without speaking to a lawyer on your behalf. You may think it's "cut and dried" or straightforward, but there may be issues or pitfalls in providing information to the opponent. Remember, the insurance company does this everyday. They are not on your side. The insurance company is looking to protect their property owner and get out from the claim without taking responsibility or for taking as little responsibility as possible. David Schreiber Wolpert Schreiber P.C. 527 Main Street Royersford, PA 19468 We Work for Your Case Concentrating in Injury Law and Insurance Claims