Archive for Slip & Fall Injury
May 29, 2013
According to the Centers for Disease Control and Prevention, more than one million Americans slip, fall, and suffer injuries yearly. Of those more than 17,000 people die annually because of these injuries. In fact, floors and flooring materials contribute directly to the majority of slip and fall cases yearly, according to the Consumer Product Safety Commission. They are also the primary cause of work related injuries. Edith Pearce and her team believe these victims should have some legal recourse to recoup medical expenses, pain and suffering, loss of wages from missed employment, and more. That is why The Pearce Law Firm has a slip and fall lawyer on staff ready to assist every client.
Between 20 to 30 percent of all those who slip and fall suffer moderate to severe injuries, and it’s important that victims have an attorney they can rely on for representation. The goal of The Pearce Law Firm is to fight for our client’s rights so they can focus on healing. When you are in pain, the last thing you need to worry about are pending legal battles.
Whether you’ve suffered a hip fracture, head injury, or bone fractures, The Pearce Law Firm can help. A slip and fall lawyer will examine every possible scenario to develop a sound legal attack.
While some jurisdictions are weary of slip and fall claims, Edith Pearce and her team work hard to ensure clients receive a maximum settlement or go to trial if a proper settlement cannot be reached. The ultimate goal is to relieve financial hardships that may develop because of the injury. Don’t wait. The sooner you call, the sooner The Pearce Law Firm team can get started on your case.
Posted in: Slip & Fall Injury
February 22, 2011
Thousands of Philadelphia residents walk for leisure or to and from work every day. Millions of pedestrians around the country walk while counting on the safe construction of public and private sidewalks, curbs, and paths. According to Edith A. Pearce curbs and public sidewalks are responsible for some of the many slip and fall accidents that cause personal injury each year.
When it comes to curbs, experts find that height makes a significant difference when it comes to public safety. The Pennsylvania Superior Court has recently held that “even a one inch high walkway defect may create liability when it spans multiple feet.” The Pearce Law Firm, PC reports that they have seen many injuries that have come as the result of falls on surface areas like sidewalks and curbs. Injuries can range from minor personal injuries to catastrophic, resulting in paralysis and even death.
These slip and fall injuries can occur on private or public property, and it’s important to find out who is liable. In the recent case of Melchiorre v. Lord’s Valley Xtra Mart, the Pennsylvania Superior Court decided that “although many property owners may not be responsible for extremely small irregularities on pedestrian surface and although no mathematical guideline for triviality exists, the Court will consider the length and general condition of the wider surface area. In this case, the victim’s injuries resulted from a concrete pad surrounding the pumps at a gas station. The Plaintiff, Melchiorre tripped over the pad sustaining permanent injuries. He then filed a suit for negligence. The Court of Common Pleas in Pike County awarded summary judgment to the owners of the property based on the “trivial defect” doctrine.
If you have been involved in a slip and fall accident, contact a Philadelphia slip and fall lawyer to find out about your rights. The new law that requires courts to look closer at several feet of surface area could help your case. Knowing whether or not a property owner is liable for your injuries is important.
Posted in: Slip & Fall Injury
January 13, 2011
Philadelphia transportation officials are warning drivers and pedestrians to beware of icy pavements. Philly drivers are familiar with the dangers of “black ice,” the invisible skin of ice that forms on roadways when melting snow refreezes. Philadelphia personal injury lawyers warn pedestrians that the same dangerous condition can be present on pavements and in parking lots. Unshoveled blowing snow that hides treacherous patches of ice from view increases the danger of slip and fall accidents in Philadelphia parking lots (see our previous post).
If you are the victim of a Philadelphia slip and fall accident on snow and ice, Pearce Law attorneys recommend doing the following:
1. Report the accident immediately or as soon as possible.
2. Seek medical attention if you are injured. Injuries from slip and fall accidents can be serious. A hard fall can break bones. If the person hits his head on the pavement, curb or parked car, the force of the fall can bruise or injure his brain. If the body twists during a fall, the spinal cord can be injured. In many cases, the severity and consequences of an injury cannot be immediately known. Even if you show no immediate signs of injury after a slip and fall accident, pay attention to your body. If muscle aches or headaches develop, seek medical attention.
3. Record ground conditions both where you fell and in the immediate area. Write down a detailed description of the pavement conditions and the location of any obstacles. Note whether the pavement was partially cleared or uncleared, snowy or icy, and any debris in the area.
4. Gather evidence documenting where the accident occurred, name of the landowner or store owner, names and phone numbers of any witnesses, and photos of the accident site and your injuries.
5. Consult a Philadelphia personal injury attorney with experience handling slip and fall accidents.
Posted in: Slip & Fall Injury
January 11, 2011
Another big snow storm is headed toward Philadelphia and with it will come another bout of icy sidewalks, slippery parking lots and slip, trip and fall accidents. More than 16,000 American die each year as the result of personal injuries suffered during slip, trip or fall accidents. Philadelphia personal injury attorneys warn that slip, trip and fall accidents are one of the most common causes of workplace injuries. Slip, trip and fall accidents also account for a significant number of accidents in Philadelphia homes, retail stores and groceries.
Snow and ice covered parking lots and sidewalks increase the risk of slip, trip and fall injuries, Edith Pearce, Esq. warns. Parking lots and sidewalks that have been improperly cleared, salted and sanded can leave pavements icy and slippery, creating serious slip and fall hazards. Serious slip, trip and fall accidents can result in lacerations, fractured bones, strained and twisted back muscles, brain injuries and sometimes disability or death.
If you are in a slip, trip or fall accident, Philadelphia personal injury attorneys advise that you always report the accident, even if you don’t believe you were seriously hurt. Some bone, muscle and tendon injuries are not noticeable until several hours after the accident occurs. If your accident occurs at a business, you may be asked to sign an incident form. Read the form carefully. Some incident forms are worded to diminish the store owner’s liability. Do not sign any document you do not understand or that does not state the facts as your know them. If you do complete or sign a form, ask for a copy. Establishing fault in slip, trip and fall accidents can be complicated. Under the law the property owner or accident victim can be found at fault or liability can be shared by both parties. Consultation with a Philadelphia personal injury lawyer can determine your rights and probable responsibility in a slip, trip or fall accident.
Posted in: Slip & Fall Injury
November 1, 2008
As a Philadelphia injury lawyer, Edith Pearce often receives questions about an injury suffered by someone who slipped and fell on a sidewalk or street that was covered with ice and snow. When must a person remove snow or ice from their own sidewalk or property to prevent an accident?
Under Pennsylvania law, the courts have adopted the “hills and ridges” doctrine. This legal doctrine provides that an owner or occupier of land is not liable for general slippery conditions from the natural accumulation of snow or ice following a recent snowfall as long as the owner of the property has not permitted the ice and snow to unreasonable accumulate in ridges or elevations. However, a recent slip and fall case near Philadelphia illustrates that this doctrine only applies where the snow and ice are the result of an entirely natural accumulation and not after negligent or deficient snow plowing and icing.
In Harvey v. Rouse Chamberlin, Ltd., 901 A.2d 523 (Pa. Super. 2006), the Superior Court of Pennsylvania discussed at length the hills and ridges doctrine. In that case, a Philadelphia lawyer brought a lawsuit on behalf of Nancy Harvey when she slip and fell while walking on a street in the Windtree Development in Plumsteadville Township, Bucks County. On a winter day in January, it began to snow in the development and the snow continued through the early morning hours. After it had stopped snowing, and the roads had been plowed, Nancy Harvey decided to take a walk in the development. During her walk, Nancy walked on the sidewalk, but, at times, had to walk on the street as portions of the sidewalk had not been cleared. Nancy observed that some portions of the road were covered with packed down snow from being plowed and that there were patches of cleared asphalt. As Nancy approached the sidewalk in front of a particular home in the development, she observed that there was snow on the sidewalk. Consequently, Nancy decided to walk in the road, which appeared to be clear and dry. While walking in the road, Nancy slipped and fell on black ice and sustained injuries.
The Bucks County Trial Court dismissed the case on the basis of the hills and ridges doctrine. However, the Superior Court overruled this decision on appeal. The Superior Court found that because the roads had been plowed, the ice in this case could not have been the result of an entirely natural accumulation. Thus, the jury should have been allowed to determine whether sufficient salting was performed after the snow plowing to melt the remaining residue left after plowing and whether sufficient salt was placed on the road to prohibit the formation of ice.
This case is a good reminder that an experienced slip and fall accident lawyer is crucial to evaluate your case and bring your lawsuit. There are many questions in a slip and fall accident that can be answered by an experienced slip and fall attorney. Although many injury victims do not believe they have a claim for a slip and fall accident upon snow or ice, it is important to have your case reviewed by an experienced accident lawyer, such as Edith Pearce. Visit us at http://thepearcelawfirm.com/ to see how we can help you with your issue
Posted in: Slip & Fall Injury
June 11, 2008
Norristown, Pennsylvania — The Pearce Law Firm filed a slip and fall lawsuit in Norristown, Montgomery County, Pennsylvania on behalf of her client, Mr. Parker, a Frito-Lay delivery truck driver. Edith Pearce, recently named a 2008 Super Lawyer by Philadelphia Magazine is a native of Montgomery County and started her career working for a defense insurance company in Norristown, Pennsylvania. Attorney Pearce was familiar with the location of the accident and filed suit claiming negligence when Mr. Parker slipped, tripped, and fell when exiting his truck.
Mr. Parker suffered an injury to his shoulder as a result of a slip-and-fall accident occurring on his employer’s parking lot. Mr. Parker received Pennsylvania workers’ compensation benefits. However, Edith Pearce, a Philadelphia and Montgomery County Accident Lawyer filed the lawsuit in Norristown, Pennsylvania against the company who was hired to remove snow and ice to prevent a slip and fall accident and apply salt to the parking lot and premises. At trial, Mr. Parkers’ doctor explained his diagnosis that the slip-and-fall accident either caused or aggravated asymptomatic tendonosis of the right shoulder. A jury trial was conducted in the Court of Common Pleas of Montgomery County. The Montgomery County jury returned a verdict in favor of Plaintiff in the amount of $180,000. Defendant appealed the verdict.
Defendant’s main argument on appeal was that the Defendant only had the responsibility for performing snow and ice removal according to the contract for the parking lot to allow trucks to use the parking lot and avoid any truck accidents. Defendant argued on appeal that it did not have any duty to prevent the slip and fall accident to Mr. Parker. However, on appeal, Edith Pearce, who lives in Montgomery County Pennsylvania and was familiar with the area argued that Defendant owed a duty to make the parking lot safe for employees and other people to walk into or from the parking lot to prevent someone from slipping or falling. Attorney Pearce filed for delay damages because of the delay in time caused by the appeal. The Superior Court of Pennsylvania upheld the verdict in the slip and fall accident and ordered that payment be made in excess of $200,000.
Posted in: Slip & Fall Injury
January 11, 2007
A recent construction injury case decided by a Philadelphia jury illustrates the legal principal of comparative negligence. Many times a client will ask me, “What if I was partly at fault in the accident?” In the case of Bell v. Lafayette College, a roofer fell off a ladder while working in the rain at Lafayette College. He fractured his heel and shoulder and claimed he could not return to work. The Philadelphia jury awarded a $2.38 million dollar verdict. David Beil, 47, sued the college and two contractors, Telesis Construction and Masonry Preservation. The contractors settled during trial for $900,000 each. Beil asserted at trial that despite wet and muddy conditions due to rain, Lafayette College prohibited him and other construction workers from using an indoor stairway to the roof, which would have been much safer to access the roof. Instead the construction worker used a ladder. The defense attorney for the college argued that it was Beil’s own fault for deciding to climb a wet and muddy ladder in the rain without permission. The Philadelphia County jury on Oct. 27 found that Telesis was 50% liable, Lafayette College was 35% liable, Masonry was 10% liable and Beil was 5% liable. It awarded $6.8 million. Because the college was 35% liable, Beil was awarded $2.38 million of the $6.8 million dollar verdict.
This illustrates the legal concept of comparative negligence in a personal injury case, which is one of the main questions to answer in any slip and fall accident. That’s where The Pearce Law Firm comes into play. Under Pennsylvania and New Jersey law, you may still recover damages if you are partially at fault, unless a judge or jury finds you to be more than 50% responsible for your own injury. In other words, if you were found to be 40% at fault, and the property owner was found to be 60% at fault, you can recover damages for your slip and fall equal to 60% of the amount awarded by the jury. This is known as “comparative negligence”. There is no formula for arriving at a precise number for a person’s comparative negligence. You need an experienced slip and fall lawyer to negotiate for your settlement with an insurance adjuster or possibly argue your case to a jury at trial to discuss all of the factors that might have caused the accident.
Posted in: Construction Injury, Slip & Fall Injury