Are Slip and Fall Cases Hard to Win in Pittsburgh?

On This Page

1. Common Injuries Seen in Slip and Fall Accidents
2. Causes of Slip and Fall Accidents in Pittsburgh
3. Proving Liability in a Slip and Fall Accident
4. Pennsylvania Modified Comparative Negligence laws
5. Meet With a Slip and Fall Lawyer in Pittsburgh

REVIEWED BY

C. William Kenny

March 03, 2022

Board certified by National Board of Trial Advocacy

When you suffer injuries in a slip and fall accident on someone else’s property in Pittsburgh, you may be ready to hold them accountable for their negligence. However, pursuing a slip and fall claim may be more challenging than you previously thought.

Slip and fall cases in Pittsburgh may be hard to win without presenting compelling evidence against the liable party. Fortunately, you can take steps to build the strongest case possible, so you can recover compensation for your slip and fall damages.

Common Injuries Seen in Slip and Fall Accidents

Slip and fall victims may believe their injuries are not severe enough to warrant civil action, and they may feel intimidated by insurance companies claiming that the injuries do not warrant compensation.

However, you may be able to receive compensation for these damages. There are some types of injuries seen more often in Pittsburgh slip and fall claims than others. These include:

• Slipped discs
• Back and neck injuries
• Spinal cord injuries and paralysis
• Concussions and other traumatic brain injuries
• Broken bones
• Compound fractures
• Head injuries

If you suffered another type of injury that was not listed above, you may still be entitled to financial compensation. Just because proving that your injuries have had a significant impact on your life can be challenging does not mean you should not go after the benefits and compensation that are rightfully yours.

Causes of Slip and Fall Accidents in Pittsburgh

Slip and fall accidents are considered premises liability cases, and they can occur in a wide variety of ways. Proving liability in a slip and fall case can often be hard to do, as you need to show that another party’s negligence is the cause of your injuries.

Possible causes of slip and fall accidents in Pittsburgh include

• Snow and ice accidents
• Wet floors
• Loose floorboards
• Loose carpeting
• Broken stairways and railings
• Cracked or broken pavement
• Debris in the walkways
• Broken escalators or elevators
• Unsafe ladders

Proving Liability in a Slip and Fall Accident

For your lawsuit to be successful, your lawyer will need to prove that another party’s negligence caused your slip and fall injuries. Pennsylvania law requires property owners to maintain the safety and integrity of their property as to those who have been invited or are permitted onto their property. Failure to do so is potentially negligent.

However, it is important to know that the property owner’s duty of care, and the extent of that duty,  typically encompasses their invited guests and/or patrons only. If someone who was committing a crime or trespassing suffered an injury and a slip and fall accident, they may have a difficult time recovering compensation for their damages.

Property owners cannot be held accountable for injuries caused by dangers considered obvious. The open and obvious rule states that if a hazardous condition would be considered obvious to a reasonable person, then the property owner may not owe a duty to protect entrants from it. As such, they may not not be liable for the victim’s injuries. Slip and fall cases can be hard if the other party argues that the victim should have seen or expected the hazard that caused them to fall.

Pennsylvania Modified Comparative Negligence laws

If you share fault for your slip and fall injuries, you can expect it to be more challenging to win your case. In fact, there is some degree of fault of most injured parties in premises liability cases. The degree to which that fault may lie with you would require specialized analysis from an attorney.

Pennsylvania law does not prevent you from recovering compensation when you share fault for your injuries. Under Pa. C.S.A. § 7102, PA follows a modified comparative negligence system with a 51% bar rule.

You can share up to 50% of fault for your accident or slip and fall injuries and still be awarded compensation. It should be noted that your injury settlement or verdict will be reduced to reflect this portion of fault.

For example, if you were 10% liable for your slip and fall injuries, you could then expect any out-of-court settlement offer will reflect that fault. If your case were to go to trial, the jury’s verdict will be reduced by 10%. You can find out more about how your injury settlement may be affected by sharing fault for your slip and fall injuries when you contact your attorney.

Meet With a Slip and Fall Lawyer in Pittsburgh

Pittsburgh slip and fall accidents claims can be hard to win if someone argues that you should have seen the dangers. However, you should still seek compensation to hold the other party responsible for their negligent behaviors or actions.

With a Pittsburgh slip and fall lawyer at Berger and Green on your side, you can feel confident in your decision to seek justice for your suffering. Schedule your free, no-obligation consultation when you call our office at (412) 661-1400.