What You Should Know About Premises Liability in Personal Injury Cases

Our recent blog post answering the most frequently asked questions about slip and fall cases introduced the legal concept of premises liability. It’s true that if you have experienced a slip and fall injury, premises liability will likely come into play in your personal injury case. 

But, what other types of incidents beyond slip and fall injuries could potentially constitute a premises liability claim? And, who can be held responsible for a victim’s personal injury or wrongful death in those premises liability claims?

Today’s post addresses these questions and demonstrates again the crucial point of ensuring that you contact an experienced personal injury attorney for guidance when you have been injured on someone else’s property.

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Answers to 6 Common Slip and Fall FAQs

A little while ago, we shared a blog post covering the basics of what most people should know about personal injury law. In that article, we introduced so-called “slip and fall” cases, which are more officially known in the legal world as premises liability cases.

It’s true that slip and fall cases don’t necessarily involve anyone actually slipping and falling, which is why personal injury lawyers prefer the technical name. However, no matter the term you prefer, if you have been injured by a dangerous property condition—trip hazards, a slippery substance on a floor, malfunctioning elevators and escalators, even inadequate lighting or security that leads to a criminal attack—you may be able to recover compensation from the property owner or another responsible party.

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Can Video Footage Make or Break Your Personal Injury Case?

It’s no secret that video cameras are all around us. Especially in public spaces like stores, banks and airports. Even on the streets of many towns, we’re continuously being monitored by video—and often recorded. While video footage is typically gathered in the name of public safety—by police body cams and traffic cameras, for instance—it’s true that it can have broader applications, and it’s particularly useful in personal injury cases.

In fact, one of the first things insurance adjusters—as well as personal injury attorneys—look for when investigating an injury claim or case, is video footage that might show the mechanism of injury – i.e. how a person was hurt.

Whether it’s a slip and fall/premises liability case or a pedestrian accident that resulted in significant injury or wrongful death, there are often video or still photography images available related to the original incident that are available and could be useful as evidence.

So, can video footage make or break a personal injury case? In short, absolutely.

Today’s post highlights the types of surveillance footage that might be brought in as video evidence to either prove or disprove your injuries. We’ll take a brief look at Pennsylvania’s rules about how video evidence may be used in personal injury cases, as well.

It’s important to remember that when you or a loved one has suffered an injury—or even death—based on another’s negligence, it is your right to seek compensation for your financial losses, pain and suffering, and future disability  from the parties at fault for the injuries. And, our experienced personal trial lawyers at May, May & Zimmerman are here to help you build the strongest possible case.

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What is Wrongful Death, And How Do I File a Case?

Unlike most legal language, the term “wrongful death” is a relatively uncomplicated description for situations in which a person or people have died due to someone else’s negligence or wrongdoing. However, determining whether you have a wrongful death case can be complicated, requiring assistance from an experienced personal injury attorney.

When you have lost a loved one due to wrongful death, you need to consider bringing a personal injury civil action against the person or company responsible. This is your right under personal injury or “tort” law, which allows you to seek compensation for your immense loss unrelated to any criminal charges that might have been filed against the wrongdoer.

Of course, there are a few more things to know about how wrongful death lawsuits work. That’s where today’s post comes in. We’re answering a few big questions our prospective clients often have in the aftermath of a tragic loss of a loved one while they try to determine what’s next.

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Nursing Home Neglect: What Are Victims’ and Loved Ones’ Options?

It’s a sad truth—nursing home neglect is far more common than the headlines about the worst abuse cases and tragedies would have us believe. The National Council on Aging estimates that 1 in 10 Americans who are age 60 and over have experienced some form of abuse, such as negligent nursing care, but only 1 in every 14 cases ever gets reported.

And there are many seemingly small infractions that you may not have even considered—a missed meal here or there, minor falls, a medication mistake once in a while—which can constitute nursing home negligence. These little problems and other under-the-radar abuses tend to build up and should not be ignored by loved ones of individuals living in nursing homes, assisted living/personal care facilities, and larger retirement communities.

Today’s post takes a closer look at what friends and family of nursing home residents—as well as residents themselves—should be concerned about within long-term care environments.

We’ll touch on a few things to be paying attention for that could signal neglect and abuse of a care facility resident. Additionally, we’ll tell you what to do to in response. Even if you’re not entirely sure whether something is wrong, it is wise to be overly cautious and ensure that your or your loved one’s nursing facility is following the law. One of your best resources for doing so are highly experienced personal injury attorneys.

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What You Need to Know About Personal Injury Law

What is personal injury law?

Every member of our community has a duty to exercise reasonable care to prevent harming others.  When we fail to exercise reasonable care (e.g. choosing to send text messages while driving) and as a result, another person is injured, the person who failed to exercise reasonable care is responsible for the harm caused.  Personal injury or “tort” law exists to enable those who have been hurt to seek compensation for their financial losses and pain and suffering from the persons or companies responsible for the injuries.

The object of Pennsylvania’s tort law is to modify behavior by imposing the financial risk on the party in the best position to prevent the harm. Personal injury / tort claims are part of the civil justice system, which basically means that personal injury cases are separate from any related criminal cases, and only deal with harms and losses or injuries to person or property.

Seeking compensation through personal injury law means more than just filing a lawsuit. The legal rules and the knowledge of attorneys experienced with injury law also shape the investigation of the claims and the process of settlement negotiations.

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