SLIP, TRIP, & FALL INJURY LAWYERS IN WILKES-BARRE, PA

In Pennsylvania, second offense DUI charges have enhanced mandatory minimum penalties. Further, unlike first offense DUI cases, that can often be resolved with ARD, second offense DUIs do not have a diversionary program available to avoid the mandatory periods of confinement. This means that anyone who is convicted of a second offense DUI must serve time in jail or, if the court permits, on house arrest.

Moreover, second offense DUIs at the highest rate (chemical test refusals, .16 or above, all Drug DUIs) are graded as a misdemeanor of the first degree (M1), where the maximum penalty is five (5) years imprisonment and a $10,000.00 fine. Not only are the criminal penalties increased for these DUIs, they typically include longer terms of probation, court often exceed $5,000.00, and the conviction will limit the offender’s rights to hold a CDL (commercial driver’s license) and their firearm rights.

This article is a broad overview on second offense DUI cases in Pennsylvania. It provides basic information. It should not be used as a substitute for legal advice. If you have been charged or expect to be charged, you should immediately discuss your situation with a criminal defense lawyer that has experience defending second offense DUI cases in the applicable jurisdiction. Anyone that cannot afford to hire a private defense attorney should apply for the public defender. This article is navigable via the links below:

Slip, trip, and fall injures caused by an unsafe property condition are no laughing matter—back injuries, broken bones, concussions, and nagging soft tissue injuries often result in pain, suffering, lost wages, and medical bills. Further, because people often laugh when witnessing or hearing about someone falling, that humiliation and ridicule often adds insult to the injuries. For whatever reason, our culture perpetuates an attitude that people just should not fall or get hurt because of a fall, and if a person does, they must be clumsy and/or a goof. At Lampman Law, we know this is not true and that the law may be on your side.

If you or a loved one have been injured in a fall caused by a dangerous condition or a neglected property near Wilkes-Barre or in the surrounding communities of northeastern Pennsylvania, Lampman Law may be able to help preserve your rights and fight for a fair recovery.

How Do We Accept Slip, Trip, & Fall Injury Cases? No Recovery, No Fee.

Lampman Law accepts slip, trip, and fall injury cases on a signed contingency fee agreement. This means that we do not seek payment, or any fee, unless you receive compensation. Therefore, at no cost to you we will investigate your case and fight to recover the damages you have suffered such as pain and suffering, medical bills, lost wages, and humiliation.

Free & Friendly Case Evaluations

Call us now at 570-371-3737 to speak with us and to schedule a free and friendly consultation in our office located on Public Square in Wilkes-Barre, PA so that we can evaluate your case. Lampman Law is here to help you and ready to fight for the justice you deserve.

If you decide to trust us with litigating your case, we will promptly investigate the scene, document the property condition, and work to preserve any available evidence. Evidence preservation is extremely important in these cases so it is critical to contact a lawyer as soon as possible.

Pennsylvania Slip and Fall Laws

Landlords, business owners, and/or homeowners can be liable for injuries if someone is injured on their property. Property owners have a duty to keep their property free from serious hazards that can cause injuries or be dangerous to the public. Therefore, land owners can be held legally responsible if they do not keep their property free from hazards and it results in someone getting hurt. A person can be injured by a variety of dangers on another’s property. Some common examples are:

• Failure to timely remove snow, ice, leaves, mold, mildew, moss, pollen or algae from a walking path.
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• Uneven, crumbling, cracked or otherwise broken flooring or sidewalks.
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• Wet floors.
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• Insufficient lighting.
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• Failure to install banisters or handrails.
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• Insufficient warning signs and/or barricades.
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• Poor installation and/or property design.
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Identifying the cause of the fall is an important step in litigating these cases. In sum, a lawsuit can not be properly plead without understanding what caused fall and the resulting injuries. This again highlights the importance of a prompt investigation and evidence preservation.

What Duty of Care Applies?

A landowner’s duty to a person on their land changes depending upon which of the above categories the entrant falls into. Determining the category that applies to an injured person is often a complex legal analysis that you should consult with an attorney about.

Therefore, the reason an injured person was on someone else’s property matters. A person traversing another’s land can be an invitee, licensee or trespasser.

• A trespasser is a person on another’s land without permission. In general, a trespasser has the most significant challenges to prove liability.
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• A licensee is a person who has permission to be on another’s land.
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• An invitee is a person that is invited to enter onto another’s land.

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For example, if you enter a businesses premises during their business hours with the intent to purchase goods or services, you would generally be a business invitee and typically in the best position to prove liability.

Damages

What type of damages or the amount of damages a person receives is heavily dependent upon the facts of the case. For example, a person with severe injuries should recover more than a person with less severe injuries. You should consult with an attorney regarding the value of your case.

Defenses

A landowner or business owner will often assert that the injured person is at fault for their injury. However, even if the injured person is partially to blame for the accident, it is still possible to recover damages based upon the landowner’s negligence.

It can be difficult to establish liability in these actions. It is important that you hire an attorney willing to fight for you.

Statute of Limitations

Slip, trip, and fall injury cases have a two (2) year statute of limitations. The time starts to run on the date of the injury. This means that the injured person must file a lawsuit to recover damages within two (2) years of the date of injury. If a lawsuit is not filed within two (2) years from the date of the accident, it may be time-barred from pursuing any claims. You should contact a lawyer as soon as you are able after suffering a fall to preserve your rights.