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Preliminary objections raised in a slip-and-fall claim

It is not unusual for a party named as the defendant in a personal injury claim to object to various elements of the case. The defendant might take issue with anything from the language of the assertions and jurisdiction to whether it should even be a defendant in the first place.

For instance, a landscaping company named in a slip-and-fall lawsuit recently filed numerous preliminary objections in a case here in Pennsylvania. The objections address different aspects of the claim including the assertions of recklessness, non-specific pleading requirements and insufficient description of negligent actions.

Again, preliminary objections are not unusual, so it is important to be prepared for them. However, you must also understand that these objections are not addressing the merit of your case. Instead, they are raised in response to legal elements of the claim. As noted by Pennsylvania laws, preliminary objections can be filed on the grounds of:

  • Lack of jurisdiction
  • Inclusion of scandalous or disrespectful matters
  • Improper or insufficiently specific pleading
  • Failure to comply with agreements to arbitrate
  • Challenges to a plaintiff's capacity to sue
  • Issues with statutory remedies

Preliminary objections on these grounds can affect elements of a claim like the damages available and the parties who may or may not be named in a negligence lawsuit. However, the claim can still move forward.

Objections and/or an aggressive defense from a negligent party are to be expected in slip-and-fall accidents or any other type accident involving negligence. However, they can be frustrating for plaintiffs who don't understand them,  so it is important to have the guidance and support of an attorney who can anticipate, respond to and make necessary adjustments in light of preliminary objections.

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