Slip and fall accidents happen. While going about your daily activities while walking along a Pennsylvania sidewalk, you slip and fall and sustain an injury. Whether it be snow or ice or a crack in the sidewalk or uneven pavement that triggers the slip and fall, you still manage to sustain serious injuries. 

Upon experiencing this type of injury, who carries liability for your injury? Who else might be liable besides yourself? We will provide answers to some of those questions in this article. Despite the importance of conducting your own research, it is always wise to consult with a Pennsylvania slip and fall attorney to ensure that you have thoroughly considered all relevant factors.

Property owners have a variety of duties with regard to the upkeep of their premises, as specified by Pennsylvania tort and negligence law. The extent of these duties varies significantly based on the nature of the property in question—private versus public, residential versus commercial.

Liability is generally absent in cases involving snow or ice accumulation, unless the accumulation was deemed unreasonable. In Pennsylvania, the courts have applied a "hills and ridges" standard to snow and ice fall accidents. As per this doctrine, the plaintiff is obligated to provide evidence that the accumulation of snow and ice leading to the formation of hills and ridges was sufficient to cause the accident.

An individual who has suffered injuries as a result of a trip, slip, or fall on another party's property may file a personal injury claim known as a slip and fall lawsuit. To be entitled to compensation, the claimant must establish that the property owner's carelessness or negligence caused the accident, not his or her own.

What Legal Options Do I Have Following a Slip-and-Fall Accident? Who is Responsible for the Accident?

In Pennsylvania, whether or not a public entity is liable for a slip-and-fall accident on a sidewalk is dependent on a number of factors, including any particular conditions that might have contributed to the injury. A public entity would typically be held liable for an accident if it was aware of the contributing hazard but failed to take steps to correct it. A claim against the owner of private property may be brought for injuries sustained on the property.

You may file a lawsuit against the municipality if you fell due to an unsafe and maintenance-required sidewalk. In order for you to win in a lawsuit against the municipality, you must provide evidence that the city, which in this instance is a municipality in Pennsylvania, negligently managed public property and caused the injury. It is possible to use the pavement's cracking, unevenness, or erosion as evidence, for instance.

Consult with an attorney specializing in slip-and-fall accidents if the municipality does not respond to a citizen's (your) request for information.

The burden of proof in a slip-and-fall case lies with the injured party. Although it is certain that the municipality or the owner of the private property will gather evidence to attempt to disprove the claim, it is still possible to receive compensation for damages, even if you share some responsibility for the injury. In accordance with Pennsylvania's modified comparative negligence statute, an individual who is deemed to be partially liable may be eligible for reduced compensation. Jurors and judges will determine the proportion of fault that you share.

A claimant may still pursue a damage award in a modified comparative negligence state, provided that he or she was not found to be more at fault than the other parties. Pennsylvania follows a 51% rule. This means that a plaintiff may recover damages in Pennsylvania if their fault is less than 51%. You can be no more than 50% at fault for causing an accident. However, it's crucial to note that under the pure contributory negligence standard, your share of responsibility for the accident will reduce the amount of damages awarded.

How is Fault Established in a PA Slip and Fall Accident?

If you or a loved one suffered from a slip-and-fall accident on a Pennsylvania sidewalk, you might wonder how to establish fault for the accident.

It might be difficult to prove that someone else's negligence was the cause of the fall. You must demonstrate that the owner either deliberately created the conditions that contributed to the fall, that they were aware of the hazard but chose not to address it, or that they had been present for a substantial length of time that would have allowed the owner to reasonably address them but failed to do so.

To be successful, you must prove the following:

• Duty of care: Property owners are required by Pennsylvania's slip and fall laws to ensure that pedestrians and authorized visitors to their premises are not injured. This duty of care requires that the dangers of a potential fall hazard be mitigated through the installation of a suitable warning system or the correction of the defect in question. The duty excludes anyone trespassing on the premises or engaging in excessively careless behavior that caused their injuries.
  
  
• Causation: By neglecting to maintain the premises to reasonable standards, the negligent property owner established the circumstances that contributed to a hazardous slip-and-fall incident.
  
  
• Causation: The party's actions must be what led to the slip and fall incident.
  
  
• Damages: For a slip-and-fall lawsuit to be filed in Pennsylvania, compensable, verifiable damages are required. This may consist of medical expenses, wage loss, and other costs.

On government-owned property, slip-and-fall incidents occur on public sidewalks, in parks, and even at the post office. Due to their duty to safeguard the public from potential dangers, municipalities and cities may be held liable for any negligence that results in a slip-and-fall incident. In Pennsylvania, filing a personal injury lawsuit against a government agency is subject to certain restrictions.

For instance, within six months of the incident, the victim must deliver written notice of their intent to pursue legal action; failure to do so will result in the forfeiture of their claim-filing rights. In addition, the total amount of compensation that a victim may obtain is subject to legal limitations. Document the specifics of your slip and fall accident to prove that the property owner was irresponsible, regardless of who was at fault. Photos, videos, names, and the contact details of witnesses are vital to your claim. Pennsylvania requires proof of negligence in order to prevail in a slip-and-fall lawsuit. An experienced Pennsylvania slip-and-fall attorney can assist victims in preserving their legal rights and holding negligent property owners liable.

What is the Deadline to File a Slip and Fall Accident Claim in Pennsylvania?

Slip and fall injuries are very serious and must be treated appropriately. This involves seeking medical attention and initiating legal proceedings for personal injury without delay. Waiting too long to file your personal injury case may give the impression that the injuries sustained were not severe and that you had no issue with waiting to address them in court. Timely filing of the claim assists in demonstrating the severity of the injuries sustained and the urgent need for compensation.

The filing deadline for a claim is based on the date the injuries occurred. The "statute of limitations" in Pennsylvania stipulates that all personal injury cases must be filed within two years, as stated in 42 Pa.C.S. § 5524(2). The start of the clock for slip and fall, trip and fall, and comparable injuries occurs on the date of the accident. You then have two years from that date to have your attorney draft and file with the court any necessary complaints and other documents. It is very important that you consult with an experienced slip and fall attorney immediately regarding your claim.

Brandon J. Broderick is Available to Assist You With Your PA Slip and Fall Accident Claim

Although a negotiated settlement with the property owner's insurance company resolves the majority of slip and fall claims, this is a laborious process that typically begins with a lowball offer. Having the representation of a seasoned slip-and-fall attorney can mean the difference between securing fair compensation and enduring a difficult struggle to recover your losses. Should the need arise, your attorney can take your claim to trial, if necessary, in order to seek the highest possible compensation.

It is crucial to consult with a knowledgeable Pennsylvania slip and fall attorney who possesses extensive experience in personal injury law prior to initiating legal proceedings. Brandon J. Broderick has the experience and track record necessary to help you win your case.

Hiring a personal injury attorney in Pennsylvania, such as Brandon J. Broderick, does not cost anything up front. Because our fees are contingent, we are compensated only if we win your case.

Contact our office for a complimentary consultation today.