In snow or ice-related sidewalk fall accidents, liability is determined by two factors: the status of the property owner and the status of the injured party. According to Pennsylvania tort or negligence law, property owners have a variety of duties regarding the maintenance of their property, and these duties vary greatly depending on the type of property at issue: private versus public, residential versus commercial.

In addition, liability typically does not attach in snow/ice accumulation cases unless there was an unreasonable accumulation of snow/ice. The courts in Pennsylvania have adopted a "hills and ridges" standard for snow and ice fall accidents. Under this doctrine, the plaintiff must be able to demonstrate that the snow/ice that caused the accident accumulated to the point where hills and ridges formed.

If you have been injured in a slip-and-fall accident in PA caused by snowy or icy sidewalks, it is important that you contact an attorney right away to discuss whether you have a potential claim. Frequently, laws governing liability leave room for interpretation. It is the responsibility of the victim and his or her attorney to present evidence and convince the jury that the defendant is at fault.

The Status of The Property Owner

In general, commercial property owners have more responsibilities than private property owners. The primary distinction is that commercial property owners directly benefit from the activities that occur on their property. The following are examples of commercial property owners:

• Grocery stores & retail stores
  
  
• Shopping malls and strip malls
  
  
• Gas stations

All of these types of businesses have a general obligation to ensure that their store property is reasonably safe. Due to the fact that they were invited, i.e. they are business invitees, those who shop at such establishments must be shielded from excessively hazardous conditions.

Regarding the condition of sidewalks, owners of commercial property must conduct reasonable and frequent inspections to ensure that hazardous conditions are rectified. If dangerous conditions cannot be eliminated, then warning signs or warning cones are necessary. Failure to comply with these measures may result in liability. Therefore, a grocery store that fails to adequately remove snow/ice from sidewalks may be liable for a slip-and-fall accident involving a customer.

The same principles apply to a homeowner who invites guests into his or her home. For example, a homeowner who fails to salt sidewalks and walkways after a severe winter storm may be liable if a guest slips and falls on an icy sidewalk.

The Status of The Injured Party

In slip-and-fall accident cases in Pennsylvania, the type of duty owed by the property owner depends on the status of the injured party: business invitees, licensees, or trespassers. Typically, invitee and licensee statuses are at issue in the context of sidewalk ice accidents. As mentioned previously, an invitee or business invitee is someone who has been invited to the property. The highest legal obligation owed to invitees is the obligation to inspect the property for defects.

A licensee is a utility worker who is on the property with the owner's implied or express permission. Regarding residential or commercial properties, individuals walking on sidewalks who are not necessarily invited onto the property are deemed licensees. Property owners are only required to post warnings for known or reasonably foreseeable hazards.

A person who is walking on a public sidewalk and slips on ice may have a claim against the property owner in the context of icy sidewalk accidents. To prevail, the snow/ice accumulation must have caused the formation of hills and ridges of snow/ice, or the ice must have been an isolated patch of ice. In a snow/ice fall accident case, a small amount of accumulation is typically insufficient to hold a property owner liable for a licensee's injuries.

Injuries Related to Slip-and-Fall Accidents Caused by Snowy or Icy Sidewalks

A slip-and-fall accident can result in a variety of injuries, some more severe than others. Always seek immediate medical attention after having experienced a slip-and-fall accident. In addition to ensuring the best outcome for your long-term healing, medical treatment will also provide you with documentation of your injuries. If you decide to pursue legal action against the party you believe is responsible for your fall, medical records should prove beneficial. The following are some of the most frequent injuries caused by slip and fall accidents:

• Broken Bones: are painful and clearly indicate an injury.
  
  
• Soft tissue injuries: are frequently undetectable at first glance, making their diagnosis challenging. Wrist or ankle injuries may worsen over time, even if being bundled up for cold weather helps to cushion the impact. Tendon and ligament tears may result in more severe injuries, necessitating prompt medical attention.
  
  
• Head Trauma: Even a minor blow to the head can result in potentially severe head trauma. If you fall on snow or ice and hit your head, you should seek medical attention immediately. Signs of a potentially life-altering traumatic brain injury include swelling, bleeding, and even momentary loss of consciousness. Some head injuries reveal little or no damage until hours or days later, at which point they may appear to be life-threatening.

PA Slip and Fall Accident Attorney Brandon J. Broderick is Ready to Assist Contact us for a Free Consultation Today

If you were injured on a snowy or icy sidewalk due to the property owner's negligence, you may wish to consult with an experienced slip and fall accident lawyer. At Brandon J. Broderick, Attorney at Law, we value compassion and empathy and are eager to assist. Contact us now for a complimentary consultation. We can get you the justice you deserve and any compensation to which you may be entitled, given our track record of success.