While the phrase slip and fall might not sound serious, it is shocking to many to discover just how many people suffer serious injuries in Pennsylvania slip and fall accidents and how expensive these injuries can be. In fact, slip and fall accidents are the greatest cause of injuries in hotels, restaurants and public buildings. In addition, they are the most common reason for visits to the emergency room. At Fairlie & Lippy we understand how serious and expensive these accidents are. We will zealously pursue your claim to fight for the compensation available to you under the law.
Slip and fall is the generic term for a personal injury that is under the umbrella of “premise liability” cases. This term refers to a situation where an individual suffers injury on premises that somebody else owns or maintains, and the owner or possessor of the premises has to pay for the injuries. Generally, slip and fall cases occur when someone slips or falls as a result of a dangerous or hazardous condition on someone else’s property. Pennsylvania law protects pedestrians from businesses and homeowners that fail to ensure their property is safe for others. If a person or business fails to keep their property safe for others it may be possible to pursue a claim for negligence.
Dangerous conditions that typically give rise to slip and fall accidents include:
- Snow and ice
- Hidden defects in the ground
- Improperly placed signage
- Cracks in the sidewalk
- Steps in disrepair
- Wet floor surfaces
- Things left on the ground in blind places
Snow and Ice:
There are many special rules with regard to slip and fall cases that should be carefully followed. For instance, where there is snow or ice on the ground, Pennsylvania’s Hills and Ridges doctrine may apply. Under the Hills and Ridges doctrine, the owner doesn’t have to clear a natural accumulation of snow or ice the moment it falls unless it’s man-made (runoff from gutters, puddles, etc.) or develops hills and ridges. This doctrine is very confusing and best understood in a thorough consultation with a knowledgeable attorney. For instance, this doctrine can bar a suit for a slip on fall on black ice. However, there are circumstances where a suit based on black ice is proper.
Other Dangerous Conditions:
In all slip and fall cases, the injured party must demonstrate that the owner of the property is liable. In most cases, to establish liability the injured party must show that the property owner was negligent and his or her negligence was the cause of the injuries sustained.
When is a property owner “negligent”?
The critical issue in many slip and fall cases is the same. How was a reasonable property owner expected to act in the particular situation that caused the injury? A person is negligent when he or she fails to act like an “ordinary reasonable person” would have acted. A jury at trial usually decides whether a given person has met the “ordinary reasonable person” standard. Generally, a property owner is responsible for injuries that occur as a result of a dangerous or hazardous condition on their property, which the owner knew about, or should have known about (known as “constructive notice”).
What damages are recoverable for slip and fall cases?
Depending upon the facts of your case, the following damages may be recoverable:
- Medical bills and out of pocket expenses
- Lost income from work
- Compensation for pain and suffering
- General damages
Can a trespasser recover damages in a slip and fall lawsuit?
Whether a trespasser may file suit against a property owner and recover damages depends on the circumstances of the case. Generally, a trespasser may recover damages for a slip and fall if the property owner knew (or should have known) that a trespasser was on the property and didn’t keep the property in a hazard-free condition.
What should I do if I have suffered a slip and fall injury?
If the injury occurred at work or at another commercial entity an accident report should be completed. This report should document the injury including what happened, if there were any witnesses, and circumstantial conditions (such as the lighting or the weather). Many businesses have these reports as a matter of policy. However, if a report is not available, or if the injury occurred on a public path or a private residence, take the time to write down your recollection of what happened. This will strengthen your claim by articulating details that may be difficult to recall later on. Include information such as:
- The date and time of the slip and fall
- A description of the circumstances surrounding the slip and fall
- Who was around at the time of the slip and fall and/or helped afterwards; if available, include written record of the comments made by these witnesses
- Take photographs of the area where the slip or fall occurred as soon after the accident as possible
- If you were physically injured, have your injury treated by a medical professional immediately to help substantiate your claim. If you delay treatment, the defendant will likely argue that it wasn’t the slip and fall that caused your injuries. They’ll say that it was some cause in between your slip and fall and your doctor visit.
How long do I have to file a claim?
Every state has certain time limits, called “statutes of limitations,” which determine the time frame within which one who slips and falls can file a claim. The statute of limitations for Pennsylvania slip and fall cases is two years from the date of the slip and fall. Once the limit has expired, you will have waived your ability to obtain compensation from the property owner at fault. There are narrow exceptions to this rule, therefore, it is important to contact a well-versed personal injury attorney as soon as possible to ensure that you receive the best possible recovery available to you under the law.
Why Fairlie & Lippy?
At Fairlie & Lippy, we have handled cases against businesses and homeowners for issues such as broken sidewalks, wet supermarket floors, poorly designed staircases and doorways, failing to salt or remove snow and ice, and unsafe delivery areas. Additionally, through our investigation we have found defects in the way buildings were maintained that caused repeated problems, such as improper drainage of water or other maintenance deficiencies. In April 2018 we were involved in a settlement of $200,000.00 for a client who slipped on a bilco door along the sidewalk and suffered a concussion.
If you or a loved one has suffered an injury in a fall, you need a knowledgeable and experienced personal injury attorney on your side. If you have suffered a slip and fall, or other premise liability injury in Philadelphia, Bucks or Montgomery County, contact Fairlie & Lippy. We can investigate your claim and help you obtain the best recovery possible for your injuries.
