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Serving Lehigh Valley And Eastern Pennsylvania

Slip-And-Fall Accident Attorney

Legal Insight On

Slip-And-Fall
Accidents

All property owners, including owners of private and government property in Pennsylvania, have a legal duty to keep their premises safe. Therefore, a property owner may be held liable for failing to maintain their premises in safe conditions if someone is injured, or killed because of their negligence.

Whether you fell as a result of broken sidewalks, slipped on a wet floor or icy sidewalk, tripped on debris at a grocery store, or fell on a broken step at a neighbor’s home, or fell due to missing hand rails, your injuries can be severe and life changing.  The mere fact someone was injured on the property does not automatically mean that the owner was liable. In order to establish premises liability, a pedestrian needs to prove that:

    • The defendant occupied, owned, or controlled the property
    • The defendant was negligent in relation to property maintenance which requires that the property owner to have known, or should have known, of the condition
    • The plaintiff was harmed as a result of the defendant’s negligence

It is also possible for a city to be held liable for losses and injuries caused by faulty sidewalks

Everything You Should Know About

Pennsylvania Slip-And-Fall
Accident Injuries

The Top Slip And Fall Attorney in Pennsylvania

If you have suffered injuries in a premises liability incident, you may be entitled to compensatory damages for:

  • Pain and suffering
  • Embarrassment and humiliation
  • Loss of enjoyment or pleasure of life
  • Disfigurement
  • Medical expenses
  • Lost wages
  • Property damage
  • Incidental costs
  • Psychological damages
  • Loss of consortium
Scherline Injury Law

Over 40 Years Of Experience Representing Injured people

PA's Slip-and-Fall Statute of Limitations Explained

A statute of limitations is a law that puts a time limit on your right to have a lawsuit heard in the state’s civil court system. The key thing to know here is that if you try to file your slip-and-fall lawsuit after the deadline set by the statute of limitations has passed, the person you’re trying to sue will bring that fact to the court’s attention, and the court will almost certainly dismiss your case. 

In Pennsylvania, the statute of limitations that applies to your slip-and-fall case is Pennsylvania Cons. Stat. Title 42 section 5524, which says: “an action to recover damages for injuries to the person or for the death of an individual caused by the wrongful act or neglect or unlawful violence or negligence of another” must be brought within two years.

Who Do I Sue in a Slip-And-Fall Liability Case?


An individual who was hurt on another person’s property may file a premises liability claim for damages against any person or company that owns, leases, occupies, or controls the property where the accident took place.

A property owner or manager is responsible for the safety of their premises, even if they delegate maintenance tasks to an employee or hire an independent party who is then found guilty of negligence.

In summary, anytime a hazardous condition contributes to causing injuries, the property owner or manager can be held responsible for the resulting damages. According to respondeat superior laws, the principal will be held liable for the negligence of one of their agents. 

Responsible parties in a slip-and-fall accident suit can include:

  • Stores
  • Employees
  • Restaurants
  • Retail centers
  • Homeowners
  • Business owners
  • Tenants or renters
  • The property management company

Types Of Slip-And-Fall Accidents

There are many types of common slip-and-fall accident cases. All property owners, whether they own a local grocery store or a large government building, are required by law to take reasonable action to protect their guests from being injured while on their property. Basic requirements include at the very least providing sufficient security, proper lighting, and appropriate maintenance.

Below are the most common:

  • Sidewalks and broken sidewalks
  • Swimming Pool Accidents  –

    All property owners have a legal duty to take reasonable measures to make sure that their swimming pool is safe for everyone. Premises liability applies to:

        • All private/residential swimming pool owners
        • All property possessors and/or operators
        • All government property owners of public or school swimming pools
        • All property owners with private/commercial pools that are made available to guests, members, or tenants

    Examples of a property owner’s failure to provide proper pool maintenance and supervision include:

      • Warning Signs. A property owner may be held liable for a swimming pool drowning if he or she didn’t post appropriate warning signs. If there is no lifeguard, warning signs that indicate the depth of the water or “swim at your own risk” need to be clearly visible to everyone. Illegible or hidden signs are insufficient and can subject a property owner to liability.
      • Improper Maintenance. Failure to maintain a pool or pool related safety equipment in good condition can subject a property owner to liability.
      • Negligence. If improperly installed pool equipment causes a drowning, that could count as an example of negligence on behalf of the installers. Another example is an employer who hires a lifeguard and the lifeguard’s negligent supervision causes a drowning.
      • Inadequate Fencing. Pools without fencing are 60% more likely to involve a drowning than a fenced-in pool. If a reasonably careful property owner would have installed adequate fencing, the property owner who failed to do so could be found liable.
    • Stair Accidents

      Maintaining a property also includes repairing damaged stairs and broken steps as well as taking reasonable measures to make sure it is safe for people to use those stairs. If an individual falls down because of hazardous conditions on one of their stairways, such as a missing railing, that property owner can be held liable for any resulting damages.

    • Slip-And-Fall Accidents

      If a spill is not mopped up in a reasonable time frame it can cause falls. Slip-and-falls tend to happen when there are no signs to warn shoppers about a potential slip-and fall hazard. Elderly people are very vulnerable to being seriously injured after a slip-and-fall. Fractured hips are common among older shoppers and can cause permanent disability. According to the National Floor Safety Association, for people aged 65-84 years, falls are the second leading cause of injury-related death; for those aged 85 years or older, falls are the leading cause of injury-related death.

      Slip-and-falls are usually caused by:

      • Faulty or missing railings
      • Leaks or spills
      • Uneven flooring
      • Loose carpets
      • Inadequate or missing warning signs

Available Damages In A slip-And-Fall Case

An injured plaintiff can recover damages for economic and non-economic losses caused by their premises liability claim. Damages include:

  • Pain and suffering
  • Embarrassment and humiliation
  • Loss of enjoyment or pleasure of life
  • Disfigurement
  • Medical expenses
  • Lost wages
  • Property damage
  • Incidental costs
  • Psychological damages
  • Loss of consortium

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Consultation

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If you have been injured in a slip-and-fall accident, you can count on the legal team at Scherline & Associates to fight for you every step of the way. Contact us today to schedule your free case evaluation with a personal injury attorney.

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