Slip and Fall Lawyer: Help After a Fall in Delaware County or Philadelphia

Do you have a slip and fall case?

You may have a case if you fell because of a dangerous condition that the owner or occupier of the property knew about, or should have found with reasonable care, and did not fix or warn you about. The fall itself is not enough; the claim depends on the hazard, how long it was there, and what the owner did about it.

Pennsylvania ties the owner's duty to why you were on the property. Customers and other people invited in for business have the strongest protection: the owner has to guard them against known dangers and against dangers a reasonable inspection would uncover. Social guests are owed less, and trespassers can recover only in narrow circumstances. Broader questions about property owner duties, security and landlord responsibility are covered on our premises liability page.

What you have to prove

Notice is where many fall cases are won or lost. A grape on a supermarket floor that fell a minute before you stepped on it is different from a leak that dripped for days. Surveillance video, cleaning and inspection logs, and prior complaints are the evidence that answers the notice question.

• A dangerous condition existed, such as a spill, torn carpet, broken step, missing handrail, poor lighting, or an unreasonable ridge of ice.
• The owner knew about it, or it existed long enough that a reasonable inspection would have found it. Lawyers call this actual or constructive notice.
• The owner failed to fix it or warn about it in a reasonable time.
• The condition caused your fall and your injuries.

Snow and ice falls and the hills and ridges doctrine

Winter falls are common in Delaware County and Philadelphia, and Pennsylvania courts apply a long-standing rule called the hills and ridges doctrine. When there is a general slippery condition from a recent, natural snow or ice storm, an owner is generally not liable just because a walkway is slick. To recover in that situation, you usually have to show the snow or ice was allowed to build up into ridges or elevations that unreasonably blocked travel, that the owner knew or should have known about it, and that the ridge caused your fall.

The doctrine does not apply in every winter fall. If the ice came from something other than a fresh natural accumulation, such as a leaking downspout, a broken gutter, poor drainage, or snow plowed into a pile that melted and refroze across a path, the owner's own neglect can be the issue and the ridges rule may not protect them. Photos of the spot, weather records and the property's snow removal records all matter.

Falls in stores, restaurants and other businesses

Stores, supermarkets, pharmacies, restaurants and gyms owe customers the highest duty Pennsylvania law gives to people on property. Common causes include spilled liquids and produce, freshly mopped floors without warning signs, merchandise left in aisles, loose mats at entrances on rainy days, and broken parking lot pavement.

Ask the manager to write an incident report and request a copy, or at least note the manager's name. Businesses often have cameras, but many systems record over footage within days or weeks. A lawyer's preservation letter sent early can keep that video from being lost.

Sidewalk falls in Pennsylvania

In Pennsylvania the owner of the property next to a sidewalk is generally the one primarily responsible for keeping it in reasonable repair. A town or city can be responsible for a dangerous sidewalk condition within the right-of-way of streets it owns, but only if it had actual notice or should have known about it in time to fix it, and its liability is secondary to the abutting owner's where it had the power to make that owner do the repair.

Falls on property owned by the City of Philadelphia, a township such as Upper Darby, a borough, or SEPTA raise special rules. Written notice is generally required within six months under 42 Pa.C.S. § 5522, and government immunity rules allow claims only in listed situations and cap the damages. Those deadlines are short, so don't wait to get advice after a fall on public property or at a SEPTA station or stop.

Falls at rental properties and apartments

Tenants and their guests fall on broken stairs, loose railings, unlit hallways and icy walkways. A landlord who keeps control of common areas such as hallways, stairwells, lobbies and parking lots is generally responsible for keeping them reasonably safe. Report the defect in writing, and keep a copy of your complaint along with any texts or emails to the landlord or property manager.

If you were partly at fault

Insurance adjusters often argue you should have been watching where you were going. Pennsylvania uses modified comparative negligence under 42 Pa.C.S. § 7102. Your damages are reduced by your share of fault, and you can recover only if your share is not greater than the combined fault of the defendants. Obvious-hazard arguments are common in fall cases, which is why photos showing lighting, sight lines and the absence of warning signs are important.

What to do after a fall

Personal injury claims in Pennsylvania generally must be filed within two years, and claims involving government property generally need written notice within six months. Evidence like video disappears much faster than that.

Your Legal Warrior handles slip and fall cases on a 100% contingency fee. There is no attorney fee unless we recover. The firm advances all case costs, which are repaid only from a recovery. If there is no recovery, you owe nothing. Call (267) 412-4601, answered 24 hours a day, 7 days a week, or send the free case review form.

• Get medical care right away, and tell the provider exactly how you fell.
• Photograph the spot, the hazard, your shoes, the lighting, and any missing warning signs before anything changes.
• Report the fall to the manager, owner or landlord and ask for a copy of the report.
• Get names and phone numbers of witnesses.
• Keep your shoes and clothing as they were.
• Don't give a recorded statement to the property's insurer before you get advice.