Philadelphia Injury Lawyer Blog

Thousands of Philadelphia residents walk for leisure or to and from work every day. Millions of pedestrians around the country walk while counting on the safe construction of public and private sidewalks, curbs, and paths. According to Philadelphia personal injury lawyers curbs and public sidewalks are responsible for some of the many slip and fall accidents that cause personal injury each year.

When it comes to curbs, experts find that height makes a significant difference when it comes to public safety. The Pennsylvania Superior Court has recently held that “even a one inch high walkway defect may create liability when it spans multiple feet.” Philadelphia personal injury lawyers report that they have seen many injuries that have come as the result of falls on surface areas like sidewalks and curbs. Injuries can range from minor personal injuries to catastrophic, resulting in paralysis and even death.

These slip and fall injuries can occur on private or public property, and it’s important to find out who is liable. In the recent case of Melchiorre v. Lord’s Valley Xtra Mart, the Pennsylvania Superior Court decided that “although many property owners may not be responsible for extremely small irregularities on pedestrian surface and although no mathematical guideline for triviality exists, the Court will consider the length and general condition of the wider surface area. In this case, the victim’s injuries resulted from a concrete pad surrounding the pumps at a gas station. The Plaintiff, Melchiorre tripped over the pad sustaining permanent injuries. He then filed a suit for negligence. The Court of Common Pleas in Pike County awarded summary judgment to the owners of the property based on the “trivial defect” doctrine.

If you have been involved in a slip and fall accident, contact a Philadelphia slip and fall lawyer to find out about your rights. The new law that requires courts to look closer at several feet of surface area could help your case. Knowing whether or not a property owner is liable for your injuries is important.

Philadelphia transportation officials are warning drivers and pedestrians to beware of icy pavements. Philly drivers are familiar with the dangers of "black ice," the invisible skin of ice that forms on roadways when melting snow refreezes. Philadelphia personal injury lawyers warn pedestrians that the same dangerous condition can be present on pavements and in parking lots. Unshoveled blowing snow that hides treacherous patches of ice from view increases the danger of slip and fall accidents in Philadelphia parking lots (see our previous post).

If you are the victim of a Philadelphia slip and fall accident on snow and ice, Philadelphia personal injury attorneys recommend doing the following:

1. Report the accident immediately or as soon as possible.

2. Seek medical attention if you are injured. Injuries from slip and fall accidents can be serious. A hard fall can break bones. If the person hits his head on the pavement, curb or parked car, the force of the fall can bruise or injure his brain. If the body twists during a fall, the spinal cord can be injured. In many cases, the severity and consequences of an injury cannot be immediately known. Even if you show no immediate signs of injury after a slip and fall accident, pay attention to your body. If muscle aches or headaches develop, seek medical attention.

3. Record ground conditions both where you fell and in the immediate area. Write down a detailed description of the pavement conditions and the location of any obstacles. Note whether the pavement was partially cleared or uncleared, snowy or icy, and any debris in the area.

4. Gather evidence documenting where the accident occurred, name of the landowner or store owner, names and phone numbers of any witnesses, and photos of the accident site and your injuries.

5. Consult a Philadelphia personal injury attorney with experience handling slip and fall accidents.

Another big snow storm is headed toward Philadelphia and with it will come another bout of icy sidewalks, slippery parking lots and slip, trip and fall accidents. More than 16,000 American die each year as the result of personal injuries suffered during slip, trip or fall accidents. Philadelphia personal injury attorneys warn that slip, trip and fall accidents are one of the most common causes of workplace injuries. Slip, trip and fall accidents also account for a significant number of accidents in Philadelphia homes, retail stores and groceries.

Snow and ice covered parking lots and sidewalks increase the risk of slip, trip and fall injuries, Philadelphia personal injury attorneys warn. Parking lots and sidewalks that have been improperly cleared, salted and sanded can leave pavements icy and slippery, creating serious slip and fall hazards. Serious slip, trip and fall accidents can result in lacerations, fractured bones, strained and twisted back muscles, brain injuries and sometimes disability or death.

If you are in a slip, trip or fall accident, Philadelphia personal injury attorneys advise that you always report the accident, even if you don't believe you were seriously hurt. Some bone, muscle and tendon injuries are not noticeable until several hours after the accident occurs. If your accident occurs at a business, you may be asked to sign an incident form. Read the form carefully. Some incident forms are worded to diminish the store owner's liability. Do not sign any document you do not understand or that does not state the facts as your know them. If you do complete or sign a form, ask for a copy. Establishing fault in slip, trip and fall accidents can be complicated. Under the law the property owner or accident victim can be found at fault or liability can be shared by both parties. Consultation with a Philadelphia personal injury lawyer can determine your rights and probable responsibility in a slip, trip or fall accident.

As a Philadelphia injury lawyer, I often receive questions about an injury suffered by someone who slip and fell on a sidewalk or street that was covered with ice and snow. When must a person remove snow or ice from their own sidewalk or property to prevent an accident?

Under Pennsylvania law, the courts have adopted the “hills and ridges” doctrine. This legal doctrine provides that an owner or occupier of land is not liable for general slippery conditions from the natural accumulation of snow or ice following a recent snowfall as long as the owner of the property has not permitted the ice and snow to unreasonable accumulate in ridges or elevations. However, a recent slip and fall case near Philadelphia illustrates that this doctrine only applies where the snow and ice are the result of an entirely natural accumulation and not after negligent or deficient snow plowing and icing.

In Harvey v. Rouse Chamberlin, Ltd., 901 A.2d 523 (Pa. Super. 2006), the Superior Court of Pennsylvania discussed at length the hills and ridges doctrine. In that case, a Philadelphia lawyer brought a lawsuit on behalf of Nancy Harvey when she slip and fell while walking on a street in the Windtree Development in Plumsteadville Township, Bucks County. On a winter day in January, it began to snow in the development and the snow continued through the early morning hours. After it had stopped snowing, and the roads had been plowed, Nancy Harvey decided to take a walk in the development. During her walk, Nancy walked on the sidewalk, but, at times, had to walk on the street as portions of the sidewalk had not been cleared. Nancy observed that some portions of the road were covered with packed down snow from being plowed and that there were patches of cleared asphalt. As Nancy approached the sidewalk in front of a particular home in the development, she observed that there was snow on the sidewalk. Consequently, Nancy decided to walk in the road, which appeared to be clear and dry. While walking in the road, Nancy slipped and fell on black ice and sustained injuries.

Continue reading "Slip and Fall Injuries on Ice or Snow Covered Sidewalk or Street: Do I Have a Case?" »

Norristown, Pennsylvania -- Philadelphia Accident Lawyer Edith Pearce filed a slip and fall lawsuit in Norristown, Montgomery County, Pennsylvania on behalf of her client, Mr. Parker, a Frito-Lay delivery truck driver. Edith Pearce, recently named a 2008 Super Lawyer by Philadelphia Magazine is a native of Montgomery County and started her career working for a defense insurance company in Norristown, Pennsylvania. Attorney Pearce was familiar with the location of the accident and filed suit claiming negligence when Mr. Parker slipped, tripped, and fell when exiting his truck.

Mr. Parker suffered an injury to his shoulder as a result of a slip-and-fall accident occurring on his employer’s parking lot. Mr. Parker received Pennsylvania workers’ compensation benefits. However, Edith Pearce, a Philadelphia and Montgomery County Accident Lawyer filed the lawsuit in Norristown, Pennsylvania against the company who was hired to remove snow and ice to prevent a slip and fall accident and apply salt to the parking lot and premises. At trial, Mr. Parkers’ doctor explained his diagnosis that the slip-and-fall accident either caused or aggravated asymptomatic tendonosis of the right shoulder. A jury trial was conducted in the Court of Common Pleas of Montgomery County. The Montgomery County jury returned a verdict in favor of Plaintiff in the amount of $180,000. Defendant appealed the verdict.

Defendant’s main argument on appeal was that the Defendant only had the responsibility for performing snow and ice removal according to the contract for the parking lot to allow trucks to use the parking lot and avoid any truck accidents. Defendant argued on appeal that it did not have any duty to prevent the slip and fall accident to Mr. Parker. However, on appeal, Edith Pearce, who lives in Montgomery County Pennsylvania and was familiar with the area argued that Defendant owed a duty to make the parking lot safe for employees and other people to walk into or from the parking lot to prevent someone from slipping or falling. Attorney Pearce filed for delay damages because of the delay in time caused by the appeal. The Superior Court of Pennsylvania upheld the verdict in the slip and fall accident and ordered that payment be made in excess of $200,000.

A recent construction injury case decided by a Philadelphia jury illustrates the legal principal of comparative negligence. Many times a client will ask me, “What if I was partly at fault in the accident?” In the case of Bell v. Lafayette College, a roofer fell off a ladder while working in the rain at Lafayette College. He fractured his heel and shoulder and claimed he could not return to work. The Philadelphia jury awarded a $2.38 million dollar verdict. David Beil, 47, sued the college and two contractors, Telesis Construction and Masonry Preservation. The contractors settled during trial for $900,000 each. Beil asserted at trial that despite wet and muddy conditions due to rain, Lafayette College prohibited him and other construction workers from using an indoor stairway to the roof, which would have been much safer to access the roof. Instead the construction worker used a ladder. The defense attorney for the college argued that it was Beil’s own fault for deciding to climb a wet and muddy ladder in the rain without permission. The Philadelphia County jury on Oct. 27 found that Telesis was 50% liable, Lafayette College was 35% liable, Masonry was 10% liable and Beil was 5% liable. It awarded $6.8 million. Because the college was 35% liable, Beil was awarded $2.38 million of the $6.8 million dollar verdict.

This illustrates the legal concept of comparative negligence in a personal injury case, which is one of the main questions to answer in any slip and fall accident. Under Pennsylvania and New Jersey law, you may still recover damages if you are partially at fault, unless a judge or jury finds you to be more than 50% responsible for your own injury. In other words, if you were found to be 40% at fault, and the property owner was found to be 60% at fault, you can recover damages for your slip and fall equal to 60% of the amount awarded by the jury. This is known as "comparative negligence". There is no formula for arriving at a precise number for a person's comparative negligence. You need an experienced slip and fall lawyer to negotiate for your settlement with an insurance adjuster or possibly argue your case to a jury at trial to discuss all of the factors that might have caused the accident.

Source: www.verdictsearch.com.