Who is responsible if I Slip or Fall On Ice?

In Pennsylvania, the law requires property owners to keep and maintain their property free from dangerous conditions that might injure an "invitee" or "licensee". Invitee or Licensee are legal terms. These basically mean anyone who has a right to be on the property.

Example: You fell on an icy sidewalk or parking lot at a store or business. You went there to buy something, or you were there for any business purpose. In this example you would be a business invitee and the business owner and property owner would be reponsible for any dangerous condition that caused you to slip or fall. This would include untreated snow or ice.

Example 2: You fell on an icy sidewalk of a store or business as you were walking by (you weren't going into the business). You would still be a public invitee. The business would still owe you a "duty" to keep the sidewalk free of any dangerous defects, including untreated snow or ice.

Example 3: You fall walking along a sidewalk of a private residence. Here, the property owner is required to keep their sidewalk clear of any dangerous defects, including untreated snow or ice.

Another example would be a defective condition to a property that causes ice to form. This would include a leaky gutter or downspout, snow piled up in a store parking lot that had melted runoff and then re-froze but was not treated or removed.

If you have been injured as a result of a dangerous accumulation of snow or ice, you could be able to recover wage loss, medical bills, harm resulting from bodily injuries, lost future earnings and other economic losses. The insurance carrier for the property owner may have "med pay" coverage. That is a separate coverage for medical bills. Keep in mind that you may not want to give any type of statement to an insurance company. You may want to speak with a lawyer before giving out any information to the property owner's insurance company. If you have any ability to get a picture of what caused you to fall, you should take the picture as soon as possible. Obviously, the snow or icy condition could and likely will change very soon after your fall. Even if you can get a picture with a camera phone, that is helpful to preserve evidence. If you fell at a store or business and you are able to inform them, you should do so. They may ask you to fill out an "Incident Report". You should be careful about filling out any written statement, particularly if they write it and ask you to sign it.

If you have any questions, feel free to contact us.

David Schreiber
Of Counsel
Law Offices of Thomas Wolpert, PC
(610) 792-3304
www.PAinjurycase.com