Serving: Royersford, Collegeville, Pottstown, Limerick Douglassville, Phoenixville, Boyertown, Gilbertsville, Chester County, Montgomery County, Berks County. David Schreiber, Attorney at Law Wolpert Schreiber P.C. We work for your case. Emphasis on Car Accidents, Injury Law, Civil Litigation, Insurance Cases. (610) 792-3304. No fee until we recover for you. www.thomaswolpert.com www.PAinjurycase.com
Saturday, May 7, 2011
Do I have a personal injury case?--Injured from Fall on Ice in Montgomery County?
Ok, so you fell because of ice, maybe in Collegeville, Pottstown, Royersford, Limerick or elsewhere. How do you know if you have a valid personal injury case?
It will depend partially on where you fell. Was it on the property of a business or an individual? Businesses are held to a higher standard of care to keep their property cleared.
It will also depend on what caused the ice to form and how long the ice had been there. Pennsylvania law requires that there be an unreasonably dangerous condition that the property owner knew or should have known about; and, that the landowner failed to treat or remove the dangerous condition. If there was a defective condition on the property that caused the ice to form (such as a leaky drain spout or a hole in a walkway), that is a clear example of an "artificial condition". Those are a strong argument for liability. Otherwise, if it is simply ice that formed as a result of precipitation, then there are two possibilities. One, if it was an isolated patch of ice (versus generalized icy conditions in the area), then the test is how long the property owner had to clear or treat the ice and what efforts if any they made to do so. If you fell in an area where there was a large solid sheet of ice, then there must have been a large enough amount of precipitation that it caused a "dangerous accumulation" of snow/ice that the property owner failed to treat or clear.
It is important to get photos of the area or condition where you fell if possible. Any witnesses to your fall or to the condition where you fell will be important.
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