Injured?

Injured?
Experienced Pennsylvania Injury Lawyers since 1994

Friday, February 19, 2016

Fall on Ice in Pennsylvania and Injured - Do I Have a Case?

Ok, so you were on someone else's property, maybe a store or the landlord's property or a business, and you fell on ice. Maybe it happened in Collegeville or Limerick or Phoenixville? Or somewhere nearby. You're injured and have medical bills. Maybe you're missing work. How do you know if you have a legitimate personal injury case in Pennsylvania? The property owner, or the company responsible for maintenance, is supposed to keep the property safe for people lawfully entering the property. But, the owner/manager has to either know (actual knowledge) or should know (constructive knowledge) that there are dangerous conditions. Usually knowledge is provable when it has snowed. Also, it is important as to when the winter weather happened in relation to when you fell. If was still snowing or had just stopped, then it's harder to prove fault. Because, the responsible people need to have had a reasonable amount of time to remove the snow/ice before you fell. The more time that went by, the stronger the argument is that they were negligent for failing to clear the condition or treat it properly with salt, etc. It also matters whether you fell due to generalized snowfall or ice (that is, the snow and ice is everywhere). If so, then you must prove the defendant allowed the snow/ice to accumulate so much that it created "hills" or "ridges" that caused you to fall. That can be a tough case sometimes. If you fell due to an "artificial condition" on the property that caused a patch of ice, then that may be a cause for liability. For example, a leaky gutter or downspout that caused water to drip and pool and then refreeze. There can be challenging facts in these types of cases. If you feel you may have a case due to a fall on ice, you should contact a personal injury lawyer that has experience in that area of law. You should especially look for a lawyer who has personally handled cases like yours in Court, including the County where you were hurt. Ask the lawyer if they have handled such cases all the way through to a trial. If the defendant or insurance company for the defendant attempts to contact you for a statement, you should first speak with an experienced lawyer. There are also important items of evidence to consider such as photos, as well as witnesses. Timing is important. You may also want to promptly report the incident. If it's a business or landlord, then you should notify them directly. But, again, avoid giving any statements until you speak with a lawyer.
If you have any questions, feel free to contact us. We have successfully handled many fall on ice cases in both Federal and Pennsylvania State Courts. Our firm has over 60 years of combined experience, including injury cases like yours.