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Holding a Property Owner Liable for a Wintertime Sidewalk Fall

Icy and snowy sidewalks are common hazards during the winter months, often causing slips and falls that lead to injuries. Property owners have a legal duty to maintain safe conditions on their premises, including abutting walkways. In Pennsylvania, liability for slip and fall accidents generally hinges on whether the property owner was negligent in remediating hazardous conditions such as by failing to shovel snow, apply salt or sand or take other reasonable measures to prevent slippery surfaces.

Property owners can be held liable if it is proven that they knew or should have known about the dangerous condition and failed to address it within a reasonable timeframe. However, Pennsylvania recognizes the "storm in progress" defense, also known as the “hills and ridges” doctrine, which provides some leniency to property owners. Under this doctrine, a property owner is not expected to remove snow or ice while a storm is actively occurring. They are allowed a reasonable amount of time after the storm has ceased to clear the hazardous conditions. The definition of reasonable time can vary based on factors such as the severity of the storm, the time of day and other circumstances.

Slips and falls on slippery sidewalks can leave a victim with injuries ranging from minor bruises to severe or life-altering conditions. These may include fractures of the wrist, arm, ankle or hip; head injuries, including concussions and traumatic brain injuries; back and spinal cord injuries; and soft tissue damage like sprains and strains. Severe injuries can bring significant medical expenses, lost income due to time off from work and long-term health issues.

There are steps you can take to protect your legal rights after a slip and fall accident. Document the scene of the accident by taking photographs of the hazardous conditions, such as ice patches, lack of snow removal or inadequate lighting if the accident was after dark. If there were witnesses, get contact information. Report the incident to the property owner or manager and keep a copy of a written report. You should keep the boots or shoes you were wearing and do not use them, in order to preserve evidence of the tread. You should not give a statement to an insurance company until you have spoken with an attorney.

Prompt medical evaluation and treatment are important not only for your health but also to document a connection between the accident and your injuries. Medical records are critical for pursuing a legal claim. After addressing your immediate medical needs, contact a personal injury attorney who is experienced in slip and fall cases. An experienced slip and fall attorney can help you navigate the legal process, gather evidence, negotiate with insurance companies and pursue the compensation you may be entitled to for medical expenses, lost wages and pain and suffering.

If you have been injured in a slip and fall accident on an icy or snowy sidewalk, reach out to Phil DiLucente & Associates, LLC in Pittsburgh, Pennsylvania. Call us at 1.800.GET.PHIL or contact us online to make an appointment for a free initial consultation.


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