Personal Injury Cases: Fall or Trip Injuries Due to an Unsafe Condition
February 10, 2012 By Wolpert Schreiber P.C.
It is the responsibility of property owners and keepers to maintain their property in a safe condition. If they carelessly permit or cause a dangerous condition, they may be responsible for the harms and losses resulting to the injured person. In most states, including Pennsylvania, there may be a legal case if you are injured due to an unsafe condition to property.
The standard is that there must be an "unreasonably dangerous" or unsafe condition existing on the property; and, the property owner or keeper knew or should have known the condition existed.
Examples would be a hole in a floor, steps in disrepair, or a snowy or icy condition.
As to snow and ice, in Pennsylvania, for example, there are different rules depending on what caused the snow/ice to form. If the snow or ice was due to generalized wintry conditions/precipitation, then the injured person must show that the owner or keeper of the property allowed the snow/ice to accumulate into a dangerous condition. Important facts will be when the snow/ice fell-- the property owner/keeper must be allowed a reasonable amount of time to treat the snow/ice. So, if it's still snowing heavily, then that changes the liability.
If you fell at a patch of snow or ice (rather than where the whole walkway or path was covered), then you have to show that the owner/keeper failed to treat the snow/ice.
If the accumulation of snow or ice was due to a defective condition (sometimes called an artificial accumulation), then there would be liability if the owner/keeper knew or should have known of the defective condition and failed to fix it. An example would be a leaking downspout, a hole in the walkway which allowed ice to form or bad drainage.
The owner/keeper with often use the argument that the defective condition was "open and obvious" and that the injured person was not looking where they were going. This will depend on the facts of the case, how visible was the defect or whether the defect was such that a reasonable person should have both seen it and understood its danger before falling/slipping/tripping.
It is very important to take photos as soon as possible of any defective condition that causes your injury. This is to preserve the evidence. The conditions may change or may be repaired afterward and the injured person has the responsibility to prove their case (often called the "burden of proof").
ABOUT THE AUTHOR: David E. Schreiber
David Schreiber is a lawyer in Royersford Pennsylvania. He focuses his practice on personal injury law and insurance claims disputes. He has handled hundreds of cases in State and Federal Court, including complex litigation. He is an experienced lawyer, since 1994.
Copyright Wolpert Schreiber P.C.
More information about Wolpert Schreiber P.C.
Disclaimer: While every effort has been made to ensure the accuracy of this publication, it is not intended to provide legal advice as individual situations will differ and should be discussed with an expert and/or lawyer. For specific technical or legal advice on the information provided and related topics, please contact the author.
Examples would be a hole in a floor, steps in disrepair, or a snowy or icy condition.
As to snow and ice, in Pennsylvania, for example, there are different rules depending on what caused the snow/ice to form. If the snow or ice was due to generalized wintry conditions/precipitation, then the injured person must show that the owner or keeper of the property allowed the snow/ice to accumulate into a dangerous condition. Important facts will be when the snow/ice fell-- the property owner/keeper must be allowed a reasonable amount of time to treat the snow/ice. So, if it's still snowing heavily, then that changes the liability.
If you fell at a patch of snow or ice (rather than where the whole walkway or path was covered), then you have to show that the owner/keeper failed to treat the snow/ice.
If the accumulation of snow or ice was due to a defective condition (sometimes called an artificial accumulation), then there would be liability if the owner/keeper knew or should have known of the defective condition and failed to fix it. An example would be a leaking downspout, a hole in the walkway which allowed ice to form or bad drainage.
The owner/keeper with often use the argument that the defective condition was "open and obvious" and that the injured person was not looking where they were going. This will depend on the facts of the case, how visible was the defect or whether the defect was such that a reasonable person should have both seen it and understood its danger before falling/slipping/tripping.
It is very important to take photos as soon as possible of any defective condition that causes your injury. This is to preserve the evidence. The conditions may change or may be repaired afterward and the injured person has the responsibility to prove their case (often called the "burden of proof").
ABOUT THE AUTHOR: David E. Schreiber
David Schreiber is a lawyer in Royersford Pennsylvania. He focuses his practice on personal injury law and insurance claims disputes. He has handled hundreds of cases in State and Federal Court, including complex litigation. He is an experienced lawyer, since 1994.
Copyright Wolpert Schreiber P.C.
More information about Wolpert Schreiber P.C.
View all articles published by Wolpert Schreiber P.C.
Disclaimer: While every effort has been made to ensure the accuracy of this publication, it is not intended to provide legal advice as individual situations will differ and should be discussed with an expert and/or lawyer. For specific technical or legal advice on the information provided and related topics, please contact the author.
