SLIP AND FALL SETTLEMENTS
Bucks County PA $212,500.00
A Perkasie, PA slip and fall victim settled his case for $212,500.00. A couple bought a home in Perkasie. The hill next to their house was very steep and the developer ignored their request that it be re-graded. As the Perkasie resident was cutting the hill, he slipped and his right foot went under the lawn mower.
The Bucks County slip & fall victim’s four toes werepartially amputated and he was rushed to Grand View Hospital in Sellersville, PA. Surgery was performed to stabilize the amputated toes and save as much of the digits as possible. The Perkasie resident had a lot of trouble walking after his release from the hospital. A tarsal tunnel release surgery was performed at North Penn Hospital in Lansdale, PA.
Although the surgery did improve his ability to walk, the Lansdale surgeon informed the Perkasie resident that he would have permanent nerve damage. Unfortunately, the developer’s insurance company claimed that the homeowner’s negligence caused the tragedy because of the way he cut the hill and his choice of footwear.
Attorney Newell did not accept their claim of comparative negligence by the victim and quickly filed a lawsuit in the Bucks County Court of Common Pleas in Doylestown, PA. After Depositions were taken and the case was listed for trial, the Bucks County Pennsylvania slip and fall lawyer obtained a $212,500.00 settlement for the Perkasie resident.
Please CONTACT ME to have a Pennsylvania slip and fall attorney with over 30 years of personal injury experience review your PA slip & fall case.
Monroe County PA $87,500.00
A Monroe County PA fall down case was concluded with an $87,500.00 settlement payment. An elderly woman was at a Stroudsburg area car dealership. While talking to the salesperson, she became distracted and fell over the edge of the front stairs. A dangerous condition existed since there were no railings to prevent such a fall.
The Stroudsburg PA fall victim was taken by ambulance to Pocono Medical Center in East Stroudsburg PA. X-rays showed that she had multiple fractures to her right tibia and fibula. After her admission to Pocono Medical Center, she was operated on by a Pocono Mts. orthopaedic surgeon. The surgery was described as an open reduction and internal fixation of the right tibial plateau. Two plates with screws were used to stabilize the fractures.
After her discharge from the hospital, she went to the Stroud Manor in Stroudsburg for a week of recuperation and specialized care. Once the Monroe County resident returned home, a visiting nurses’ association from the Poconos provided her with ongoing care for several months. She was left with a permanent scar on her knee. The Stroudsburg Pennsylvania slip and fall attorney was pleased to obtain an $87,500.00 settlement for the Poconos personal injury victim.
Montgomery County PA $80,000.00
A Montgomery County PA slip & fall case settled for $80,000.00. A man was walking out of an office complex by Route 202 when he slipped and fell on black ice. Snow that was piled up on a grassy area near the entrance had melted and ran across the pedestrian walking area.
The negligent landlord did not put salt or cinders down and the water froze over. There was a lack of adequate lighting and no warning signs. The pedestrian landed on his right shoulder/right arm. He was in extreme pain and was transported to Mercy Suburban Memorial Hospital. The Pottstown PA slip and fall victim was diagnosed with a right shoulder anterior-inferior labral tear.
Surgery was performed at Pottstown Memorial Medical Center. His surgeon performed a right shoulder arthroscopy with anterior-inferior repair and a subacromial decompression. Once there was a full recovery, the Montgomery County PA slip and fall lawyer obtained an $80,000.00 settlement for his injured client.
**Past settlements/verdicts obtained by Attorney Thomas J. Newell in other PA slip and fall cases were evaluated according to their specific facts. They do not guarantee a specific result in your Pennsylvania slip & fall case.
Northampton County PA $75,000.00
A Bethlehem, PA trip and fall victim obtained a $75,000.00 payout due to a fall at an Easton, PA grocery store. As she turned a corner, the Bethlehem resident’s foot hit some empty boxes which an employee had negligently discarded at the end of an aisle. After her fall, x-rays taken at Lehigh Valley Hospital in Allentown, PA showed a displaced left humerus surgical neck fracture.
The Lehigh Valley trip & fall victim was admitted to St. Luke’s Hospital in Bethlehem. Surgery was performed – an open reduction andinternal fixation of the fracture site with the installation of rods. Once the fracture site had healed, the Bethlehem resident endured nearly 20 painful physical therapy sessions with a Lehigh Valley specialist. Shortly thereafter, the Bethlehem Pennsylvania trip and fall attorney negotiated a $75,000.00 payment for his client.
Lehigh County PA $70,000.00
A Lehigh County Pennsylvania trip & fall victim received a $70,000.00 payment after being hurt at a Lehigh Valley grocery store. The elderly woman was entering the store when the automatic door opener malfunctioned causing her to lose her balance and fall to the ground. The x-rays obtained at Lehigh Valley Hospital in Allentown, PA indicated that she had a broken hip.
The Lehigh Valley trip and fall victim was hospitalized for 7 days to recuperate after surgery on her fractured hip. She was discharged to Good Shepherd Rehabilitation in Allentown, PA where she received 11 more days of treatment. Her Allentown orthopaedist monitored her condition, as did a Lehigh Valley area Visiting Nurses Association. The Lehigh Valley trip and fall lawyer obtained a $70,000.00 settlement within a matter of months after being hired.
Please visit SLIP AND FALL FAQs to read Attorney Newell’s answers to some frequently asked questions of Pennsylvania slip & fall/trip & fall victims.
Northampton County PA $60,000.00
A Bethlehem Pennsylvania slip & fall victim obtained a $60,000.00 payout after a fall on a sidewalk in Bethlehem. A woman was about to enter the building where she worked when she slipped and fell on snow and ice that had negligently been left to accumulate on the sidewalk.
Initial medical care for her shoulder injury was rendered at St. Luke’s Hospital in Bethlehem. She treated with a Lehigh Valley physiatrist but the physical therapy did not improve her condition. An MRI was taken which showed an impingement syndrome and a partial rotator cuff tear of the right shoulder.
The Northampton County PA slip and fall victim was operated on by a Bethlehem surgeon who performed an arthroscopic acromioplasty and an arthroscopic subacromial decompression. A lawsuit was filed in the Court of Common Pleas of Northampton County, Pennsylvania against the contractor whose duty it was to perform snow & ice removal at the facility.
During the course of discovery, Attorney Newell proved that hills and ridges existed at the time of his client’s fall. This evidence established that the negligent condition existed for a lengthy period of time. The Bethlehem PA slip and fall attorney settled the lawsuit for $60,000.00.
Lehigh County PA $60,000.00
A Lehigh Valley, PA slip and fall victim settled his claim for $60,000.00 after a fall at a Lehigh Valley truck depot. The trucker got out of his rig to inspect the rear of the trailer when he slipped on black ice. There was minimal lighting in the area and no one had placed any salt or cinders in the area even though 2 other truckers had previously fallen there.
The Lehigh County resident sustained a fractured coccyx, as well as a low back disc herniation. A Bethlehem, PA doctor prescribed epidural steroid injections which were administered at a Quakertown medical facility. A Lehigh Valley physical therapist put him thru a rigorous exercise regimen to rehabilitate his low back.
The Lehigh County Pennsylvania slip and fall attorney negotiated a $60,000.00 settlement with the insurance companies for the snow removal company and the property owner.
Please go to CLIENT REVIEWS to read letters from many of Attorney Newell’s Pennsylvania personal injury clients reviewing their experiences with him.
Bucks County PA $50,000.00
A Bucks County, Pennsylvania trip and fall victim obtained a $50,000.00 payout after a fall at a building complex. Inexplicably, there was a large boulder by the edge of a parking lot. The area had previously been illuminated by 5 separate lights. Several months before the trip and fall, the Bucks County property owner had disconnected the 5 lights and replaced them with one large light which illumination was partially blocked by a large evergreen tree.
One evening the Bucks County resident parked her car and as she walked to a nearby sidewalk, her foot hit the boulder and she fell to the ground. The doctors at Grand View Hospital in Sellersville, PA diagnosed her knee injury as a ruptured medial collateralligament. Surgery was required and she underwent an anterior cruciate ligament reconstruction.
Attorney Newell used photographs of the scene to prove the dangerous condition of the parking lot. The Bucks County PA trip and fall attorney settled the case for $50,000.00.
Northampton County PA $50,000.00
A Northampton County Pennsylvania slip & fall victim received a $50,000.00 settlement after a fall at a Lehigh Valley bar/restaurant. It was snowing and sleeting as he was leaving the building. He slipped while walking down the ramp and his right leg was pinned beneath him. The Lehigh Valley slip and fall victim was treated at Easton Hospital for a displaced distal fibular fracture.
Surgery was required for the broken leg – an open reduction and internal fixation. The Northampton County resident developed a deep vein thrombosis. Medications, including Coumadin, were used to break up the blood clot. Once his medical care concluded, he was left with a permanently reduced range of motion in his right ankle.
The insurance companies representing the property owner and the business both denied legal responsibility by claiming that the Pennsylvania slip & fall victim was to blame for the fall. Attorney Newell filed a lawsuit in Northampton County and took the depositions of the owners and their employees.
The Lehigh Valley slip & fall lawyer proved that the roof was inadequately constructed since it did not provide adequate cover for the only entrance into the building. The employees’ testimony was so contradictory that it permitted Attorney Newell to argue that the defendants could not prove they had actually salted and cleared the ramp. Soon thereafter, the Northampton County PA slip and fall attorney negotiated a $50,000.00 settlement amount.
Please visit HOME for information regarding Attorney Newell’s experience and qualifications to represent Pennsylvania slip and fall/trip and fall victims.
Lehigh County PA $50,000.00
An Allentown PA slip and fall accident resulted in a $50,000.00 payout. A truck driver was delivering product for a Lehigh County company. After she had unloaded and parked her rig, she went to the rear of the trailer to check her equipment. The driver slipped and fell after encountering hills and ridgesof snow and ice that had built up in the parking lot throughout the day.
The doctors at Lehigh Valley Hospital in Allentown PA diagnosed her injuries as a comminuted displaced fracture of the patella and a torn patella tendon. An Allentown, PA surgeon performed surgery which included an open reduction and internal fixation of the patella and a repair of the torn patella tendon. The Lehigh County slip & fall victim used a knee immobilizer with no weight-bearing on her injured leg for 2 months post surgery.
Attorney Newell filed a lawsuit versus the property owner, as well as the Northampton County snow removal company that was contracted to perform snow removal duties at the site. After the parties’ depositions were taken, a mediation session was held in Easton, Pennsylvania. The Allentown Pennsylvania slip and fall lawyer obtained a $50,000.00 settlement which the truck driver gladly accepted.
Monroe County PA $30,000.00
An East Stroudsburg, PA slip and fall victim received $30,000.00 after a fall in a grocery store on Rt. 611 near Stroudsburg PA. As the Monroe County resident was walking through the produce aisle, she slipped and fell on a wet leaf of lettuce that had been dropped by a store employee who was stocking shelves. The physicians at Pocono Medical Center in East Stroudsburg, Pennsylvania treated her for low back injuries.
The Poconos slip & fall victim was referred to a Stroudsburg area neurologist. An MRI of her lumbar spine showed that she had a herniated disc. An EMG provided an additional diagnosis of lumbar radiculopathy. The East Stroudsburg resident received nerve block injections and physical therapy. Once her medical care ended, the Monroe County Pennsylvania slip and fall attorney negotiated a $30,000.00 payment for the personal injury victim.
To review his qualifications to serve as your PA slip and fall lawyer, please see Why Attorney Newell
Monroe County PA $27,500.00
A Monroe County PA slip & fall victim obtained a $27,500.00 settlement after a fall at a Poconos business. While making a delivery, he slipped on water and wet soggy cardboard residue that had been negligently left on the floor which clogged up a drain. As the Monroe County resident was falling to the concrete floor, he instinctively put out his left hand to break his fall.
The Poconos slip and fall victim had an x-ray of his left hand taken at Pocono Medical Center in East Stroudsburg, PA. He suffered a displaced fracture of his left thumb. Even though a cast was placed on his left hand, the fracture site did not heal correctly. Surgery was required – an open reduction and internal fixation of the left thumb.
The defense adjuster alleged that the PA slip & fall victim didn’t look where he was walking. He also disputed the description of the scene of the fall. Attorney Newell obtained eyewitness testimony from one of the workers in the plant which substantiated the Pocono Mts. resident’s version of the facts. The Stroudsburg Pennsylvania slip & fall lawyer obtained a $27,500.00 settlement for his client.
Northampton County PA $26,000.00
A Northampton County PA slip and fall victim received a $26,000.00 settlement after a fall at a Lehigh Valley roller rink. A group had rented out a local roller rink. As the woman began to skate, her rented roller skates locked and she lost her balance after encountering a warped and uneven portion of the wooden rink. There had been a leak in the roof and the floor had not been repaired prior to its use by the church group.
She was taken to Easton Hospital where x-rays showed that she had 2 fractures of her right wrist. She wore a cast for nearly 2 months and also underwent 15 sessions of physical therapy and chiropractic manipulations for her low back pain. After her broken wrist had healed, the Northampton County slip and fall lawyer obtained a $26,000.00 settlement for the L.V. personal injury victim.
Northampton County PA $21,000.00
An Easton PA trip & fall victim accepted a $21,000.00 settlement after she fell while walking on the sidewalk near her Easton home. She tripped and fell on the concrete sidewalk in front of her neighbor’s home. X-rays taken of her right hand at Easton Hospital showed a comminuted and impacted intra-articular fracture of the distal end of the radius, as well as a fracture of the ulnar styloid process.
The Northampton County PA trip and fall victim received physical therapy at Easton Hospital for the 2 broken bones in her right wrist. Once her Wilson orthopaedist discharged her, Attorney Newell began settlement negotiations with her neighbor’s homeowner’s insurance company.
The defense adjuster argued that there were 3 reasons why the Easton resident was at fault for the trip and fall accident: (1) a daytime fall with perfect visibility; (2) she was very familiar with the sidewalk in front of her neighbor’s home and, (3) if it really was a dangerous condition, why hadn’t she fallen there before?
The Pennsylvania trip and fall attorney successfully argued that the 3″ height differential between the concrete slabs was very significant. This defective condition clearly existed for a long time which provided the homeowner with many opportunities to fix it. Attorney Newell also noted that an application of a small patch would have been a simple and effective way to make the sidewalk safe. The Easton Pennsylvania trip and fall lawyer obtained a $21,000.00 payout from the Defendant’s homeowner’s insurance company.
Lehigh County PA $20,693.00
An Allentown Pennsylvania slip and fall victim agreed to a $20,693.00 settlement after he fell at his apartment complex. The Lehigh Valley resident was taking some trash to the outside receptacle when he slipped and fell on black ice. A snow plow contractor had pushed snow to an area above the trash dumpster.
During the day, the snow melted, ran down in front of the dumpster and then froze after the sun went down. The gentleman received medical care at Sacred Heart Hospital for a dislocated shoulder. His injury was monitored by a Lehigh Valley area orthopaedic surgeon.
The Allentown PA slip & fall attorney negotiated with insurance representatives for the apartment complex and the snow removal contractor and obtained a total payout of $20,693.00.
Northampton County PA
A Slate Belt slip and fall accident occurred in Pen Argyl PA when a woman was leaving her apartment. The landlord had let an accumulation of snow and ice build up after a snowstorm and she fell on the sidewalk breaking her left leg.
The Northampton County Pennsylvania slip and fall victim was taken by ambulance to Easton Hospital. She had a left tibia fracture and a left fibula fracture. Her Lehigh Valley orthopaedic doctor placed her in a full leg cast. A Bangor PA family doctor prescribed medication for the blood clot which developed in her left leg.
The insurance company for the property owner refused to settle the case. The Lehigh Valley slip & fall attorney filed a lawsuit in Northampton County, litigated the claim at the Arbitration Hearing held in Easton PA and, thereafter obtained a settlement for the Slate Belt resident.
Northampton County PA
A Bethlehem PA fall down victim was injured when a handrail pulled apart from the stairway as he was entering his apartment. The fall on the concrete stairs resulted in a comminuted displaced fracture of his left humerus. He was examined at the emergency room of St. Luke’s Hospital in Bethlehem. A Lehigh Valley orthopaedic specialist provided follow-up care for the broken arm.
Since the landlord’s insurance company would not make a settlement offer, Attorney Newell filed a lawsuit in Northampton County. After the depositions of the tenant and landlord were taken, the Bethlehem PA trip and fall lawyer successfully argued that the poor condition of the handrail put the landlord on notice that repairs were required. The Northampton County PA personal injury claim ended with a settlement a short time later.
Since 1981, Thomas Newell has represented PA slip and fall victims. The settlement value of each Pennsylvania trip & fall or slip & fall case varies. Important factors include the specific injuries of the Pennsylvania slip and fall victim, the negligent condition of the property and the prior knowledge of that condition by the business or homeowner.
Attorney Thomas Newell provides the content of this website for your information only. Nothing provided in this website should be interpreted as being legal advice. The laws in the Commonwealth of Pennsylvania regarding personal injury law are constantly changing. You are strongly advised to hire a slip and fall attorney licensed to practice law in Pennsylvania.
PA Slip and Fall
Sidewalk Accident Victim’s Claim Can Go To Trial
A 2010 decision by the Superior Court of Pennsylvania overruled a trial court decision and permitted a PA slip & fall case to proceed to trial. A woman was walking in front of an insurance agency. The concrete slabs that made up the sidewalk were uneven. As the slip and fall victim stepped on a gap between the uneven concrete slabs, she slipped and fell.
The Pennsylvania slip & fall victim sustained an ACL tear, a lateral meniscal tear and an ankle sprain. Her PA slip and fall attorney filed a lawsuit against the property owner. Evidence showed that the height differential was approximately 1-1/2″. The defendant’s Motion for Summary Judgment was granted by the Somerset County Court of Common Pleas. Her Pennsylvania slip & fall lawyer filed an appeal.
Pennsylvania law mandates that property owners have a duty to keep their sidewalks in a reasonably safe condition for travel by the public. Property owners must maintain their sidewalks so that they do not present an unreasonable risk of harm to pedestrians. A pedestrian is not required to keep his/her vision fixed continually on the ground immediately in front of them to discover possible points of danger. The PA slip & fall victim was entitled to present her case to a jury. Mull v. Ickes, 994 A.2d 1137 (Pa. Super. 2010)
Slip & Fall Victim’s Claim Dismissed Due to Release
A Dec. 2009 ruling of the Superior Court of Pennsylvania concurred with the decision of a Philadelphia County Trial Judge to dismiss the claim of a PA slip and fall victim. A security guard was working at an oil refinery owned by one of her employer’s clients when she slipped and fell on snow & ice. Her PA slip & fall attorney sued the property owned. The Defendant’s attorneys claimed that a release she signed with her employer barred her case.
The Appeals Court affirmed the lower court decision to dismiss the slip and fall claim due to the release language. The contract waived her claims against any clients of the employer so long as she received Worker’s Compensation benefits for her injuries. The claim by her attorney that the release language violated public policy was rejected. The Pennsylvania slip and fall victim was only able to receive payment for her medical bills and partial reimbursement of her lost wage. Bowman v. Sunoco, Inc., 986 A.2d 883 (PA Super. 2009)
Jury’s Role to Decide – Location of Slip and Fall
A 2009 Decision by the PA Superior Court permitted a Northampton County slip and fall victim to present her personal injury claim to a jury. A woman slipped and fell at her apartment complex in the Lehigh Valley. When the parties could not agree to a settlement, her Bethlehem slip and fall attorney filed a lawsuit versus the landlord.
After depositions were taken, the Defendant’s lawyers filed a Motion for Summary Judgment. They claimed that the slip and fall took place on snow covered grass and that the injury victim’s decision to not use the sidewalk prevented any finding of negligence against them. The Northampton County Trial Judge agreed and dismissed the slip and fall lawsuit.
The PA Superior Court overruled the Trial Judge’s decision. Witnesses who came to help the victim testified that they found her by the curb separating the sidewalk from the parking lot. Her medical records contained statements such as ‘fell on ice in driveway’ and ‘slipped on ice and fell.’ The Appeals Court ruled that it was up to a jury to hear all of the evidence and make its own conclusion as to where the victim fell and what legal duty the landlord owed to her. Turner v. Valley Housing Development Corp., 972 A.2d 531 (Pa. Super. 2009)
Trip & Fall Recovery for Business Invitee
A 2009 PA Superior Court decision upheld a Philadelphia County decision in favor of a Pennsylvania trip and fall victim. As a man was unloading a delivery truck he tripped and fell over an elevated bumper on the loading dock. The injuries included a right knee meniscus tear and lumbar radiculopathy.
The Pennsylvania trip & fall attorney filed a lawsuit against the property owner. The Trial Court ruled that the victim was a business invitee and was not required to be on alert to discover defects which were not obvious. The property owner had a duty to keep its premises safe for business invitees and to warn them of potential hidden perils which it knew or should have known of in the exercise of reasonable care.
A jury heard the evidence and found that the property owner permitted an unreasonably dangerous condition to exist and that it failed to replace, fix or lower the bumpers. The property owner was found to be 70% at fault for the trip and fall, and comparative negligence of 30% was assessed to the victim. Motions filed by the defense lawyers were dismissed by the Trial Judge and the Pennsylvania Superior Court. Walker v. Drexel University, 971 A.2d 521 (PA Super. 2009)
PA Slip & Fall Case To Go To Trial
A November 2009 Lawrence County Court of Common Pleas Decision permitted a Pennsylvania slip and fall claim to proceed to trial. A woman prepared and served food at the Defendant social club. She and a friend arrived one evening to clean the deep fryers in preparation for a social the next day. The Plaintiff slid on the tile floor as she was carrying a tray of boiling grease and water from the fryer. The grease and water spilled on the woman and she suffered burns and scarring to her arms, legs and buttocks.
Her Pennsylvania slip & fall attorney filed a lawsuit versus the social club alleging negligence. The Defendant filed a Motion for Summary Judgment alleging that its floor was not in an unreasonably dangerous condition, it did not have actual or constructive notice of the alleged dangerous condition and, the condition of the floor was open and obvious to the slip and fall victim.
The parties agreed that the injured woman was a business invitee under PA law. Pennsylvania law requires that when a property owner has previous knowledge that a slippery substance accumulates on the floor, the owner must take steps to warn all of the problem and mop the floor regularly or place a rug in the area to help avoid a fall. Here the slip & fall victim presented evidence that the tile floor beneath the fryer was dangerous because oil frequently spilled from the fryer onto the tile floor which did not have any mats on it that day.
Testimony that mats were previously used in that area but were stored outside that day due to the previous caterers’ failure to remove them while cleaning the tile floor. The President of the property owner agreed that mats should always be used when the fryers were being operated in order to reduce the possibility of a slip & fall accident. Judge Cox denied Summary Judgment. Blakely v. St. Marguerite’s Mutual Beneficial Society, Court of Common Pleas Lawrence County PA No. 11079-2008 (Nov. 10, 2009 J. Cox)
Adequate Warnings Deny Trip & Fall Claim
An October 2009 ruling of a Beaver County PA trial judge dismissed the legal claim of a Pennsylvania trip and fall victim. A woman was attending her granddaughter’s birthday party at a local bowling alley. A step separated the area by the bowling lanes from the restrooms. As the grandmother walked to the bathroom entrance, she tripped and fell.
The PA trip & fall attorney filed a lawsuit against the business owner alleging injuries to his client’s shoulder & knee, as well as facial lacerations. The defense lawyers filed a Motion for Summary Judgment which was granted by the Beaver County Court of Common Pleas.
The step was painted a bright yellow and it contrasted with the dark carpet. A warning sign of ‘Watch Your Step’ was posted outside the bathroom and the lighting was quite good. Judge Kwidis stated that there was no duty to protect the business invitee from an open and obvious dangerous condition when the risks of encountering the situation are obvious. Orlowski v. Jimmy Magg’s, Inc. (C.P. Beaver Co. Oct. 27, 2009)
Hills & Ridges Jury Verdict
A Lackawanna County PA slip and fall victim fell while exiting a VFW Post in Moscow Pennsylvania during a snowstorm. He allegedly sustained some physical injuries and lost time from work. A settlement could not be reached and the Pennsylvania slip & fall attorney filed a lawsuit. At the conclusion of the trial, the jury found the Defendant to be 55% at fault and the Plaintiff 45% comparatively negligent.
Lawyers for both parties filed post-trial motions. The Lackawanna County Trial Judge denied the Defendant’s Motion to Reject the jury’s decision on liability. The Court found that there was sufficient testimony for the jury to conclude that snow had accumulated in ridges or elevations that unreasonably obstructed travel and was a danger to persons traveling on the walkway. Shebaugh v. Michaels Memorial Post 5207, Lackawanna County, 05CV243 (Aug. 4, 2009)
Case Dismissed After Slip & Fall on Black Ice in School Parking Lot
A June 2009 legal opinion by Judge John Rufe of the Bucks County PA Court of Common Pleas denied post-trial motions filed by a Bucks County slip and fall attorney. The slip & fall victim fell on black ice in a school bus parking lot owned and maintained by the Bensalem Township School District.
At trial, the woman testified that although the parking lot had been plowed, it was icy and slippery. Snow had fallen the night before and testimony was provided that described general icy conditions on the area roads that morning. At the conclusion of the three day trial, the Bucks County jury ruled in favor of the school district as the Plaintiff did not meet her burden to prove negligence on the part of the Defendant. Tucker v. Bensalem Twp. School District, 82 Bucks Co. L. Rep. 687 (2009)
City Immune From Liability After Slip & Fall on City Sidewalk
An October 2008 ruling by the PA Supreme Court clarified the law regarding Pennsylvania slip & fall claims vs. local government entities. A person fell on a sidewalk in front of a city police station. Their PA slip and fall attorney proved that the city didn’t remove ice and snow from the sidewalk after a snowstorm. The lawyer also placed into evidence proof that the city allowed its employees to park on the sidewalk – making the dangerous condition worse.
In overturning a verdict for the PA slip and fall victim, the Pennsylvania Supreme Court held that the local government agency had no liability. The Pennsylvania slip and fall lawyer could not prove all of the following legal requirements: a dangerous condition, foreseeable risk of harm to the plaintiff, the local agency had actual knowledge of the dangerous condition and, the local gov’t entity had time to take corrective measures. Reid v. City of Phila., 957 A.2d 232 (Pa. 2008)
Landlord Out-of-Possession Liable if Retained Control Over Defective Portion of Property
A PA Superior Court Decision permitted a Pennsylvania slip and fall victim to present her personal injury claim to a jury. An employee of a furniture store was walking to her car in a parking lot by the rear entrance to the store when she fell. Her Pennsylvania slip and fall lawyer filed a lawsuit versus the property owner. It was alleged that the landlord negligently permitted water runoff, as well as snow and ice to accumulate in a depression in the parking lot causing a dangerous condition.
The attorney representing the parking lot owner filed a Motion for Summary Judgment which was granted by the Court of Common Pleas of Allegheny County. The Trial Court ruled that the Defendant was a landlord out of possession and not liable for injuries suffered by a 3rd party on the leased premises because the property owner did not owe a duty to someone not a tenant.The Pennsylvania slip and fall attorney filed an appeal to the Superior Court of Pennsylvania. A specific term of the lease between the property owner and the furniture store stated that the tenant could not make any structural repairs or alteration without the landlord’s consent. The Appeals Court ruled that this language showed there was a material issue of fact as to whether the landlord continued to exercise control over the alleged defective portions of the property. Therefore, the PA slip and fall victim was entitled to have her day in court. Jones v. Levin, 940 A.2d 451 (Pa. Super. 2007)