Adequate Warnings Deny Trip & Fall Claim

Posted on: July 10th, 2012       Attorney Thomas Newell

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)