Sidewalk Accident Victim’s Claim Can Go To Trial

Posted on: July 10th, 2012       Attorney Thomas Newell

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)