Trip & Fall Recovery for Business Invitee

Posted on: July 10th, 2012       Attorney Thomas Newell

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)