Slip and Fall Accidents in Pennsylvania
In The News
You may have seen the story in the news recently about the Walmart in Erie, Pennsylvania that was sued in a slip and fall case. Xavier Rios was shopping in Walmart and used the restroom. While in there, he slipped on a puddle of water on the floor and injured himself.
Rios brought suit, attempting to win against the superstore on his claim. However, just last month, a judge granted summary judgment in favor of Walmart. According to the court, the restroom Rios used had been marked by an orange caution cone at the time of the fall. As for the puddle, Rios did not prove how long the water had been in the bathroom before he slipped, or how it had gotten there. Given that it was a bathroom, it’s possible it was wet due to customers washing their hands. Additionally, Rios was supposed to use a walking cane, but he did not.
Pennsylvania Statutes
So how do slip and fall cases work? A slip and fall accident is considered to be a personal injury, and it is usually due to negligence on the part of the owner of the property. This usually occurs when there is a slippery surface present that would cause the plaintiff to slip, such as a wet floor, icy or snowy sidewalks, or a spill that has not been cleaned up. These are known as “hazardous conditions” and can be permanent or temporary.
The heart of the matter of these cases is who is at fault. Sometimes, it is the property owner, who failed to create safe conditions for guests. Other times, as seen in the Walmart case, the plaintiff may be at fault for ignoring signs or warnings about the hazardous condition. It all depends on whose duty it was to notice the condition, and who failed to do so. These cases will often go to court to determine who is at fault and what the damages will be. Examples of the types of damages that may be owed in these situations are medical bills, lost wages, pain and suffering, or physical disability.
In Pennsylvania, the statute of limitations for these cases states that the claim must be brought within two years of the injury. This means that, if you’ve been injured, you should contact an attorney as soon as possible so that you have a chance to bring your case. If you wait longer than the two years, for example if you don’t realize the extent of your injuries until then, it will be too late to bring the case. This can be a complicated area of law, where dates matter and much evidence needs to be gathered. Working with an experienced attorney would be very beneficial.
Contact Us
If you or someone you know has experienced a slip and fall incident and been injured, contact our skilled Bucks County personal injury attorneys at Kevin L. Hand, P.C. for help. Our experienced adoption attorneys can help you determine whether you are within the statute of limitations, and move forward with your case.
Resources:
pennrecord.com/stories/513869317-walmart-victorious-in-slip-and-fall-lawsuit-after-arguing-the-plaintiff-has-injury-prone-past
legis.state.pa.us/WU01/LI/LI/CT/HTM/42/00.055.024.000..HTM
