Photo of Edward P. Shaughnessy
Photo of Edward P. Shaughnessy

How is fault determined in a Pennsylvania slip-and-fall claim? 

On Behalf of | Aug 10, 2022 | Injuries |

A trip, slip and fall accident can happen when you least expect it. While most slip-and-fall accidents result in nothing more than benign bruises and a little bit of embarrassment, others can be life-altering. 

If you are hurt in a slip-and-fall accident while legally on another person’s property, you may be eligible for compensation as provided for by Pennsylvania negligence laws. However, to claim the damages you are entitled to, you must file your claim within the state’s statute of limitations. In Pennsylvania, this would be two years from the date of your injury.

When can a property owner be held liable?

Pennsylvania uses comparative negligence law when determining fault in a slip-and-fall accident. This apportions the percentage of fault to all parties involved in a slip-and-fall claim depending on their degree of fault or contribution to the incident. As long as you aren’t equally (or more) responsible for your own fall, the property owner may be liable.

Here are two examples of how a property owner might be liable for your fall:

They ignored an existing hazard

Slip-and-fall accidents are caused by hazards like unsafe ladders and stairs, wet floors, loose cables and torn carpets among others. If the property owner was aware of these hazards but failed to take action to fix them, then they might be liable for the resulting damages. 

They failed to give warning about potential hazards

It is the responsibility of the property owner to issue adequate warnings regarding hazards on the property. This can be a slippery floor notice or weak rails. If there is no warning, resulting in an accident, then the injury victim may have a case against the property owner. 

A slip-and-fall accident can result in devastating injuries. Find out how you can pursue the compensation you deserve if you are hurt in a slip-and-fall accident that is not your fault.