Slip and fall accidents can be tricky because the natural instinct is usually to blame the fall on the person who fell down. Victims and property owners alike are not likely to see the ways that the property owner or another party could be at fault, leading to questions about liability when these cases go before a judge.
Generally, liability is determined by looking at which parties did something wrong. In cases where the property owner is blamed, there are usually serious mistakes in property upkeep, issues with snow or ice, or other dangers that make the property owner at fault. When victims are blamed, it is often because they were being inattentive or were drunk at the time of the fall. In many cases, other parties might also be partially at fault.
For help with a slip and fall case, call the Philadelphia slip and fall lawyers at The Reiff Law Firm right away at (215) 709-6940.
Who is at Fault for Slip and Falls in Pennsylvania?
The first thing to do when determining liability in a slip and fall is to look at who could be at fault. Slip and falls could touch on the actions or inactions of a few different parties that could potentially share fault. Our Abington, PA slip and fall lawyers have to look at each of these parties and their potential involvement in the accident to see if they could share fault, then we can move onto the analysis of whether their actions do indeed qualify for partial liability.
Property Owner
The owner of the property is usually responsible for maintenance and upkeep on the premises, so it is often their fault if some danger caused you to trip or slip and fall down. Homeowners need to clear snow, repair their walkways, have handrails on steps, clear spills and leaves, and more.
The same kinds of issues exist for owners of commercial properties, but there is a caveat: many of those property owners are not actually involved in the day-to-day operations at the property.
Property Operators/Tenants
Instead, the responsibility for cleaning floors, shoveling sidewalks, etc., could shift to the company, tenant, or other party that operates on-site at the property. For example, in a rented commercial space, the lease agreement will turn over responsibility for these kinds of things to the store operator rather than the commercial property management company.
The same kind of thing is true for tenants in apartments: the areas inside the unit are going to be their responsibility for the most part, not the apartment owner’s. So if you slipped and fell in a friend’s apartment, it would be their fault, not the landlord’s.
Landlords/Property Management
In some situations, the landlord or property manager might be different than the property owner. This might be splitting hairs, but it is important to be precise in the law.
In apartments and other rented spaces, there are often common areas that the landlord is still responsible for. For example, stairwells, parking lots, sidewalks, hallways, and laundry rooms are all usually kept clean and safe by the property manager and their maintenance staff, not the individual tenants in apartment units. The same is true in places like strip malls and indoor shopping malls, where the common areas might be kept up by the mall itself, not the individual stores.
Workers
Stores and businesses are operated by individual people. A lot of the spills and neglected upkeep can be pinned on an individual worker or a group of workers, making them potentially at fault.
However, an important rule called respondeat superior usually allows injury victims to make the worker’s employer answer for the worker’s mistakes. This means that you usually will not sue some 20-year-old worker who failed to mop up a spill in a grocery store, but rather the grocery store itself.
The Victim
Victims are not always 100% innocent. Sometimes people fall down or slip because they were not looking where they were going. People too focused on their cell phones might be considered partially at fault, but the law in Pennsylvania usually allows partial recovery in these situations.
People might also be drunk or under the effects of other substances, causing them to lose their balance or slip more easily. If they got themselves drunk, this is likely to cut against them as well – but if they were drugged or had a drink spiked, that is likely not on them.
Other Parties
Sometimes, other people in the area or even reckless pranks cause slippery surfaces. For example, someone who drops a stack of flyers on a wet sidewalk and leaves them there could create a dangerous slipping hazard. Additionally, kids turning a hose on on the sidewalk on a cold winter day or greasing up a school hallway as a prank would likely be at fault when someone slips and gets hurt by the hazard they created.
Determining When Liability Applies in Slip and Fall Cases in Pennsylvania
As mentioned, parties need to have actually done something wrong for their actions or inactions to create legal liability. Any of the parties listed above could be at fault if they violated a legal duty they owed the victim.
These duties are usually determined by looking at what is reasonable in a given situation. Property owners and operators must take reasonable steps to keep the area safe for guests, passersby, and customers, which is the most common duty in these kinds of cases. Other duties appear on a case-by-case basis.
The violation of the duty does not need to be intentional and usually comes from an oversight or recklessness.
Courts can assign partial fault to each party, including the victim, potentially making multiple parties listed above at fault for the accident. Victims in Pennsylvania can usually recover compensation under 42 Pa.C.S. § 7102 as long as they are not more at fault than the defendant(s).
Call Our Slip & Fall Lawyers in Pennsylvania Today
If you were hurt in a slip and fall, call the Bethlehem, PA slip and fall lawyers at The Reiff Law Firm at (215) 709-6940 for a free case assessment.
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