Tim Rayne

Pennsylvania Car Accident & Personal Injury Lawyer

Tim Rayne

Pennsylvania Car Accident & Personal Injury Lawyer

Slip and Fall Accident

Five Tips to Avoid Wintertime Liability for Pennsylvania Slip and Fall Accidents

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How to Avoid Unexpected Liability For Wintertime Slip and Falls

Winter is not over yet.  We are nearly guaranteed to have ice and snow in Chester County Pennsylvania in February or even early March.  Snow and ice lead to Slip and Fall accidents, injuries and legal liability.

Here are 5 Tips to Avoid Legal Liability from Slip and Fall Accidents caused by Snow and Ice:

Define Who is Responsible for Snow and Ice Removal and Treatment

In landlord/tenant situations, the issue of who is responsible to plow, shovel and treat snow and ice should be clearly defined in the Lease.  The landlord should spell out who must clear driveways, parking lots and sidewalks.  If responsibility is placed on the tenants, the Lease should provide that that tenant assumes all liability for slips and falls and the lease should require the tenant to purchase liability insurance.  In situations where a business or home has frontage on a public sidewalk, the property owner should research who is legally responsible to clear the sidewalk, the property owner or the municipality.

Promptly Shovel Snow and Salt Ice

Although Pennsylvania has favorable laws providing some protection to property owners from liability relating to snow and ice storms, ice and snow should be cleared promptly after a storm.  Often municipalities will have Ordinances specifying how quickly shoveling must be done.  Research and follow Ordinances and do your best to clear snow and treat ice in a timely manner.  If you allow it to remain and someone falls and is injured, you may face a legal claim.

Don’t Forget to Salt Spots that Melt and Re-freeze

After the initial snow or ice clearing, it is common to have melting and refreezing, which can create dangerous ice patches.  To minimize melting and freezing issues, think about where and how you pile snow.  Be sure to establish a regular schedule to salt and sand ice patches.  If possible, have a written schedule and keep records of your work.  This information would be helpful in defending a slip and fall lawsuit.

Be Mindful of Gutters, Downspouts and the Slope of the Property

Ice patches often result from defective gutters or downspouts or improperly designed or maintained parking lots, driveways or sidewalks which allow water to collect and freeze.  Be sure to conduct regular maintenance to prevent ice patches.  Also, have and maintain proper railings on stairways.

Make Sure that You are Adequately Insured

Make sure that adequate liability insurance is purchased which will cover slip and falls on ice and snow.  Falls can result in serious injuries, like broken hips or spine damage.  Liability coverage should be high enough to pay for serious injuries.

Wintertime can be beautiful, but also dangerous.  Snow and ice can result in slip and fall accidents and costly lawsuits, but the risks can usually be eliminated or managed through proper planning and insurance.

Tim Rayne is a Personal Injury and Slip and Fall Lawyer with the Chester County Pennsylvania law firm MacElree Harvey.  For over 25 years, Tim has been helping injured accident victims receive fair compensation from insurance companies.  Tim regularly represents Slip and Fall victims who have been injured in falls on snow or ice.  Tim has law offices in Kennett Square, West Chester and Philadelphia.  Tim can be reached at 6108400124 or trayne@macelree.com or you can check out Tim’s website at www.TimRayneLaw.com.

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Supermarket Punished for Deleting Security Video Regarding Slip and Fall Accident

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The Pennsylvania Superior Court recently decided an important case, Harriet Marshall v. Brown’s IA, LLC, relating to the obligation of a supermarket to preserve videotape evidence in a Slip and Fall case. Ultimately the Court decided that the Shoprite Supermarket should have preserved more surveillance video than it did and that its failure to preserve the evidence amounted to improper conduct that should have been sanctioned at trial.

The Slip and Fall Accident

On August 6, 2014 at about 8:54 a.m. Harriet Marshall was shopping at the Island Avenue Shoprite in Philadelphia.  She was getting a pepper in the produce department when she slipped and fell on water and aggravated a pre-existing injury to her neck and back.  Ms. Marshall reported the accident immediately and the store manager completed a report.

The Preservation of Video

Approximately two weeks after the fall, Ms. Marshall’s lawyer sent Shoprite a letter asking that Shoprite preserve video of the accident from 6 hours prior to the accident to three hours after the accident.

Ms. Marshall’s slip and fall was captured on the store’s video surveillance system but the quality of the video was not sufficient to show any spill on the floor.

However, Shoprite decided to preserve only 37 minutes of video before the accident and 20 minutes after and permitted the remainder to be automatically overwritten after 30 days.

The Controversy at Trial

At trial, the lawyer for Ms. Marshall asked that the Trial Judge give the Jury a Spoliation Instruction because of its failure to preserve all of the video that had been requested.

Spoliation is the wrongful distraction of or failure to preserve relevant evidence.

If Spoliation occurs, then the Jury can be given the following instruction:

”If a party disposes of a piece of evidence before the other party had an opportunity to inspect it, and the party who disposed of the evidence should have recognized the evidence was relevant to an issue in this lawsuit, then you may find that this evidence would have been unfavorable to them, unless they satisfactorily explain why they disposed of this evidence.”

The Judge refused to give the Spoliation Instruction and Shoprite won the case.

Ms. Marshall appealed stating that the Judge’s failure to give the Spoliation Instruction was an error and required a new trial.

Pennsylvania Law on Spoliation

Spoliation is defined as the non-preservation or significant alteration of evidence for pending or future litigation.

Trial Courts are given discretion to impose a range of sanctions for Spoliation including: entry of judgment against the offending party, exclusion of evidence, monetary penalties such as fines and attorney fees and adverse instructions to the jury.

Spoliation sanctions arise out of the common sense observation that if a party has notice that evidence is relevant to litigation and then destroys the evidence, then it is likely that the evidence would have been damaging to the party who failed to preserve it.

Spoliation sanctions attempt compensate those whose legal rights are impaired by the destruction of relevant evidence by creating an adverse inference against the party responsible for the Spoliation.

This levels the playing field by allowing the Jury to conclude that the evidece, if preserved, would have been damaging to the party that destroyed it.

The Superior Court Sanctions Shoprite

The Superior court agreed with Ms. Marshall that Shoprite destroyed important evidence that was relevant to her Slip and Fall claim and that the Trial Court should have given and adverse instruction to the Jury.

Ms. Marshall’s lawyer asked Shoprite to presereve extensive video and yet Shoprite preserved less than an hour and destroyed the rest.

The Superior Court noted that if the video had been preserved then it may have shown relevant events including:  someone dropping something on the floor, evidence of other people slipping the the same area or evidence of store employees inspecting the area.

All of those things would have been relevant in the Slip and Fall case but could not be invesigated because the video was not preserved.

In the end, the Superior Court decided that a new trial was necessary and that Ms. Marshall was entitled to an adverse instruction due to Shoprite’s Spoliation of evidence.

Tim Rayne is a Personal Injury Lawyer with the Chester County Pennsylvania Law Firm MacElree Harvey.  For over 20 years, Tim has been helping injured accident victims receive fair treatment from insurance companies.  Tim Rayne has offices in Kennett Square and West Chester Pennsylvania.  Contact Tim at 6108400124 or trayne@macelree.com.  

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Do I Have a Claim If I Slip and Fall on Ice?

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Do I have a claim if I Slip and Fall on snow or ice?  It’s one of the most common questions that I get as a Pennsylvania Slip and Fall Lawyer.  The answer is, it depends, but you should photograph the condion that caused you to fall, report it to the property or store owner immediately and then seek legal advice.

Slip and Falls During Storms

It can be difficult to win a Slip and Fall case that involves a fall that happened during or shortly after a snow or ice storm.  This is because winning a Personal Injury Case in Pennsylvania requires proof that someone was Negligent or Careless and caused the accident.

Property Owners or Tenants have a responsibility to keep their properties reasonably safe, especially if the property is used for public or business purposes.  Nevertheless, the law recognizes that Winter storms present challenges.  Sidewalks and parking lots cannot be kept free of Slip and Fall hazards at all times.  When snow or ice is falling, it’s impossible to remove it immediately and continuously.

Hills and Ridges

The law requires Property Owners or Tenants to use reasonable care and make the property safe after the storm.  If there is an unreasonable delay and the snow or ice is left untreated and forms “Hills and Ridges” that cause a Slip and Fall, then legal liability for injuries will exist.

Slip and Falls Caused By Melt and Refreeze

For Slip and Falls occurring at a time other than a Snow or Ice Storm, liability is easier to prove.  Again the Property Owner or Tenant in possession of the property has a duty to use reasonable care to keep the property safe.  Everyone knows that, after a snow or ice storm, melting and refreezing occur which can create dangers ice patches that are Slip and Fall hazards.

The person in control of the property is obligated to use reasonable care to treat those patches with salt, sand or calcium chloride to try to make them safe to walk on.

If you Slip and Fall and are injured on ice from melting and refreezing, then you may have a valid legal claim for compensation for your injuries.

How Can a Property Owner Defend a Slip and Fall Claim

A Property Owner or Tenant in possession can uses several Defenses to try to avoid liability for a Slip and Fall Claim.

First, if the claim involves a Snow or Ice Storm, it can argue that was not Negligent because it used reasonable care to clear the property.  After storms, Slip and Fall cases can be defended by arguing that reasonable care was used to inspect the property, shovel snow and ice and diligently treat ice patches.

Other Slip and Fall Defenses include Assumption of the Risk and Comparative Negligence.

The Assumption of the Risk Defense can be used if the injured person admits that he/she saw the ice or snow and yet voluntarily chose to walk through it.  In such a case, the Defense can argue that the person knew about the danger and assumed the risk of falling so no legal claim can be made.

If successful, the Assumption of the Risk Defense eliminates all liability.

Another Defense is Comparative Negligence.  This defense is used if the injured person does not admit to seeing the condition ahead of time.  Comparative Negligence is a Defense that asserts that the injured party was careless for not seeing the condition and/or not walking carefully to avoid slipping and falling.

If successful, the Comparative Negligence Defense can eliminate liability altogether or simply reduce the recovery of the injured Slip and Fall victim.  If the victim is found Comparatively Negligent and More that’s 50% responsible for causing the fall, then liability is eliminated entirely.  However, if the Comparative Negligence is less than 50% then the amount reduces the victim’s recovery proportionally.

For example, if the Jury finds that the Property Owner was 80% Negligent and the victim was 20% Comparativley Negligent, then any compensation awarded to the victim would be reduced by 20%.

If you have been injured in a Slip and Fall on snow or ice in Pennsylvania and would like to discuss your legal rights, please contact me at 6108400124 or trayne@macelree.com.

Tim Rayne is a Slip and Fall Lawyer with the Law Firm of MacElree Harvey.  For nearly 25 years Tim has been helping injured victims of accidents receive fair treatment from insurance companies.  Tim has offices in Kennett Square and West Chester Pennsylvania and offers Free Consultations for injured victims os Slip and Fall Accidents.  Contact Tim at 6108400124 or trayne@macelree.com.

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Defective Downspout Causes Slip and Fall on Ice Leading to $95,000 Settlement

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The Dangerous Downspout and Slip and Fall Accident

The apartment complex had one building which was an accident waiting to happen.  The other buildings were designed and constructed safely.  The roofs had gutters and downspouts that were piped into the underground sewer system.  This led to water from the roof being safely routed underground.

However, one building was different.  Instead of routing the roof runoff underground, the downspout discharged the water directly onto a sidewalk.  This was fine for most of the year, but not for Winter in Pennsylvania when temperatures range from well above to well below freezing.

The result was predictable.  Snow and ice gathered on the roof of the building during a storm and then melted in the warm daytime sunshine.  The melting ice and snow was transformed into water that ran into the gutters, down the downspout and out onto the sidewalk in front of the building.  In the cold early evening, the water on the sidewalk froze, creating a Slip and Fall hazard.

When my client, a deliveryman, exited his truck that evening he did not notice the clear ice on the sidewalk.  When his foot hit the ice, a cartoon-like fall ensued and he landed with his full weight on one hand, sending a force up his arm that snapped the rotator cuff tendon in his shoulder.

After Physical Therapy and medicines failed to cure the pain and loss of use, the deliveryman had an MRI that confirmed the need for a surgical repair.  More lost time from work and medical bills followed.

Legal Claims

Under Pennsylvania law, delivery people are Business Invitees and are owed the highest degree of care by the property owner to prevent unnecessary harm from accidents including Slip and Falls.  Delivery people are on the property to perform work and it is understood that the property owner will inspect and repair the property so that it is safe for deliveries, or in the alternative the property owner must warn the delivery person of any hidden dangers.

If the property owner fails to make the property safe or fails to warn of the dangerous condition and a Slip and Fall injury occurs, then the property owner is legally responsible to pay fair compensation to make up for the harm.

The Harm and Fair Compensation

Pennsylvania law provides that injured victims of Slip and Fall accidents are entitled to be fully and fairly compensated.

Victims are entitled to compensation for Economic Damages, like Medical Bills, Out-of-Pocket Expenses and Lost Wages.  They are also entitled to Non-Economic Damages, which consist of compensation for Pain and Suffering, Disability and Disfigurement.

In this case, the harm was significant.  The delivery person sustained a torn rotator cuff requiring extensive medical treatment, including shoulder surgery.  He had medical bills and lost income since he could not work for weeks after the surgery.

The ultimate value of a Slip and Fall case is determined one of two ways, either through the Insurance Company and the victim agreeing to a Settlement, or through a Jury Verdict after litigation and a trial in Court.

Although we had to file a lawsuit in order to get fair compensation, this case resolved through a Settlement rather than a Jury Trial.  The client was pleased not to have to endure the stress and risk of a Trial.  In the end, the Insurance Company paid $95,000 to make up for the injuries and harm caused by the defective gutter and drain pipe design.

Tim Rayne is a Slip and Fall Personal Injury Lawyer with the law firm MacElree Harvey.  Tim has law offices in Kennett Square and West Chester Pennsylvania.  For over 20 years, Tim has been helping injured victims of Slip and Fall accidents receive fair compensation from insurance companies.  Contact Tim Rayne at 6108400124 for a Free Consultation regarding your injury claim.

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Five Tips to Avoid Liability for Winter Slip and Fall Accidents

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As a Personal Injury Lawyer I help many clients deal with insurance companies after being injured in Slip and Fall accidents on snow and ice.  Slip and Falls can result from just bad luck or from Negligence of the property owner or a tenant.

Here are some thoughts on how avoid Wintertime liability for Slip and Fall Injuries altogether or manage the risk effectively.

1- Clearly Define Who is Responsible

In Landlord/Tenant situations, it should be clearly spelled out in the Lease who is responsible for plowing and shoveling snow and ice as well as treating patches that melt and refreeze.  The Lease should also define responsibilities in the event that a lawsuit occurs and require that adequate insurance be purchased ahead of time.

In situations where a business or home has frontage on a public sidewalk, research should be done concerning whether the property owner or municipality is responsible for clearing and treating the sidewalk.

2- Promptly Clear Snow and Treat Ice

Pennsylvania has a favorable “Hills and Ridges Rule” that protects property owners and tenants from liability for slip and falls during or shortly after storms.  The Rule recognizes that it is unreasonable to demand that a property be kept entirely free of ice and snow at all times, especially during storms.

The Hills and Ridges Rule says that property owners have a reasonable amount of time to plow, shovel and salt after a storm and cannot be held liable unless they “allow the snow to accumulate in ridges or elevations of such size and character as to unreasonably obstruct travel and constitute a danger to pedestrians.”

So, to avoid liability, clear ice and snow within a reasonable time after the storm.

Sidewalk with Hills and Ridges of Ice and Snow

3-  Don’t Forget to Treat Ice Patches

After the initial plowing and shoveling, it’s common to have melting and refreezing, which can create dangerous ice patches.  The Hills and Ridges Rule does NOT protect property owners or tenants from ice caused by melting and refreezing.

To minimize the danger, think about where and how you will pile the snow.  Remember that gravity will cause the melting piles to flow downhill.  Be sure to establish a schedule for salting ice patches and keep records of those activities to have proof that you made a reasonable effort to keep the property safe.

4-  Inspect and Maintain Gutters and Downspouts

Ice patches often come from defectively designed or maintained gutters and downspouts which discharge melting snow and ice onto sidewalks or parking lots where they refreeze.  Again, the Hills and Ridges Rule will not protect you if this happens, so make sure you inspect, repair and maintain your gutters and downspouts.

5-  Properly Insure Your Wintertime Risk

Make sure that you have adequate liability insurance limits in order to insure against Slip and Fall accidents.  Unfortunately, Slip and Falls can result in very serious injuries including head injuries, broken bones (hip and wrist are most common) and neck and back injuries.  It’s prudent to carry at least $1 Million or more of liability coverage to provide financial protection if an accident occurs and you get sued.

Tim Rayne is a Personal Injury Lawyer with MacElree Harvey, Ltd.  For over 20 years, Tim has been helping injured victims of Slip and Fall Accidents understand their legal rights and receive fair treatment from insurance companies.  Tim has offices in Kennett Square and West Chester, Pennsylvania and can be reached at 6108400124 or trayne@macelree.com.  

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Court Decides No Claim for Slip and Fall During Blizzard

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On January 31, 2018, the Pennsylvania Superior Court decided the case of Collins v. Philadelphia Suburban Development Corporation, finding that David Collins had no legal claims for serious injuries he sustained in a Slip and Fall Accident that occurred during a blizzard.  Reaffirming the Hills and Ridges Rule, the Superior Court decided that it was unreasonable to expect a property owner to keep its property free from Slip and Fall hazards that were created by blizzard conditions that were still ongoing at the time of the fall.

The Facts of the Case

David Collins was employed by the Pennsylvania Board of Probation and Parole and was injured in a Slip and Fall accident that occurred on a sidewalk covered with snow and ice.  Mr. Collins sued the property owner and the ice and snow removal company for negligence.

During his deposition which was part of the lawsuit Discovery process, Mr. Collins admitted that “from early that morning until the time of the fall (which was about 12:30) there was a blizzard occurring…. so there was a lot of snow falling and that accumulated on the ground over a number of hours.”

Other witnesses testified that it had been snowing heavily before and at the time of Collins’ fall.  In addition, security footage of the fall showed that there were blizzard conditions at the time of the fall.

The Hills and Ridges Rule

The Hills and Ridges Rule protects property owners from negligence claims brought by a victim of a Slip and Fall accident that occurred during generally slippery conditions that prevailed in the community as a result of recent precipitation.

The Rule recognizes that it is not possible for property owners to keep their properties safe from slip and fall hazards at all times, particularly during active snow and ice storms.  Instead, the Rule gives property owners a reasonable amount of time after a storm to clear the snow and ice and holds them liable only if the snow and ice is allowed to remain present and to form into dangerous Hillis and Ridges.

The Hills and Ridges Rule provides that, in order to recover for a fall on an ice or snow covered surface from recent precipitation, an injured person must show:

1- that the snow and ice had accumulated on the sidewalk in ridges or elevations of such size and character as to unreasonably obstruct travel and constitute a danger to pedestrians;

2- that the property owner had notice, either actual or constructive, of the existence of the condition; and

3- that it was the dangerous accumulation of snow and ice that caused the person to fall.

Hills and Ridges

The Court Decision

Ultimately the Court found that Mr. Collins fell during a blizzard and, therefore, could not establish that there was a violation of the Hills and Ridges Rule.  As a result, his claim was dismissed.

Tim Rayne is a Pennsylvania Slip and Fall Lawyer who regularly represents victims of Slip and Fall accidents caused by accumulations of snow and ice.  For over 20 years, Tim has been helping injured Slip and Fall victims receive fair treatment from insurance companies.  Tim has extensive experience negotiating settlements and trying Slip and Fall cases in Pennsylvania.  For more information on your legal rights after a Slip and Fall accident in Pennsylvania, contact Tim Rayne at 6108400124 or trayne@macelree.com.

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