Tim Rayne

Pennsylvania Car Accident & Personal Injury Lawyer

Tim Rayne

Pennsylvania Car Accident & Personal Injury Lawyer

Pennsylvania slip and fall lawyer

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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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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The Hills and Ridges Rule

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Pennsylvania Slip and Fall Lawyer Tim Rayne explains the Hills and Ridges Rule that applies to falls on snow and ice in Pennsylvnia.

The Hills and Ridges Rule recognizes that it is impossible for property owners to keep their properties free from snow and ice at all times and especially during storms.  Because of this fact of life, property owners are protected from liability from naturally falling precipitation as long as they make a reasonable effort to plow, shovel and salt promptly after a storm.  If they do not and allow snow and ice to form Hills and Ridges that cause a slip and fall injury, then the property owner is legally liable.

Here is a photo of Hills and Ridges conditions:

Hills and Ridges
Hills and Ridges

As you can see, snow was left on the sidewalk and allowed to ice up forming slippery and dangerous Hills and Ridges.  If someone were to slip and fall on that sidewalk, they would have a strong case against the property owner and would be entitiled to compensation to try to make up for any injuries and losses.

For more information on Pennsylvania Slip and Fall Accidents, contact Chester County Slip and Fall Lawyer Tim Rayne at 6108400124 and trayne@macelree.com.  For over 20 years, Tim has been helping injured victims of accidents in Pennsylvania receive fair treatment from insurance companies.  

Car Accident Lawyer Tim Rayne
Slip and Fall Lawyer Tim Rayne

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When Can a Business Owner Get Sued for a Pennsylvania Slip and Fall Accident?

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Slip and Fall Lawsuits in Pennsylvania

Pennsylvania Slip and Fall laws are designed to protect customers from danger, including Slip and Fall hazards.  Pennsylvania business owners are responsible to inspect their properties and eliminate any hazards or warn their customers of any danger.

Despite these legal protections for customers, it often seems like there is a tendency for people to blame the injured fall victim rather than the property owner when a Slip and Fall accident occurs.  This is not consistent with the law of Pennsylvania, which clearly and logically requires the business owner to protect its customers from unnecceary harm.

Duties of a Pennsylvania Business Owner to Prevent Slip and Fall Accidents

Pennsylvania business owners are obligated to look out for the safety of their customers.  Customers are owed the highest duty of care for business owners to protect them from harm.  The law recognizes that customers who visit a business have a right to assume that the property will be reasonably safe.  Since a customer may be visiting the property for the first time and may be distracted by shopping or other business activities, it makes sense for the owner of the business, who is familiar with the property and making money from the customer, to have a responsibility to keep the customer safe.

Under Pennsylvania Slip and Fall laws, the owner of the business has a responsibility to make a reasonable inspection of the property to uncover any dangers that its customers might not notice.  Then, the business owner must either correct the danger to make the property safe or warn its customers of the danger so that they can protect themselves.

This is a common sense safety rule designed to keep everyone in Pennsylvania safe.

Slip and Fall hazards can exist becuse of negligent design or construction, like faulty stairs, railings or flooring.  In addition a property can be dangerous due to improper maintenance, like a failure to clean floors or properly shovel or treat ice or snow.

If a customer is injured in a Slip and Fall accident then the customer has a legal claim for compensation for all resulting harm including medical bills, lost income, pain and suffering and any disability.

 

Pennsylvania Slip and Fall Lawyer - Tim Rayne
Pennsylvania Slip and Fall Lawyer – Tim Rayne

 

For more information on Pennsylvania Slip and Fall cases contact Personal Injury Lawyer Tim Rayne of the law firm of MacElree Harvey.  Tim has offices in Kennett Square and West Chester Pennsylvania and regularly helps victims of slip and fall accidents receive fair treatment from insurance companies.  For help with your Slip and Fall accident case contact Tim at 6108400124 or trayne@macelree.com.  

 

 

Pennsylvania Slip and Fall Case Nets $4 Million Verdict

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A Jury in a Pennsylvania Slip and Fall case recently awarded a $4 Million verdict to compensate a man who was blinded in one eye after being injured outside of a retail store.  It took just an hour for the jury to find the store liable and award the huge verdict to a man who was seriously injured by tripping and falling on a single step on a sidewalk in front of a store.  The step had no railing or paint marking it’s existence which camouflaged it and caused the fall.

The Duty of Care of a Business Owner

Pennsylvania law states that an owner of a business owes a high duty of care to its customers to protect them from unnecessary harm, like injuries that can result from Slip and Fall accidents.

The business owner must protect customers from foreseeable harm by conducting reasonable inspections of the property to uncover any dangerous condition that guest might not notice and then either correct the condition to make it safe or warn of the condition.

 Case of William Waite v. Argento Family Partnership

William Wait was at a shopping center and had just finished shopping.  He was walking on a sidewalk towards his car and encountered a single step down on the sidewalk that was about 6 inches high.  There was no railing or painted markings which would make the presence of the step obvious to pedestrians.

Mr. Waite did not notice the step as he was walking and he tripped, fell forward and struck his face and left eye on an Adirondack chair that was positioned on the sidewalk just beyond the step.  Mr. Waite suffered near complete blindness in his eye as a result of the injury.

In the trial, Mr. Waite’s lawyer presented expert testimony from an architect who indicated that the sidewalk was defectively designed and constructed because single steps are a well-documented hazard to pedestrians because they are often hard to see.   As such, such steps should be marked with brightly colored paint or railings so that pedestrians can detect and avoid the danger.

The Jury seem swayed by photographs of the sidewalk and step as it was and then digitally altered to include a bright warning stripe as well as testimony from the expert about the minimal cost to correct the danger.

At the end of the trial, it took the jury just an hour to find the property owner negligent and to award Mr. Waite $4 Million in compensation for his eye injury.

Lessons to Be Learned

There are two lessons to be learned from this case.

First, business owners need to take their responsibilities of inspecting their properties seriously.  Dangerous conditions need to be discovered and corrected or customers need to be warned so that they can protect themselves.

Lesson two is that if you are injured while patronizing a business, you may have a legal right to fair compensation if your injury was caused by the negligence of the business owner.

Tim Rayne is a Pennsylvania Slip and Fall and Personal Injury lawyer with the Chester County law firm MacElree Harvey.  For over  20 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 can be reached at 6108400124 or trayne@macelree.com