Tim Rayne

Pennsylvania Car Accident & Personal Injury Lawyer

Tim Rayne

Pennsylvania Car Accident & Personal Injury Lawyer

sidewalk fall injury lawyer

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

 

 

Legal Claim for Slip and Fall on Snow and Ice – The Hills and Ridges Rule

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Pennsylvania Slip and Fall on Snow and Ice Claims
Hills and Ridges

After snow and ice storms, I always get a calls from people who have been injured in Slip and Fall accidents on snow or ice on sidewalks.  I have to be careful about accepting these cases for litigation because Pennsylvania has a defense available to property owners to help them escape liability for Slip and Fall accidents called the Hills and Ridges Rule which says:

One in possession of land is required to remove snow and ice that has been accumulated on the public sidewalk abutting his or her property within a reasonable amount of time after he or she is on notice that a dangerous condition exists.  To establish liability upon the landowner, the plaintiff must prove that each of the following three essentials was present:

First, that ice and snow had accumulated on the sidewalk in ridges or elevations that unreasonably obstructed travel and were a danger to persons traveling on the walk;

Second, that the defendant property owner knew or should have known of the existence of such condition; and

Third, that it was the dangerous accumulation of ice and snow that caused the plaintiff to fall.

This rule protects property owners during snow or ice storms by giving them a reasonable period of time to clear their sidewalks.  This protects them from liability if the fall happens during or shortly after the storm.

In a Pennsylvania Slip and Fall on Snow or Ice case, the injured party will have the burden of proving the unreasonable ridges or elevations (also known as hills and ridges), either by photographs or testimony.  The injured party also has the burden of proving that the time between the storm and fall was long enough that the property owner should have discovered and corrected the slippery condition.

Looking at the photograph above there is appears to be evidence of some Hills and Ridges that could cause a slip and fall accident.  In addition, given that the photograph was taken well over 24 hours after the end of the January 24,2016 Blizzard in Kennett Square, there is strong evidence that the property owner knew or should have known of a dangerous condition.

Here are a few tips for injured victims of Slip and Fall accidents on snow and ice in Pennsylvania.  Number one, if you fall, be sure to photograph the condition that caused the fall.  Number two, be sure to report the fall to the property owner and the police if possible to document the date, time, location and happening of the fall.  Number three, seek legal advice as soon as soon as possible in order to protect your legal rights.

Tim Rayne is a Pennsylvania Slip and Fall Lawyer with the law firm MacElree Harvey.  For over 20 years, Tim has been helping injured victims of Slip and Fall accidents receive fair treatment from insurance companies.  Tim has offices in both West Chester and Kennett Square.  For more information about your legal rights and right to make an insurance claim after a Slip and Fall accident on snow and ice in Pennsylvania, contact Tim Rayne at 610 840 0124 or trayne@macelree.com or visit Tim’s Website.