When Does a Pennsylvania Slip and Fall Injury Become a Lawsuit?

Here’s how to prove liability (and other facts) for a Pennsylvania slip and fall lawsuit

Slip and fall accidents happen every day. Most of the time, they leave us with nothing more than a red face and a bruised ego. If we’re lucky, we can catch our balance in time or we have a soft landing with no serious injury. 

But some slip and fall accidents leave us in far worse shape. In fact, the National Safety Council reported that 46,653 people died in falls at home and work in 2022. The construction industry accounted for nearly half that number. And while most are not fatal, more than a million people go to the emergency room for a slip and fall accident each year. These are a common cause of brain injuries, hip fractures, and broken bones. They’re a leading cause of injury for people of all ages. 

If you’ve been injured in a slip and fall accident, or you’re looking to help a loved one who has, here’s what you should know about Pennsylvania slip and fall accidents and personal injury law.

Damages (money) available to a Pennsylvania slip-and-fall victim

Usually, a slip and fall accident is related to a property hazard. If this happens, it would lead to a premises liability claim. Premises liability is part of personal injury law, but relates to property. A victim of a property hazard accident may file a lawsuit against the property owner to recover compensation for their losses. 

The purpose of personal injury law is to make the plaintiff (injured person) whole, or to restore them to the financial position they would be in if the accident hadn’t happened. 

If the accident was caused by the property owner’s negligence, the plaintiff may file a lawsuit to recover damages that include:

• Medical treatment costs. Any medical expenses, including hospital or doctor visits, diagnostics like an X-ray or MRI, prescription medication, surgical costs, prosthetic devices, etc. are included. 
• Wage losses, present and future. This would include any lost wages following the accident and during your recovery until you’re able to return to work. 
• Activities of daily living. If your injury leaves you unable to perform daily tasks like cooking, cleaning, child care, transportation, and so on, you can make a claim for damages to cover the cost of hiring people to do these household chores for you while you recover. 
• Pain and suffering. You can be compensated for emotional effects of an accident, too. Mental distress, pain, and suffering are not always apparent as a financial value, but they matter. Courts have formulas to calculate the value of pain and suffering.

Common types of slip and fall accidents

• Slippery surfaces, including floors wet from spills or cleaning, or icy sidewalks that aren’t salted or maintained properly.
• Uneven ground, which includes broken sidewalks, pavement, parking lot potholes, or other circumstances. 
• Obstructions, debris, or other tripping hazards like loose wires, cables, or clutter on the floor. 
• Poorly maintained stairs could mean broken railings, unevenness, or stairwells with improper lighting. 
• Lack of warning or hazard signs for wet floors or other hazardous areas could lead to people not realizing that the area could be dangerous.

Who is liable for a Pennsylvania slip and fall accident?

Sometimes, an accident is just an accident. We trip over our own feet (it happens!), maybe trip over our children, trip over something we forgot we left on the stairs, slip because our dog dribbled water out of his bowl—you can’t exactly file a lawsuit for something that happens in your own home or that was within your control (or your mistake). 

But if a slip and fall accident happens outside your home—either on private property like someone else’s home or a business, or on public property like a sidewalk—there could be liability of the property owner. 

In Pennsylvania, liability for slip and fall accidents typically depends on the property owner’s responsibility to maintain a safe environment and whether their negligence led to the accident. A property owner might be liable if they knew or should have known about a hazardous condition (such as ice, uneven flooring, or spills) and did not take reasonable steps to fix or warn about it. For example, the owner of a commercial property (like a store) has a heightened duty of care toward patrons or customers and must regularly inspect and address dangerous conditions.

A property owner has a different duty depending on whether the injured person is an invitee, licensee, or trespasser. For instance, invitees (such as customers in a store) are owed the highest duty of care, while property owners are less responsible for the safety of trespassers.

Pennsylvania comparative negligence rule for slip and fall injuries

Pennsylvania follows the Modified Comparative Fault Rule (also known as the 51% rule).

The Pennsylvania comparative negligence rule allows a plaintiff in a personal injury case to recover damages even if they are partially at fault for the accident, but with limitations.

• Partial fault. If the plaintiff is found to be partially responsible for their own injury, their compensation is reduced by their percentage of fault. For example, if they are deemed 20% at fault, the total damages awarded will be reduced by 20%.
• 50% limit.  A plaintiff can recover damages if they are not more than 50% at fault. However, if their fault exceeds 50%, they are barred from receiving any compensation.

How can a slip or trip and fall be your own fault? 

Consider this scenario: Annie lives in an apartment on the third floor of a walk-up building. The laundry facilities are in the basement. One day, she hauls her dirty laundry downstairs and starts the wash—only then does she realize that she forgot to throw in her favorite jeans, which she spilled something on yesterday and desperately needs for an event that evening. So Annie runs back up to her apartment to grab the jeans. Because she is hurrying, she leaves the bulky laundry basket at the bottom of the basement stairs. The basement is dark and the stairwell is not well-lit, but it’s the middle of the day and Annie knows most of her neighbors aren’t home, so she doesn’t think anyone would notice or care. She dashes upstairs, grabs the jeans, and is hurrying back to throw them into the already running load, but she trips over the basket she left at the bottom of the stairs. She suffers several injuries from falling on the cement basement floor.

Annie files a lawsuit against her landlord, claiming her fall happened because the stairwell and the basement were not well-lit. Upon investigation, it was discovered that the bottom step was cracked, which might have also contributed to her accident. However, Annie was also at fault because she tripped over the basket she left by the stairs.

Although the landlord was responsible for keeping the stairwell and basement properly lighted and the steps in good condition, Annie also contributed to her own injuries. In this type of situation, the court would determine what percentage of fault is attributable to Annie’s own fault. If she is found 50% or less at fault, she can recover damages from the landlord, but they are reduced according to her percentage of fault. If she is more than 50% at fault, she will not recover any damages.

How to prove liability in a Pennsylvania slip or trip and fall accident

Your lawyer will ask what you can provide as evidence for a lawsuit. Valuable evidence includes:

• Photo or video. Visual documentation of the dangerous condition that caused the fall (for instance, a wet floor or uneven pavement) is essential. If there’s a video recording of the incident (such as from security cameras), it can strongly support your case. Most business have security cameras recording both inside and outside the building (including parking lots). However, they likely don’t save footage for long. If you had an incident that you would like to view later, request the footage as soon as possible so it isn’t deleted. 
• Incident report. Many businesses or property owners complete incident reports following an accident. This document can record details about the fall, the condition of the property, and any immediate actions taken.
• Witnesses. Statements from people who witnessed the fall or saw the hazardous condition before or after the accident can corroborate the plaintiff’s account. If you fell in a public place, like a store, it can be helpful to immediately get names and contact information from any bystanders in the area. Once they leave, you might never be able to track them down again.
• Medical records. Detailed medical records help link the injuries directly to the fall. These records should show the extent of the injuries and how they resulted from the accident. You should seek a medical evaluation immediately following any accident because if you wait, it will be more difficult to claim the injuries resulted from that particular incident. 
• Proof that the property owner knew of the hazardous condition. This can include maintenance logs, prior complaints, or testimony showing how long the dangerous condition existed.
• Expert testimony. In some cases, experts in fields like safety standards or property maintenance might provide testimony to explain how the property owner failed to meet reasonable standards of care. 
• Comparative negligence evidence. If the defense argues the plaintiff was partially responsible, evidence like proper footwear, lack of warning signs, or the condition of the area can help refute these claims.

If you’ve suffered from a slip or trip and fall in Pennsylvania, attorneys are ready to handle your claim. Contact a qualified, compassionate Pennsylvania personal injury lawyer to explore your legal options.