The Plaintiff’s Burden: Ice and Snow
The snow has already started to fall in the Northeast, so what happens to accident victims in the event of a slip and fall accident? Who would a slip and fall accident victim sue in this circumstance?
The victim would generally pursue a claim against the property owner. The property owner’s insurance company would cover the claim and costs of the suit so that the property owner himself/herself would not need to pay out of pocket in the event of a recovery. The property owner pays insurance premiums to the insurance company so that the insurance company will cover them in scenarios such as this one.
A property owner (or tenant, or both in certain circumstances) must maintain their property so as to keep it safe, clear from snow and ice, or dangerous conditions, according to the law in Pennsylvania. That being said, the law allows a period of time after the end of the snowfall or precipitation for property owners to make their property safe. There is a doctrine called the Hills and Ridges Doctrine, which protects landowners from liability for slip and fall accidents that occur on their property where the landowner has not unreasonably permitted the snow and ice to accumulate in hills and ridges.
In snow and ice slip and fall cases in Pennsylvania, the injured party must prove:
- that 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 traveling thereon;
- that the property owner had notice, either actual or constructive, of the existence of such condition; and
- that it was the dangerous accumulation of snow and ice which caused the plaintiff to fall.
Snow and ice slip and fall accident cases can be difficult to prove. It is important to call an experienced slip and fall attorney to provide you the best chance at a recovery. Call our slip and fall lawyers in the Philadelphia area toll-free at 855-822-6783 for a FREE consultation.
