Slip and Fall Hazards in Winter:

What to Do If You're Injured in Philadelphia

As winter storms blanket Philadelphia in snow and ice, walking in the city becomes significantly riskier. Even with precautions, icy patches and uneven snow accumulation can catch pedestrians off guard. Freezing rain adds another layer of danger, creating slick surfaces that are difficult to see and even harder to navigate safely. These conditions are especially hazardous on improperly maintained properties where sidewalks remain unsalted, snow is not promptly cleared, or lighting is insufficient to warn of potential dangers.

Property owners are responsible for keeping their premises reasonably safe, including clearing snow and ice within the timeframes outlined by Philadelphia ordinances. When they fail to do so, pedestrians are placed at unnecessary risk of injury.

Immediate Steps to Take After a Slip and Fall Accident

Seek Medical Attention

Your health and safety should always be the top priority after a slip and fall.

• Assess Injuries: Check yourself for visible injuries, such as cuts, bruises, or swelling. Even if you feel fine, some injuries, such as sprains, fractures, or concussions, may not be immediately apparent.
• Prompt Treatment: Seek medical attention as soon as possible, either on-site or at a nearby medical facility. This ensures you receive the necessary care and creates official medical documentation linking your injuries to the fall. These records can be critical if you pursue a claim for compensation.

Document the Scene

Accurate documentation of the scene helps establish the conditions that contributed to the fall.

• Take Photos or Videos: Use your phone to capture clear images of:
  • The area where the fall occurred.
  • Contributing hazards, such as icy patches, snow buildup, wet floors, or inadequate lighting.
  • Any warning signs (or lack thereof), like “Caution” or “Slippery Floor” notices.
• Record Environmental Conditions: Note the weather at the time of the fall, such as snow, sleet, or freezing rain, as well as the time of day and lighting conditions.

Report the Incident

Notifying the responsible party about the accident is a critical step in ensuring the event is documented officially.

• Contact the Property Owner or Manager: Inform the owner, manager, or supervisor of the premises where the accident occurred. This could include a homeowner, a business, or a public property authority.
• Request a Written Incident Report: Ask for an incident report to be completed, detailing the circumstances of the fall. Keep a copy of this report for your records. If the property owner refuses to create one, make a note of their refusal.

Gather Witness Information

If there are people nearby who saw the accident, their accounts can provide valuable support for your claim.

• Collect Contact Details: Ask witnesses for their names, phone numbers, and email addresses. This ensures you can reach them later if their testimony is needed.
• Obtain Statements: If possible, ask witnesses for a brief account of what they saw, especially if they noticed the hazardous conditions leading to the fall.

Understanding Legal Liability in Winter Slip and Fall Cases

Property Owner Responsibilities

Property owners in Philadelphia have a legal obligation to maintain their premises and ensure they are safe for pedestrians, especially during the winter months.

• Philadelphia’s Regulations on Snow and Ice Removal:
  • The City of Philadelphia requires property owners to clear snow and ice from sidewalks and pathways within six hours after the snow stops falling.
  • Owners must ensure that walkways are safe and free from hazards. Failure to do so can result in fines and potential liability if someone is injured.
• Duty of Care to Pedestrians:
  • Property owners, including businesses, landlords, and homeowners, owe a duty of care to those who enter their premises legally.
  • This duty includes addressing foreseeable hazards such as slippery sidewalks, icy steps, or unshoveled pathways. If a property owner neglects this duty, they may be held liable for injuries sustained as a result.

Comparative Negligence in Pennsylvania

Pennsylvania follows a comparative negligence system, which means fault for an accident can be shared among multiple parties.

• How Shared Fault Affects Compensation:
  • Under Pennsylvania’s comparative negligence rules, you can recover compensation as long as you are less than 51% at fault for the accident.
  • However, your compensation will be reduced by your percentage of fault. For example, if you are awarded $20,000 but found 20% at fault, you will receive $16,000.
• How Plaintiff’s Actions Impact the Case:
  • Courts may consider whether the injured person contributed to the accident. For example:
    • Wearing inappropriate footwear, such as high heels or smooth-soled shoes, on icy sidewalks.
    • Ignoring visible hazards, such as a clearly marked icy patch with a “Caution” sign.
    • Walking while distracted, such as texting or looking at a phone.

Evidence That Proves Negligence

To succeed in a slip and fall claim, you must demonstrate that the property owner was negligent. Key evidence includes:

• Failure to Follow Snow/Ice Removal Ordinances:
  • If the property owner did not clear snow or ice within the required timeframe or failed to use salt or other treatments to reduce hazards, this could establish negligence.
• Lack of Warning Signs:
  • In areas where hazards cannot be immediately addressed, property owners are expected to post visible warnings, such as “Caution: Slippery Floor” signs or barriers.
• Inadequate Lighting:
  • Poor lighting in outdoor areas, such as walkways, staircases, or parking lots, can make it harder for pedestrians to see icy or dangerous spots, contributing to accidents.

Legal Steps to Protect Your Rights After a Winter Slip and Fall

Document Injuries and Medical Treatment

Proper documentation of your injuries and medical care is critical for building a strong case.

• Importance of Medical Records:
  • Seek medical attention immediately after the accident, even if injuries appear minor at first. Delays in treatment can weaken your case and risk your health.
  • Keep detailed records of all medical visits, treatment plans, diagnoses, prescriptions, and physical therapy sessions.
  • Retain copies of your medical bills to demonstrate the financial impact of your injuries.
• Linking Injuries to the Accident:
  • Ensure your doctor notes that the injuries are consistent with a fall and documents how the winter conditions contributed to the incident. This can be vital when proving liability.

File an Insurance Claim or Lawsuit

Filing a claim against the property owner’s liability insurance is often the first step toward recovering compensation.

• Filing an Insurance Claims:
  • Notify the property owner or manager of the accident and request their insurance information.
  • Submit a claim to the liability insurance provider, including all supporting documentation, such as medical records, photos of the accident scene, and witness statements.
  • Be cautious in communicating with insurance adjusters, as they may attempt to minimize your claim or shift blame.
• When to File a Lawsuit:
  • If the insurance company denies your claim or offers an inadequate settlement, filing a personal injury lawsuit may be necessary.
  • Pennsylvania law imposes a two-year statute of limitations for personal injury claims, so acting promptly is essential.

Consult a Personal Injury Attorney

Slip and fall cases involving winter conditions can be complex, making legal guidance invaluable.

• Assessing Negligence:
  • An experienced personal injury attorney will investigate whether the property owner failed to comply with snow and ice removal ordinances or neglected their duty of care.
  • They will also evaluate whether comparative negligence laws may impact your case.
• Gathering Evidence:
  • Attorneys gather critical evidence, such as surveillance footage, maintenance records, and expert testimony, to strengthen your claim.
  • They also ensure that all documentation is preserved and presented effectively.
• Maximizing Compensation:
  • Slip and fall cases often involve compensation for medical expenses, lost wages, pain and suffering, and future care needs. An attorney can accurately calculate these damages and negotiate for a fair settlement.
• Navigating Legal Challenges:
  • If a settlement cannot be reached, your attorney will represent you in court, presenting a compelling case to secure the compensation you deserve.

If you’ve suffered a slip and fall injury due to snow or ice in Philadelphia, Pallante Law is here to help.

Don’t let a slip and fall accident disrupt your life without seeking the justice you deserve. Contact Pallante Law today to schedule a free consultation and discuss your legal options. We are here to answer your questions, evaluate your case, and provide the dedicated representation you need to move forward.

• Office Address: 1528 Walnut St #1004, Philadelphia, PA 19102
• Phone Number: 215-985-0976
• Website: https://www.pallantelaw.com

Take the first step toward recovery and justice by reaching out to Pallante Law. Let us help you turn a challenging situation into a positive resolution.‍