Going up the hill and messed my rotator cuff.and now need surgery fell 12-17-12
If you slipped and fell on a sidewalk and owned a business or residential homeowner, you may be entitled to bring a suit for your personal injuries, and any economic losses. In order to fully evaluate your claim, any attorney would need additional facts regarding how and when you fell. For instance, was it still snowing? How long has it been snowing? Was it during a weekday or weekend? What time did you fall? All those factors will determine whether or not the owner of the property had a reasonable amount of time to have shoveled and or salted the sidewalk. instance, How long had it been snowing? Was that day or night? Where there any witnesses? Did you report the fall to the owner of the property? You should consult with a personal injury attorney as soon as possible to protect your rights
You have a significant injury and therefore I suggest you contact a local lawyer who handles personal injury cases. No one can give you any opinion on liability based on the information you provided. You do not provide enough information--hard to decide where to start?? For example, did you fall on a sidewalk since the rules and liability change significantly based on where you fell. (By the way, just because you fell on someone else's property does not make anyone liable.)
The duties of the landowner vary depending on who you are and what you were doing on the property. If you were a trespasser there is a low duty--the owner must not do anything that would hurt you. The owner does not have to clean the area or warn you, etc. The next category is a licensee. A licensee is someone like a social guest. You are on the property for your own benefit not connected so much with what is happening there. The duty of the owner here is to simply warn of hazards that the owner is aware exists. The owner does not have to go out and look for hazards or fix them. The next category is a business invitee. A person is on the property to conduct or perhaps conduct business with the owner of possessor of the property or otherwise on the property that benefits the owner in some way. Here the owner owes the highest duty of care. The owner must not try to hurt anyone, must warn of hazards and must go out and look for them and fix them if the owner can or at least warn.
Now snow and ice present other issues in Pennsylvania. Someone who falls must show the existence of "hills and ridges" in the snow/ice. That means if the snow and ice was smooth; no one had walked on it before you fell then there is no liability. Hills and ridges form when enough people walk on it. The importance of hills and ridges is that it shows the hazard was there long enough for the owner to clean it--since the footprints, etc. Now if someone makes an attempt at cleaning the area, then hills and ridges no longer applies. "Hills and ridges" apply to a natural accumulation of snow/ice. One it is disturbed then it is no longer natural.
You have significant hurdles with this case. Do you have pictures of the defect? Why did you not see the hazard? Here is a significant hazard. You are in Lancaster County. Your county voted for Mitt Romney by 60 percent in the last election. A jury in your county filled with Republicans, T-people, Fox News watchers will enter a verdict for ZERO.
Without knowing more as far as the facts and circumstances no attorney on this forum can tell you if you can sue for falling on snow and ice. You don't indicate where or how this occurred, or who you consider to be responsible for your fall. What you can do is consult with a personal injury attorney to assist you who can investigate and give you guidance as to how to proceed. Personal injury attorneys typically handle cases on a contingency fee basis and give free consultations. Use the Find a Lawyer tab on Avvo to find one in your area. Best of luck to you...
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Yes if the property owner was negligent in any way. Based on your description it is impossible to determine if there is negligence or who owns the property thus you need to speak with an injury attorney ASAP to determine if you have a case and are within all statute of limitations.
In addition to what my colleagues told you, if you fell on a public street, you have to file a notice to sue the city within 6 months of the incident. However, if you fell on a sidewalk adjacent to a private property, then the property owner would be liable if it was negligent. But liability has to be established before you can recover any damages.
You need to consult with an attorney. It sounds like you are unsure about retaining a lawyer, but NOT everything must go through the courts. I would evaluate your case and if it is favorable for you, I would try to settle your claim, if that is what you prefer.
To fully answer your question I would need additional facts. Therefore, let me set forth a couple of general principles that might help. In general, injury alone is not sufficient to give rise to a cause of action. There must be some negligence on the part of some person/company that caused your injury. The classic example is the careless driver who runs a red light. In the context of slip and falls, it gets more complicated. Generally, the defect on the property has to have existed for long enough that the owner had time to correct it. That means fresh snow is a problem. Snow that has melted and has frozen is closer to a possibility of recovery.
Again, I would need many more facts to discuss this completely.
I hope this was helpful.
I am licensed to practice law in PA and GA. My response is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information. In a forum such as this, many important facts are often omitted that would affect the viability of a claim or the deadline to file to preserve such a claim. If legal advise is needed, please confer with an attorney in your state in order to insure proper advice is received.
Pain and suffering refers to physical and mental trauma caused by an injury, and is often a significant component of non-economic damages.
Slip and fall accidents are a type of personal injury where a property owner is accused of responsibility for another’s injury on that property.
Written by attorney Samuel Cohen
This is a quick guide to help people who slip and fall in a public building to help improve their chances in making a recovery in a lawsuit.
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