On Jan 3 I slipped on ice in a lounges parking lot and injured right shoulder. Is it too late to sue?

Asked over 1 year ago - New Kensington, PA

The parking lot was solid ice and my friend fell going in. When I left I was being very careful but still slipped and fell landing on right shoulder tearing rotator cuff that cannot be repaired. I will now have shoulder pain and weakness in shoulder for the rest of my life.

Attorney answers (6)

  1. Andrew Theo Neuwirth

    Contributor Level 9

    5

    Lawyers agree

    Answered . You have two years from the date of your fall to sue, unless the owner of the location is the city or state which sounds unlikely. You should not wait until the last minute to find a lawyer. Do some homework and find a qualified lawyer.

  2. Christian K. Lassen II

    Pro

    Contributor Level 20

    3

    Lawyers agree

    Answered . It's not too late. Retain one of the lawyers who answered above. (My firm only handles catastrophic injuries now). The solution for a non-repairable rotator cuff tear (i have a nasty one myself) is reverse shoulder replacement, so you won't have pain and weakness for the rest of your life.

  3. Michael Scott Mednick

    Contributor Level 9

    3

    Lawyers agree

    Answered . Sorry to hear about your accident. In answer to your question, no it is no too late.

    I am assuming in my answer that the parking lot is owned, controlled and maintained by the lounge. In that case, you would be considered a business invitee and the lounge would owe you the highest duty of care to protect you from defects and assure your presence on the property is safe. The duty would be satisfied by proper snow and ice removal and salting which apparently was not done.

    This is a very common accident and many claimants are successful in these personal injury claims. The most important thing is to gather as much evidence as possible and as quickly as possible after the accident. Did you obtain photographs? Were there witnesses? Did video surveillance capture the accident? Was the video preserved? Did you report the incident to the lounge? These are just a few of the many questions that we ask as lawyers and attempt to gather evidence to assist our clients recover in these types of cases.

    My advise to you would be to consult with a personal injury lawyer as soon as possible.

    The accident would need to be investigated. It would be important to have some evidence

  4. Andrew D. Swain

    Pro

    Contributor Level 10

    1

    Lawyer agrees

    Answered . For an adult, you have two years to file suit for a bodily injury claim caused by the negligence of the parking lot owner. See 42 Pa. Con. Stat. ยง 5524. Prompt notice and investigation is important to notify the property owner, their insurance carrier, and to learn if any additional snow removal companies or people are also liable for the accident.

    Legal disclaimer: The statement above is general information and not intended to be a legal opinion to be followed.... more
  5. Steven Fisher Fairlie

    Pro

    Contributor Level 13

    1

    Lawyer agrees

    Answered . It has only been a few months so you have plenty of time to sue for your Pennsylvania Slip and Fall.

    Please note that I am only licensed in Pennsylvania. Therefore, if your case involves another jurisdiction, you... more
  6. Anthony A. Ferrante

    Pro

    Contributor Level 15

    2

    Lawyers agree

    Answered . Although it is not too late to sue, you should contact a personal injury attorney in your area as soon as possible so that investigation can be performed. Hopefully you took some photographs of the ice that caused you to fall. Many factors will affect the strength of your claim, including the time of the last snowfall/precipitation, whether any snow removal efforts were taken and the local rules and regulations regarding snow removal, etc.

    The injuries you describe are significant enough to pursue. You should use the Avvo Find a Lawyer tool on this site and find someone in your area for a free consult. Good luck.

    The aforementioned opinion does not constitute legal advice and is for general educational purposes only. See an... more
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