A: Success of a slip and fall or trip and fall accident case in Pennsylvania depends on proving that the property owner, be it a business or private individual, had notice of the defective condition which caused the accident. Slip and fall or trip and fall accidents commonly occur due to the following kinds of conditions:
- uneven walking surfaces,
- misplacement of rugs/mats,
- sidewalk defects like missing concrete, and
Under Pennsylvania slip and fall law, an injured party must be able to prove that the property owner or business had notice of the defect. Notice can be established with evidence that the property owner or business actually knew (actual notice) or should have known (constructive notice) about the defect prior to the accident.
An example of actual notice: in a case where a store customer trips over an uneven area in a hallway, after the accident, a store employee admits that that defect had existed for several months.
Notice can also be established with evidence that the defect was created by the defendant or that the defect existed for a period of time such that the property owner or business should have known about it.
An example of constructive notice: in a case where a customer slips on water on the floor which is coming from a leaking pipe in the bathroom, being able to prove that the pipe had been leaking for at least several months due to the amount of rust and corrosion visible on the pipe.
Related Pennsylvania Slip and Fall Legal Articles:
- Department Store Liability for Slip and Falls in Philadelphia, PA
- Proving Notice of a Dangerous Slip and Fall Condition Like a Puddle
- Fall Down Accidents-Slip and Fall, Trip and Fall Cases in Pennsylvania (Part Two)
- Fall Down Accidents-Slip and Fall, Trip and Fall Cases in Pennsylvania (Part One)
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Published: September 7, 2012