Philadelphia Injury Attorney Blog

It’s January and the experienced Philadelphia slip and fall lawyers at Reiff and Bily are busy evaluating numerous slip and fall cases that we are presented with each winter. Many times we are contacted by clients who slip on ice that they had not previously noticed and fell, sustaining injuries often of a serious nature. One of the first questions we ask our clients is what did the surface of the ice look like? Was it clear, slippery, and smooth? Or were there hills and ridges?

In Pennsylvania, mere slipperiness is not enough to prove negligence in an icy condition. The plaintiff does not establish a cause of action for negligence if “nothing but the slipperiness” causes the accident. Rather it must be “such an accumulation of ice as to constitute an obstruction to travel or ridges or irregularities of such height or lying at such inclination or angle that it would likely trip passersby and cause them to fall.”

The law recognizes that there is a physical impossibility to always keep sidewalks or premises clear of ice or snow, and therefore under the hills and ridges doctrine to be successful in a slip and fall accident claim, you must establish that a landlord or premises’ owner negligently permits an accumulation of ice or snow remain on the sidewalk for such a period of time that a slippery and dangerous condition exists either by virtue of ridges, hummocks, depressions, or other irregularities.

Where snow is newly fallen and relatively undisturbed and smooth ice or snow causes someone’s injury, the landowner is generally not held liable even if that person is a business visitor to whom the highest duty of care is owed. Liability for a slippery or icy condition is closely tied to the particularities and specific nature of each case and the icy situation. In addition, there is an elaborate set of rules distinguishing private owners and local and state agencies which can lead to very different results depending on who controls the lot, sidewalk or roadway in question.

So, if you or a loved one is injured in a slip and fall accident on an icy or snowy surface, it is best to contact an experienced Philadelphia slip and fall attorney with over 30 years of experience handling slip and fall cases to evaluate your case on a no obligation, no cost basis.

Posted by Jeffrey M. Reiff | Permalink | Email This Post

Posted In: Slip and Fall

Bookmark:

A serious concussion and closed head injury is often a major consequence of falling down very hard on ice or snow. Blunt impact and jarring of the head against a hard surface can cause a concussion and concussions can lead to serious complications at the outset, including but not limited to blurred vision and headaches. If these symptoms continue for a long time, they may be signs of hemorrhaging, clots or even stroke. Last March we learned of the tragic death of actress Natasha Richardson who while taking a ski lesson tumbled and fell striking her head. There was no external sign of injury, no cut or bleeding but she started having headaches a short time thereafter.

As an experienced Philadelphia slip and fall lawyer with a specialty in closed head trauma and brain injury, I have investigated many cases where individuals have fallen or have sustained a blunt trauma to their heads. Resulting injuries have ranged from concussions with lasting consequences as a result of post concussion syndrome all the way to skull fracture, brain hemorrhage and sometimes even tragically coma and death.

If you sustained any type of head trauma as a result of impact to the head or a slip and fall, it is extraordinarily important to receive prompt and proper medical care. It is best to err on the side of caution when it comes to head trauma. Even a minor blow can cause a slow bleed and have devastating consequences.

Posted by Jeffrey M. Reiff | Permalink | Email This Post

Posted In: Slip and Fall

Bookmark:

The Pennsylvania hills and ridges doctrine holds that an owner of land is not liable for slippery conditions resulting from ice or snow unless he or she permitted the ice and snow to unreasonably accumulate in uneven elevations - small ridges and hills of frozen snow or ice. In order to prove a landowner’s liability, the plaintiff must first prove that the snow and ice accumulated on the sidewalk or roadway in ridges or elevations of such size and character as to unreasonably obstruct travel and create danger. If the snow has freshly fallen and is relatively undisturbed or there is smooth ice that is undisturbed and an injury is caused, the landowner may not be liable even if that person is a business invitee.

The hills and ridges doctrine recognizes the fact and responds to the situation that a landowner cannot be responsible continuously for ice and snow if he did not have a reasonable opportunity to correct the situation. The hills and ridges doctrine provides protection to persons in control of the property on which the slip and fall occurs on ice or snow. However, there is some confusion as to the applicability of the hills and ridges defense which is only available when the snow was caused by a natural accumulation of ice or snow. To establish liability upon the landowner, a claimant must prove each of the following elements were present:

1. The ice and snow had accumulated on the sidewalk or walking surfaces and ridges or elevations that are unreasonably obstructed to travel or a danger to persons traveling on the walk.

2. That the defendant property owner knew or should have known of the existence of such conditions.

3. That it was a dangerous accumulation of ice and snow that caused the plaintiff to fall.

The first essential is commonly known as the hills and ridges doctrine. This doctrine protects an owner or occupier of land from liability for “generally slippery conditions resulting from ice or snow where the owner has not permitted the ice and snow to unreasonably accumulate in ridges or elevations.” In theory, the law states it is unfair to require that one’s walkway always be free of ice or snow which would impose an impossible burden in view of climatic conditions in Pennsylvania.

If you or a loved one has been involved in a fall as result of accumulation of ice or snow, please contact one of our experienced slip and fall and premises liability lawyers for a free consultation.

Posted by Jeffrey M. Reiff | Permalink | Email This Post

Posted In: Slip and Fall

Bookmark:

Not so surprisingly slip and falls are the most frequent premise liability or accident types for both guests and employees of hotels. In fact, according to a recent study, slip and falls at hotels accounted for 42% of all claims with security related types of claims another 40%. Many times these two types of claims are inter-related. In a hospitality or hotel setting falls usually happen on stairways, balconies, ramps, and parking lots but most commonly in bathtubs or showers. Important factors usually involved in these falls are the presence or non-presence of handrails/guardrails, the presence of a non-slip surface, adequacy of lighting, and failure to maintain a slip resistant surface.

A static coefficient of friction is the benchmark used to maintain surface safety. Minimum slip resistance in a bathtub should be 0.5 for wet and dry guest bathroom facilities. There are many bathtub treatments and cleaning procedures which can make a bathtub or shower area slip resistant and safe. The hotel operator/owner is liable for a premise liability slip and trip or fall if an injury occurs as a result of a dangerous or hazardous condition on the property which could have been prevented or easily avoided even if the hazard is not obvious but known or should have been known to the owner.

It is important for all hotels to maintain their shower and bath areas and document the cleaning and maintenance procedure. Bathtubs should be continuously cleaned and degreased and treated with a skid and/or slip resistant treatment.

In our premise liability law practice, we unfortunately have dealt with too many cases involving broken bones and even more serious injuries as a result of hotels failing to properly maintain their facilities. Bathtub and bathroom safety is highly important. These claims are fought hard by insurance companies representing the hotel.

If you or a loved one has suffered a slip and fall accident in a hotel, it would be wise to have an experienced hotel premise liability attorney investigate your claim to determine the cause of the accident and whether or not you are eligible for compensatory damages.

Posted by Jeffrey M. Reiff | Permalink | Email This Post

Posted In: Slip and Fall

Bookmark:

‘Twas the weekend before Christmas and the biggest snow storm in decades struck Philadelphia and the surrounding metropolitan area. Roads were slick and many businesses remained open in an effort to keep profits going in a tightening economy. I started to leave my house and drive what I thought was a clearly plowed road, hit black ice, and sustained a bit of property damage to my vehicle when I slid into a fence. I decided to take the train to work and was curious to note that on Monday morning, two days after the snow, many pathways had not been shoveled or salted and I am proud to say that the path of entrance to our office was as clean as could be - salted and dry with no ice or snow.

The premise liability law of Pennsylvania imposes a duty on all property owners to keep their property safe for people who have a right to be there. The owner of the property must properly remove ice and snow and salt or place down a non-abrasive surface to all entrances, pathways and parking lots. As Monday, December 21st was two days after the snowfall and the day before was a day when most responsible people were clearing their sidewalks or shoveling, one would reasonably believe that the owner of any property would have had a reasonable time to correct any defect. Obviously it is unrealistic to remove snow consistently throughout a snow storm. However, if a day or two passes and the weather is sunny and clear, the owner is reasonably expected to salt, sand and shovel to prevent injuries to innocent passersby.

If you have been injured in a fall on ice or snow, you might want to consider contacting one of our experienced premises liability lawyers to carefully investigate your situation to determine if there is a cause of action as icy and snowy conditions are some of the most common causes of slip and fall accidents. If you are driving on the roadways, be especially careful with a hazardous condition known as black ice.

Posted by Jeffrey M. Reiff | Permalink | Email This Post

Posted In: Slip and Fall

Bookmark:

I recently had the occasion to stay in a “hip” modernistic and minimalist hotel frequented by models and show biz personalities. In the bathroom of the hotel was a non-doored shower with a concrete floor that was painted with one of the most slippery surfaces I had ever been on. As a matter of fact, (not that I am not the most agile person) but I fell down and almost killed myself while exiting the shower. As the hotel was not shy about charging top dollar, and despite its celebrity clientele, it seemed to me that this hotel took an old building and tried to make it as hip as possible by using the most minimalist of improvements, including in my opinion sacrificing safety factors. The hospitality industry must be committed to providing a safe environment for its guests. It owes its guests the highest duty of care to ensure further safety and security.

By the way, the hotel lobby had a very sheik and crowded bar and many people left the same for their rooms in what I shall describe as an impaired state of euphoria and not fully aware of their senses. Guess what their first stop probably is upon entering their rooms?

Continue reading "En Vogue Minimalist and Modernistic Hotel Had One of the Most Hazardous Bathrooms I Have Ever Visited - Accidents Waiting To Happen" »

Posted by Jeffrey M. Reiff | Permalink | Email This Post

Posted In: Slip and Fall

Bookmark: