Snow and ice are anticipated during the winter months and accompanied by an increased risk of falling due to the weather conditions. In Pennsylvania, a property or business owner may not be accountable for slip due to a natural accumulation of snow and ice that is fairly obvious to all; however, if proven that the property or business owner has been delaying unreasonably the removal of snow and treating the ice, they may be liable for the accident. To win the battle, the victim would have to prove the negligence of property owner making him directly responsible for the injuries, and that he had a reasonable time to remove the hazardous snow and ice conditions.
In most cases, property owners hire plow companies to remove snow and ice removal keeping their parking lots and sidewalks safe for pedestrians. It is the duty of each individual to exercise reasonable care when walking in any area that has imminent danger, as to the presence of snow and/or ice. Carelessness on the part of the individual may lead to injury and in a case filed in court; it either lessens recovery in a potential lawsuit or bar any recovery completely.
On March 2, 2006, Sam Agresta suffered a slip- and- fall at the Condominium Association in Springton Pointe that was located in Pennsylvania’s Newtown Square. He slipped and fell on the icy common area of the community property in front of his home.
He filed a case in the Philadelphia Court of Common Pleas, and it was tried on March 2, 2010. After all evidences were heard, the jury awarded Agresta the whooping sum of $954,000.00 versus defendants: (1) Springton Pointe Condominium Association; and (2) the Wentworth Property Management Corporation. The judge found that Springton Pointe was negligent in maintaining safety of the premise where Agresta fell and the responsibility included Wentworth who was hired by the Association to manage the townhome community.
Prior to the fall, Agresta had pre-existing spinal stenosis; however, it was proven that the fall increased the neurologic injury more than the underlying degenerative condition. As a result of the trauma of the fall coupled with his the present state of his body, Agresta had from a cervical C3 to C7 laminectomy with instrumented fusion..
Although there was no mention of any wage loss claim but the total amount of medical bills was about $44,000. The judge found Agresta to have a fault of 10% for negligence; 40% of the fault was attributed to Springton Pointe Condominium association was found 40% while the 50% was the fault of Wentworth Property Corporation. One settlement was made before the trial and one after the trial. The recovery amount including delay damages totaled approximately $1.1 million.
If you have been the victim of a slip and fall, don’t delay in contacting us. It is crucial to get this type of claim started in a timely manner, because evidence can often disappear or be covered up in the aftermath of a slip and fall. Contact your slip and fall attorneys and he/she will want to get started right away in order to collect evidence and interview witnesses before they begin to forget. In addition, there are also strict deadlines for filing a slip and fall claim no matter where you live.