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Hurt in a fall on someone else’s property? Proving why you fell is the key to these cases.
Since 1997, the attorneys at Flaherty Fardo Rogel & Amick have represented injured people and their families throughout Pittsburgh and Western Pennsylvania. We work closely as one team. Every case that heads toward trial has the whole team behind it.
We have represented people injured in falls at restaurants, shopping malls, department stores, retail businesses and parking lots across Western Pennsylvania. Property owners are not responsible for every fall. But when a fall happens because an owner ignored a dangerous condition, Pennsylvania law allows the injured person to be compensated.
After a Fall: What to Do
- Get medical care right away.
- Report the fall to the owner or manager and ask for a copy of the incident report.
- Photograph the exact spot before it is cleaned up or repaired: the spill, ice, broken step, lighting and any warning signs, or the lack of them.
- Keep the shoes and clothes you were wearing.
- Get witness names and note any security cameras.
- Call a lawyer quickly. Store video is often recorded over within days or weeks. We send letters demanding that it be preserved.
Common Causes of Falls
- Wet or freshly mopped floors with no warning
- Spills and debris left in store aisles
- Ice and snow on sidewalks, steps and parking lots
- Broken or uneven sidewalks, steps and curbs
- Poor lighting and missing handrails
- Torn carpet, loose mats and sudden changes in floor height
- Defective escalators and elevators
Common Injuries
Many of the most lasting fall injuries happen to the shoulders and arms when people try to catch themselves. A torn rotator cuff is a prime example. Other common injuries include broken wrists, hips and ankles, knee injuries, back injuries and head injuries.
Pennsylvania Rules You Should Know
- What you must prove. A business owes its customers reasonable care. In general, you must show the owner knew or should have known about the dangerous condition, that it posed an unreasonable risk, and that the owner failed to take reasonable steps to fix it or warn you.
- Notice matters. The owner must have had actual notice of the condition, or it must have existed long enough that the owner should have found it.
- Snow and ice. Under Pennsylvania’s “hills and ridges” rule, an owner is generally not responsible for a fall on generally slippery conditions caused by recent snow or ice. Liability usually requires proof that snow or ice was allowed to build up into ridges or elevations that obstructed travel, and that the owner had notice and did not act within a reasonable time. Whether the rule applies depends on the conditions, so ask us.
- Public sidewalks. A city, borough or township can be liable for a dangerous sidewalk only in limited circumstances and with notice. When the local government’s liability rests only on its power to make others repair the sidewalk, it is only secondarily liable. The people responsible for the sidewalk are primarily liable.
- Shared fault. You can recover if you were 50% or less at fault. Your award is reduced by your share.
- Deadline. Most injury lawsuits must be filed within two years. Claims against a government agency, such as a city, township, PennDOT or a transit authority, require written notice within six months, and immunity laws limit some claims.
How We Build Slip and Fall Cases
- Prove why the fall happened. We gather photos, video, inspection and cleaning logs, maintenance records and witness statements.
- Prove what the owner knew. Prior complaints, earlier falls and missed inspections can show the owner had notice.
- Experts when they matter. Safety engineers can measure slip resistance, lighting and step heights against building codes.
- Trial-ready. Insurance companies know we are prepared to try cases to a jury.
What You Can Recover
- Past and future medical expenses
- Lost wages and reduced earning capacity
- Pain, suffering and loss of life’s pleasures
- Wrongful death damages for surviving family members
Related Cases We Handle
Talk to an Injury Lawyer
Every case starts with a conversation with a lawyer. We will tell you honestly whether you have a case and what it may be worth. Our injury cases are handled by Noah Fardo and Bill Rogel, working with Shawn Flaherty.
Call 412-802-6666 or email Managing Partner Noah Fardo at npf@pghfirm.com. Prefer to text? Use 412-855-5511. More answers: Personal Injury FAQ.
There is no fee unless we obtain a monetary recovery. We advance the case costs and are reimbursed from the client’s share only if we are successful. General information only, not legal advice. Past results do not guarantee a similar outcome.
