Although it is essential for you to be aware of your surroundings in Pennsylvania, you cannot be always focused on your feet. We at Friedman, Schuman, Applebaum and Nemeroff, P.C., are aware of the responsibilities that individuals, companies, organizations, and agencies have to keep your path clear and safe.
If you fall and are injured because of a condition that should have been fixed, you do have a limited amount of time to file a premises liability claim. This is a factor pointed out by the City of Lancaster when it was sued for a damaged sidewalk, according to the Penn Record. In answering the plaintiff’s claim, the city stated that the woman did not meet this six-month deadline.
Another element of premises liability that you may see in this case is whether the defendant knew or should have known of the hazard. The lawsuit alleges that the unrepaired sidewalk had remained dangerous for some time before the accident. The city claims no one had filed a complaint about the issue, so there was no way for it to reasonably have known the sidewalk needed repairs.
A factor in this case that you would not see in a lawsuit against an individual or a business is whether the city is considered a political subdivision under the Pennsylvania Political Subdivisions Tort Claim Act. If so, then the municipality may be immune from liability. However, there may still be some exceptions to this immunity that are applicable.
The litigation claims that the plaintiff’s considerable injuries from the slip-and-fall accident may keep her from ever returning to normal life.
Written on behalf of Friedman Schuman. Contact our firm for a consultation to discuss your legal matter.