To secure compensation in a Pennsylvania slip and fall case, you must prove the property owner had notice of the dangerous condition. 

This does not always mean they saw the hazard. Under PA law, you win by proving constructive notice—meaning the hazard existed long enough that a reasonable owner should have discovered and fixed it.

Of course, proving what was in a property owner’s mind is impossible. Rather, we work to demonstrate that they had or should have had notice using circumstantial evidence. A skilled law firm may use subpoenaed maintenance logs, surveillance footage, and witness testimony to reconstruct the timeline of negligence.

If you have a question about a fall on someone else’s property, call Shipon Law Associates for a straightforward assessment of your situation.

Key Takeaways for Proving a Slip and Fall Case

1. Constructive notice is the foundation of most slip and fall claims. You do not need proof that the owner personally knew about the specific hazard; you must show the danger existed long enough that a reasonably attentive owner should have discovered and addressed it.
2. Evidence disappears quickly, so you must act fast. Surveillance footage is often recorded over within days, and physical evidence gets cleaned up, making it essential to contact an attorney who can send a formal preservation letter immediately.
3. Special rules apply to falls on snow and ice. Pennsylvania’s Hills and Ridges doctrine requires proving that the fall was caused by an unnatural accumulation of ice or snow, not just a generally slippery condition during a storm.

The Two Pillars of Proof: Actual vs. Constructive Notice

Actual Notice

Think of actual notice as the smoking gun. This is when the owner or their employees have direct knowledge of the hazard, yet did nothing about it.

Examples include an employee causing a spill while mopping and failing to put up a sign, or a customer explicitly reporting a leak to a manager. 

Constructive Notice (The Key to Your Case)

Most slip and fall cases are won by establishing constructive notice. This legal concept means the dangerous condition existed for a long enough time that a reasonably careful property owner should have discovered it through regular inspection and maintenance. Thus, the owner cannot claim ignorance if they were not paying proper attention to their property.

A simple example: if someone slips on a fresh, yellow banana peel on a grocery store floor, it suggests the accident happened too quickly for anyone to react. But if the peel was blackened, grimy, and flattened into the tile, it suggests it was ignored for hours.

The second scenario is a clear example of constructive notice. The amount of time the hazard was present is the most important factor in these cases.

The Hills and Ridges Doctrine: A Pennsylvania Specialty

Pennsylvania winters add a layer of complexity to slip and fall cases. Property owners frequently argue that it is impossible to keep a sidewalk completely clear during a snowstorm. This is where a unique state-specific rule comes into play.

The Hills and Ridges doctrine states that a property owner is generally not liable for slippery conditions caused by a natural accumulation of snow or ice. To have a valid claim under this doctrine, we must prove three things:

• The snow and ice had formed into ridges or elevations that unreasonably obstructed travel.
• The property owner knew, or should have known, about this condition.
• This dangerous accumulation is what caused you to fall.

This means you typically cannot sue for falling while snow is actively falling. However, this defense has its limits. 

If the hazardous ice was caused by a man-made issue, such as a leaky gutter, a downspout discharging onto a walkway, or improper snow removal that created an unnatural ice patch, the Hills and Ridges doctrine may not apply. 

Preserving Evidence From Home: The Investigation Phase

Even though you are home recovering, take immediate steps to protect the evidence needed for your case.

• The Preservation Letter: One of the first things Shipon Law Associates does is send a spoliation letter—a formal legal notice—to the property owner. This letter demands that they preserve all relevant evidence, especially security camera footage, which is usually recorded over every 48 to 72 hours.
• The Shoes and Clothing: Do not wash the clothes or clean the shoes you were wearing during the fall. Residue from substances like grease, cleaning wax, or slush could be powerful evidence of what caused the dangerous condition.
• The Digital Timeline: As soon as possible, write down everything you remember. Focus on details related to time. How long were you in the store before you fell? Did you notice the hazard on your way in? Did the spill have footprints or cart tracks running through it? Was the liquid sticky or half-dried at the edges? These details help us reconstruct the timeline of negligence.

FAQ: Proving Liability in PA Slip and Fall Cases

The store had a Wet Floor sign up, but it was far away from the spill. Can I still file a claim that they knew?

Yes. A sign is an admission that the owner knew about a hazard. If it was placed ineffectively or did not adequately warn you of the specific danger, the owner may still be liable for failing to take reasonable steps to protect visitors.

I fell on a sidewalk in Philadelphia. Is the city or the homeowner responsible?

In Philadelphia, the law generally places the responsibility for sidewalk maintenance on the adjacent property owner. However, if you are filing a claim against a government entity, there is a much stricter deadline. You must provide a formal notice of claim within six months of the injury, as required by 42 Pa. C.S.A. § 5522.

Nobody saw me fall. Is it my word against theirs?

Not necessarily. While eyewitnesses to the fall are helpful, they are not required. We will build a strong case using other evidence, such as incident reports, ambulance records, and testimony from witnesses who saw the dangerous condition before or after your fall, even if they did not see the fall itself.

What if I was partially at fault for looking at my phone?

Pennsylvania follows a modified comparative negligence rule under 42 Pa. C.S.A. § 7102. This means you may still recover damages as long as you are found to be 50% or less at fault for the accident. Your compensation would then be reduced by your percentage of fault.

How do you prove how long a spill was there?

We look for temporal evidence. This includes things like dried edges on a puddle, dirt or track marks through the substance, or witness statements. We also subpoena employee sweep logs and maintenance schedules to show the area was neglected for an unreasonable amount of time.

You Don’t Have To Prove It Alone

You do not have to know exactly how long a hazard was present to seek justice; that is our job to investigate. 

Property owners have insurance for these exact situations, but adjusters are trained to use the lack of notice defense to deny valid claims. Do not let a legal technicality prevent you from recovering the compensation you need for your medical bills and lost wages.

We handle the difficult investigation so you can focus on healing. Call us today.

Your priority after a slip and fall in Philadelphia is to seek medical attention as soon as you can.

This is because adrenaline, which floods your body after a traumatic event, is a powerful chemical that masks serious injuries like soft tissue damage or even a traumatic brain injury, making you feel fine when you are anything but. The urge to just walk it off is strong, but ignoring your body’s signals is a significant mistake. 

Once you get checked out, the next priority is securing the evidence needed for your claim. Even if you left the scene without taking pictures or gathering information, you can still preserve evidence and protect your rights from your living room. 

If you have a question about a fall that occurred today, call us.

Key Takeaways for Philadelphia Slip and Fall Victims

1. Seek immediate medical attention to create a clear timeline. An adrenaline mask hides injuries, and a delay allows insurance companies to argue the injury happened elsewhere.
2. Preserve the evidence you brought home with you. Bag your unwashed clothes and shoes, photograph your injuries, and write down every detail of the fall while the memory is fresh.
3. Strict deadlines apply, especially for government property. You have only six months to file a notice of claim against a government entity like SEPTA, compared to the standard two-year statute of limitations.

The Adrenaline Issue: Why You Must Receive Medical Care as Soon as Possible

The problem is simple: your body’s own defense mechanisms might be lying to you. After a sudden, jarring fall, your system floods with adrenaline, a hormone designed to suppress pain and allow you to get to safety. This biological response is incredibly useful in the moment, but it creates a dangerous gap in perception. You might not feel the full extent of your injuries for hours, or even a day.

This delay is something insurance companies look for. In Pennsylvania, a gap in medical treatment could used to argue that your injury happened after the fall, not because of it. Dismissing what feels like minor dizziness, stiffness, or a dull ache jeopardizes your ability to recover compensation for the medical care you need. 

Here is what to do right now:

• The Head-to-Toe Scan: As soon as you are home, methodically check your entire body. Look for any redness, bruising, or swelling that may not have been there before. Gently test your range of motion in your wrists, elbows, shoulders, ankles, and knees. Make a note of any sharp pain or stiffness.
• The Urgent Care Rule: Do not wait for the pain to become unbearable. Visiting a Philadelphia-area Urgent Care or an Emergency Room at a facility like Penn Medicine or Jefferson Health within the first 24 hours is absolutely mandatory. It creates an official medical record that links your injuries directly to the time and date of the fall, establishing a clear timeline that is difficult to dispute. This is particularly important because falls are the leading cause of TBI in adults over 65, and these injuries are sometimes missed during an initial assessment.

Preserve Evidence from Home 

You may not be able to return to the accident scene right now, but you are wearing some of the most compelling evidence you have. 

The clothing and shoes you had on at the time of the fall tell a story about the surface, the substance you slipped on, and the force of the impact. Preserving this evidence immediately prevents a property owner’s defense team from claiming your own footwear was the cause of the fall.

This is your immediate action plan for evidence preservation:

• Bag the Shoes and Clothes: Do not clean them. Do not wipe them down. If there is any liquid, grease, snow, or other debris on your shoes or clothing, seal them in a clean plastic bag. This preserves the substance for potential testing and proves what caused the hazardous condition.
• Photograph Your Injuries: Use your smartphone to take clear, high-resolution photos of any bruises, cuts, or swelling. Take pictures now and then again in a few hours, as bruising typically becomes more visible over time.
• Create a Digital Recreation: Open the notes app on your phone or a new document on your computer and write down everything you remember. Do it now, while the memory is fresh. Include details like the quality of the lighting, the weather conditions, and exactly what you were doing and where you were looking in the moments before you fell.
• Contact Any Witnesses: If you got a witness’s phone number, send them a simple text message now. A brief message like, “Thank you for your help earlier. Could you send me a quick text confirming you saw me fall near the entrance?” serves as a record of their observation while it’s still clear in their mind.

Be Careful of All Communication

Soon after your fall is reported, you might receive a phone call from the property owner’s insurance adjuster. They may sound friendly and concerned, but their goal is to gather information for the company they work for. It is common practice to ask for a recorded statement before you have had the chance to consult with an attorney.

Your strategy should be one of careful restraint:

• Silence on Social Media: Do not post about your fall or your recovery on social media. A simple post saying “I’m okay!” or photos of you trying to enjoy your weekend are used by defense attorneys to argue that your pain and suffering are exaggerated.
• Use The Script: If an adjuster or property manager contacts you, you are only obligated to provide your name and contact information. Do not discuss how the fall happened. Do not apologize or say things like, “I should have been more careful.” These are interpreted as a statement against interest—a legal term for an admission that will be used against you later.

FAQ for Philadelphia Slip and Fall Accidents

I fell on a cracked sidewalk in front of a rowhome; do I sue the city or the homeowner?

In most cases, the responsibility falls on the property owner. The City of Philadelphia code places the duty to maintain and repair sidewalks on the owner of the adjacent property.

It was snowing when I fell; does that ruin my claim?

Not necessarily. While a property owner has a reasonable time after a storm ends to clear snow and ice (a concept known as the storm in progress defense), they are still liable if a pre-existing hazard, or an unnatural accumulation of ice from a faulty gutter, for instance, was the true cause.

I didn’t go to the ER immediately; is my case over?

No, but you should seek a medical evaluation as soon as possible. As mentioned, adrenaline masks injuries. Going to a doctor now helps document your condition and counters any argument that the delay means your injuries weren’t serious.

My landlord says I’m responsible for snow removal; is that true?

It depends on the terms of your lease. While landlords have a statutory duty to keep common areas safe, a lease agreement may shift the responsibility for a specific walkway or entrance to the tenant. We recommend having your lease reviewed to clarify these duties.

Secure Your Future After a Fall

Pennsylvania law provides clear paths to justice for those injured by a property owner’s negligence, but these paths require swift and strategic action that starts the moment you get home.

If you are unsure of your next step, call Shipon Law Associates immediately to preserve your rights. Call us today.