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.