Slip & Fall Lawyer in Pennsylvania

Pennsylvania's two-year personal injury statute of limitations under 42 Pa.C.S. § 5524 begins on the date of the injury. Two years is a compressed timeline for premises liability cases where the injury's full extent — spinal fractures, traumatic brain injuries, hip replacements — may not be fully documented for months after the fall. An attorney must file a protective complaint before the two-year mark even when treatment is ongoing. For government premises claims, 42 Pa.C.S. § 5522 requires written notice within six months of the injury — the most urgent deadline in any Pennsylvania government-premises case, running entirely within the two-year SOL. Surveillance footage from commercial properties, store cameras, and parking lot cameras must be preserved within 24 to 48 hours by preservation demand before standard overwrite cycles eliminate the evidence.

Pennsylvania's hills-and-ridges doctrine is the most distinctive and defendant-favorable winter premises rule in the mid-Atlantic region. To survive summary judgment in a snow-or-ice slip-and-fall case, a Pennsylvania plaintiff must prove: (1) the snow or ice had accumulated in ridges or elevations of such size and character as to unreasonably obstruct travel and constitute a danger; (2) the property owner had actual or constructive notice of the specific accumulation; and (3) the dangerous accumulation caused the injury. A fresh snowfall without ridge formation, or a smooth icy coating across an entire parking lot, may fail prong (1). Expert meteorological evidence — weather records, temperature logs, satellite data establishing freeze-thaw cycles — establishes when ridge formation occurred and when reasonable inspection should have discovered it. An attorney engages a meteorological expert and a premises safety expert within weeks of the fall to document the specific ridge conditions at the time and location of the injury.

Pennsylvania's open-and-obvious doctrine (Carrender v. Fitterer, 469 A.2d 120 (Pa. 1983)) is a significant defense barrier in non-winter premises cases. Carrender established that a landowner generally owes no duty to protect invitees from conditions that are obvious and known — though Restatement (Second) § 343A creates an exception where the landowner should anticipate the harm despite the obviousness (for example, where the property's configuration makes avoiding the obvious hazard impractical). For transitory conditions like spills on business floors, Pennsylvania requires proof that the owner had actual or constructive notice: either the owner caused the hazard, or the hazard existed long enough that reasonable inspection would have discovered it (Moultrey v. Great A & P Tea Co., 422 A.2d 593 (Pa. Super. 1980)). Surveillance video of the pre-fall time period — documenting when the spill first appeared and whether store employees passed it without response — is the critical evidence for constructive notice.

Government premises liability in Pennsylvania is bounded by two statutory frameworks with different caps. Claims against the Commonwealth (PennDOT properties, state office buildings, state university facilities, PA Turnpike Commission) fall under the Sovereign Immunity Act (42 Pa.C.S. §§ 8521-8528), which caps recovery at $250,000 per person and $1,000,000 per occurrence (§ 8528). Claims against political subdivisions (municipal sidewalks, county buildings, school district facilities) fall under the Political Subdivision Tort Claims Act (42 Pa.C.S. §§ 8541-8542), which caps aggregate liability at $500,000 per occurrence (§ 8553). Both frameworks require six-month written notice under 42 Pa.C.S. § 5522. Missing the six-month notice is fatal to the government claim. An attorney identifies the responsible government entity within the first week of engagement — sovereign vs. political subdivision distinction controls both the notice recipient and the applicable damages cap.