Slip and Fall Injuries: Who Is Responsible?

After a fall, most people ask the same thing: was that my fault, or should someone have fixed it? The answer depends on who controlled the property and what they knew about the hazard.

The basic rule: a duty of care

Property owners, and others who control a property, generally have a duty to keep it reasonably safe for people who are lawfully there. That means inspecting, repairing dangerous conditions and warning visitors about hazards that cannot be fixed immediately.

Who might be responsible

Stores and other businesses

Supermarkets, restaurants and shops are expected to check for spills, wet floors and cluttered aisles, and to deal with them within a reasonable time.

Landlords and property managers

In apartment buildings, the landlord or manager is generally responsible for common areas such as stairwells, hallways, parking lots and walkways.

Homeowners

A homeowner can be responsible for hazards on the property, and often for the sidewalk in front of it. These claims are often covered by homeowner's insurance.

Government entities

Falls on public property raise special rules, including shorter notice deadlines. If a city or agency may be involved, talk to a lawyer promptly.

What you generally need to show

1. A dangerous condition existed.
2. The owner knew about it, or reasonably should have.
3. The owner did not fix it or warn people.
4. That failure caused your injury.

What if I was partly at fault?

Insurers often argue that the injured person was not paying attention. Under Pennsylvania's comparative negligence rule, shared fault can generally reduce a recovery rather than automatically prevent one. The details matter, so do not rule yourself out.

What to do after a fall

Photograph the hazard before it is cleaned up, report the fall, get the names of witnesses and see a doctor right away. Our Philadelphia slip and fall page has a full checklist. If the fall happened at work, see our workplace injury page too. Then contact Patterson Injury Lawyers. The consultation is free.