The Law & You

I Fell on the Ice and Broke My Leg. Can I Sue the Facility?

The Law & You
January 29, 2018

The Law and You

I Fell on the Ice and Broke My Leg. Can I Sue the Facility?

Fellerman & Ciarimboli premises liability attorney Ed Ciarimboli and Corey Suda answer the question from a concerned viewer who broke her leg after walking on an icy set of stairs at a local facility. Does she have a legal case?

Dave Kuharchik: It is time, once again, for “The Law & You.”  Joining us today, we have attorneys Corey Suda and Ed Ciarimboli. Greg is off tonight.

Ed Ciarimboli: He dresses better than Greg.

Dave: Well, yeah I would say so. Well, the style is up here on the show, now it’s time to get to the legal advice. We’ll see how that goes. We have a picture to share with you today, we’ll get to the question first. Nancy in Hazleton says, “I fell last week coming out of this facility on the ice. I broke my leg in three places. Do I have a case?” So, it’s a slip and fall, we’ll take a look at the photo here to reference what’s going on. This is the picture that we have. I see steps, I see a glaze of ice there on the landing and the steps. What do you think ?here

Ed: You can see on there that there’s even a little bit of salt. A business like this, or any business for that matter, they have an obligation to make sure that the entrance and exit is safe. In times when it’s cold and there’s ice, they have to keep those steps clear from ice. There’s something called the “Hills and Ridges” doctrine that kind of applies to parking lots where if it forms an unreasonable hill or ridge, but entrances, stairs, exits, they are a little bit different. Obviously, they are on notice of the ice because there was salt there; They just didn’t do it adequately enough. You would potentially have a case here. I’m going to let Corey talk about what you need to do to make sure you can move forward with it, but you potentially have a case there.

Corey Suda: The most important thing to do is first is to take a picture of where you slipped and fell. We wouldn’t be able to tell if you have a case unless we have those pictures. The next thing you want to do is get any medical records -go see the doctor make sure you’re okay and get any medical records you can from that doctor. As soon as myself or Ed get the case we can send out a spoliation letter to possibly get surveillance footage of the fall. That would just help your case even more.

Ed: That’s a great point and with the surveillance video, lots of businesses have video of entrances or exits and also witness statements. We want to make sure that we memorialize, contemporaneously, with the incident of any witness statements that are out there.

Dave: Don’t forget, if you need legal advice, you can give the guys a call or check them out online. Results matter with attorneys Corey Suda and Ed Ciarimboli. Have a good night guys.

Ed and Corey: Thanks Dave.

Dave: pahomepage.com and “The Law & You” hotline are there for you.

 

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The Law & You is a nightly feature on channels WBRE-TV 28 and WYOU-TV 22 where the attorneys from Fellerman & Ciarimboli answer legal questions. If you have a question that you want answered by the Law & You attorneys, please submit the form on this page or call the hotline at 1-888-570-HURT.

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