Who Is Liable for a Slip and Fall on Ice in Pennsylvania?
In Pennsylvania, the owner or occupant of a property can be liable for a fall on snow or ice, but only after clearing a legal hurdle called the hills and ridges doctrine. When a fall happens during generally slippery conditions, the Superior Court held in Morin v. Traveler's Rest Motel (December 8, 1997) that the injured person must show snow and ice had built up "in ridges or elevations of such size and character as to unreasonably obstruct travel," that the owner knew or should have known about it, and that this accumulation caused the fall.
Local snow ordinances fill in what "should have known" looks like in practice. In the City of Greensburg, Section 232-19A of the city code requires the owner, occupant and tenant of every property fronting a city street to remove snow or ice from the sidewalks in front of or alongside the property "within 24 hours after the same shall have ceased to fall or to form," and the city's public works page repeats that 24-hour rule. Section 232-23 sets fines of up to $600 for violations. A fall on a sidewalk still covered two or three days after a storm ended looks very different from a fall during the storm. This post explains the hills and ridges doctrine, who can be responsible, the special notice deadline for claims against a municipality, and what to do after a fall.
What Is the Hills and Ridges Doctrine?
The hills and ridges doctrine is a Pennsylvania rule that limits a property owner's liability for falls on snow and ice during generally slippery conditions caused by the weather. The Morin court explained the reason behind it: requiring walks to "be always free of ice and snow would be to impose an impossible burden in view of the climatic conditions in this hemisphere."
Under the doctrine, an owner is not automatically liable because a sidewalk or parking lot was icy during a storm. The injured person has to prove three things:
Snow and ice had accumulated in ridges or elevations of such size and character as to unreasonably obstruct travel
The owner had actual or constructive notice of that condition
That accumulation caused the fall
When Does the Hills and Ridges Doctrine Not Apply?
The doctrine only protects owners during generally slippery conditions. Morin noted it does not apply when the hazard is an isolated, localized patch of ice rather than widespread slippery conditions.
A patch of ice from a leaking downspout, a refrozen puddle under a broken gutter or meltwater that ran across a walkway and froze on an otherwise clear day can fall outside the doctrine. In those situations, ordinary negligence rules apply, and the question is whether the owner knew or should have known about the hazard and failed to fix it or warn people.
Who Can Be Responsible for Snow and Ice?
Responsibility depends on who controls the property and what local law requires.
Homeowners and businesses that own the property where the fall happened
Tenants and occupants, who share the sidewalk duty under ordinances such as Greensburg's Section 232-19A
Landlords and property managers, depending on the lease and who controls common areas like parking lots and entrances
Snow removal contractors hired to plow or treat a property, depending on their contract
Municipalities, in limited situations
Sidewalks and Municipal Liability
For public sidewalks, Pennsylvania places primary responsibility on the neighboring property owner. Under 42 Pa.C.S. 8542(b)(7), when a local agency is liable because of its power to require installation and repair of sidewalks under the care of others, the local agency is "secondarily liable only and such other persons shall be primarily liable."
Is There a Special Deadline for Claims Against a Town or City?
Yes, and it is much shorter than the usual deadline.
Under 42 Pa.C.S. 5522(a), anyone with a claim against a government unit for an injury must file a written statement within six months of the injury. The statement must include:
The name and residence address of the person the claim belongs to
The name and residence address of the injured person
The date and hour of the accident
The approximate location where it happened
The name and address of any attending physician
Missing the six-month notice can end the claim unless the court finds a reasonable excuse, and the statute also excuses the notice where the government unit had actual or constructive notice of the incident. For claims against private owners, the general deadline is two years under 42 Pa.C.S. 5524, as explained in our post on how long you have to file an injury claim in Pennsylvania.
Does It Matter If You Were Partly at Fault?
It can. Property owners and insurers may argue that the injured person was wearing the wrong shoes, walking while looking at a phone or taking a shortcut across an untreated area. Under 42 Pa.C.S. 7102(a), your own negligence does not bar recovery as long as it was not greater than the negligence of the defendants, but your damages are reduced in proportion to your share of fault. Our post on how comparative negligence works walks through examples.
What Should You Do After Slipping on Ice?
The evidence in an ice case can literally melt away, so act quickly.
Get medical care and tell the provider exactly how you fell
Photograph the spot from several angles, including ridges, ice patches, downspouts and the surrounding surface
Note the weather, including when snow or freezing rain stopped, which matters under ordinances like Greensburg's 24-hour rule
Get names and phone numbers of witnesses and anyone who works at the property
Report the fall to the owner or manager in writing and keep a copy
Keep your shoes and clothing as they were
Mark the calendar, especially if a town, city or other government unit may be involved and the six-month notice applies
If a fall on ice is fatal, the family may have claims of its own. Our post on who can file a wrongful death claim in Pennsylvania explains who has standing.
If the fall happened at a business, ask whether there is video. Security footage can be recorded over, so a prompt written request matters.
FAQ
Can I sue if I slipped on ice in a parking lot?
Possibly. If the fall happened during generally slippery conditions, the hills and ridges doctrine applies and you must show ridges or elevations that unreasonably obstructed travel. If it was an isolated patch of ice, ordinary negligence rules apply.
How long does a Greensburg property owner have to clear a sidewalk?
Section 232-19A of the Greensburg city code requires removal within 24 hours after the snow or ice has stopped falling or forming.
Who is responsible for a public sidewalk in Pennsylvania?
Under 42 Pa.C.S. 8542(b)(7), the neighboring property owner is primarily liable, and the local agency is secondarily liable only.
How long do I have to file a claim against a township or city?
You must file a written notice within six months of the injury under 42 Pa.C.S. 5522(a), in addition to meeting the two-year lawsuit deadline.
Does the hills and ridges doctrine apply while it is still snowing?
The doctrine applies during generally slippery conditions caused by the weather, such as during or right after a storm. It does not apply to isolated patches of ice.
What if I slipped on ice at work?
A fall at work can involve different rules and different insurance than a fall on someone else's property. Talk to a lawyer about how the location and your job duties affect the claim.
Talk to a Personal Injury Attorney at Bolkovac Law Offices
Bolkovac Law Offices represents people hurt in slip and fall and premises liability cases across Western Pennsylvania from offices in Greensburg, Indiana, Murrysville and Uniontown. Attorney Mark D. Bolkovac, who started and manages the firm, was admitted to practice in Pennsylvania in 2002. Personal injury cases are handled on a contingency fee basis, so you do not pay attorney fees unless the firm recovers compensation for you, and consultations are free. Learn more about our slip and fall representation and our premises liability services.
Visit Bolkovac Law Offices or call 724-837-2626 today. Contact us for more information.
The information in this article is for general information purposes only and should not be taken as legal advice for any individual case or situation. Reading this article does not create an attorney-client relationship. Every case is different and outcomes depend on the specific facts involved. To discuss your situation, contact Bolkovac Law Offices at 724-837-2626.
Comments