QUESTION

I have fell in the 2010 Blizzard on/In the drive way of a housing complex. Can I still sue? Tore Leg Ligaments. Bills are not payed and pain has-

Asked on Jul 23rd, 2012 on Personal Injury - Pennsylvania
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1 ANSWER

It is unclear whether you can pursue a cause of action under the factual circumstances you described.  First, the statute of limitations for pursuing a claim for premises liability in PA is 2 years from the date of the injury.  So, if your fall occurred before August of 2010, then the claim is now time-barred and you cannot begin an action for your injuries.   If your fall occurred in late 2010 (e.g., Nov. - Dec.), then you only have a few more months in which to file a lawsuit against the property owner of the place where you fell.   In order to recover, you would also have to establish what you were doing on the property at the time, how long the ice / snow that caused you to fall was present on the property, whether it was plowed, salted, etc..  Slips and falls on ice and snow can be difficult to win in PA. I would be happy to discuss the matter with you in more detail, if you would like.  Please feel free to contact me directly either by phone or email.  Michael J. Davey, Esquire Eckell, Sparks, Levy, Auerbach, Monte, Sloane, Matthews & Auslander, P.C. 344 West Front Street Media, PA 19063 (610) 565-3700 x 271 mdavey@eckellsparks.com www.paemploymentlaw.blogspot.com www.eckellsparks.com
Answered on Aug 20th, 2012 at 10:36 AM

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