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I lost my balance, tripped and fell on a brick sidewalk because I stepped into a hole where the bricks were missing. I seriously injured my knee. Can I sue?

 

A:

Yes.  If the sidewalk was in front of a home or a business, you may be able to sue the homeowner or the business owner.  In Pennsylvania, property owners, including home owners and commercial businesses, have the duty to maintain the sidewalk on their property, i.e., make sure there aren’t any dangerous tripping hazards.  If the bricks were missing, pedestrians like you, are likely to fall. 

The property owner may be liable for your injuries if they knew that the brick sidewalk was missing bricks which can cause pedestrians to fall.  Under Pennsylvania trip and fall accident law, this is known as actual notice.

If the homeowner or business had actual notice that the brick sidewalk was in need of repair but did nothing to repair it, they will be liable for the injuries sustained by pedestrians.

If the property owner did not have actual notice of the missing bricks, you may still recover if the property owner had constructive notice, where the missing bricks existed long enough so that the property owner should have known about the problem and would have had constructive notice under the law.

There are other factors we must consider in a trip and fall case such as yours, i.e., time of day, whether you have walked there before, etc.  Feel free to contact me and I would be more than happy to discuss your potential case with you. 877.944.8396

Related PA Trip and Fall Accident Legal Articles

 


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