Go to navigation Go to content
Phone: (215) 864-7168
Toll-free: (877) 944-8396

White and Williams LLP

Practice Areas

Do I have a lawsuit against my landlord because my husband, who needs hip surgery after he slipped and fell in the parking lot of our apartment complex?

 

A:

It depends on the facts and circumstances of the case.  If your husbands’ injuries affected and continues to affect your relationship with your husband physically and/or emotionally, you may have a lawsuit against the landlord.  In Pennsylvania, this is called a loss of consortium claim. See What Is A Loss Of Consortium Claim In A PA Personal Injury Lawsuit?

In Pennsylvania personal injury lawsuits, uninjured spouses may bring a loss of consortium claim against negligent parties. Because the injured spouse can no longer provide affection, companionship, support and other services in the marriage, the uninjured spouse may recover for those losses from the at fault party that caused the accident.  Loss of consortium is a derivative claim.  Therefore, an uninjured spouse can only bring a loss of consortium claim if the injured spouse is filing a personal injury lawsuit. 

In your situation, your husband would need to file a lawsuit against the landlord in order for you to file a loss of consortium claim.  In order for both of you to recover, the landlord has to be negligent, and that negligence must have caused your husband to slip and fall in the parking lot. 

For example, if there was a snow storm several days prior to your husband’s fall and the landlord never cleared, shoveled or salted the parking lot, then the landlord would be responsible for your husband’s injuries.  Landlords in Pennsylvania have a duty to keep common areas, such as a parking lot, free of unreasonably dangerous conditions.  By not clearing the parking lot of snow and ice even several days after the storm, the landlord is negligent.  In addition to the landlord, an outside contractor may also be responsible.  This is the case if the landlord hired a snow removal company to clear the snow. 

It is important to note that even if your husband recovers damages from the landlord and other liable parties, it does not mean you automatically recover losses for your loss of consortium claim.  Evidence would need to be presented to show your losses, i.e., the amount of work and responsibilities you assumed after your husband’s injuries compared to before your husband’s accident, the change in the relationship you have with your husband physically and emotionally, etc.

If you would like to discuss your claim further, feel free to call me at 877.944.8396. 

Related slip and fall accident case result: NJ Slip & Fall On Ice Case Settles For Client With Fractured Ankle


Do I Have a Case?

Filling out this online form, and we will get back to you immediately to schedule your free case evaluation.Free · No Obligation

Our Offices

  • Philadelphia (*Primary)
  • 1650 Market Street, Suite 1800
    Philadelphia, PA 19103
  • Phone: (215) 864-7168
  • Toll Free: (877) 944-8396
  • Directions
  • Cherry Hill
  • 457 Haddonfield Road
    Cherry Hill, NJ 08002
  • Phone: (856) 317-3600
  • Toll Free: (877) 944-8396
  • Directions