My Landlord Fixed The Condition That Caused Me To Fall.
Can I Use This To Prove He/She Is At Fault?
The SHORT answer: No.
The LONG answer: Maybe.
Regardless, hopefully you took photos or videos of what caused you to fall.
In Pennsylvania, when someone falls and is injured as a result of a dangerous, negligent or
defective condition on a property, the law encourages the owner of the property to fix or correct
the condition to prevent another person from being injured. This is know as a “Subsequent
Remedial Measure” and cannot be used to prove that the property owner was at fault. Likewise,
the subsequent fixing cannot be used to prove negligence, culpable conduct, a defect in a product
or its design, or a need for a warning or instruction. Therefore, it is important that photographs be
taken of the condition in the event the landlord fixes it.
When can my Pennsylvania personal injury attorney show a jury that the landlord fixed the
condition? There are a few instances:
- To Prove Ownership (if disputed)
- For Impeachment of a Witness
- To Prove Control of a Particular Area or Property
- Feasibility of Precautionary or Remedial Measures
Here are a two examples to consider:
Example 1: A Pennsylvania tenant falls down a set of stairs leading up to their apartment. The
stairs were made of wood and were rotting. The tenant’s leg broke through the step and caused
him to suffer injuries, including a fractured femur and torn meniscus. After the tenant notified
his landlord, the stairs were repaired. During trial, the tenant’s personal injury lawyer can not
argue to the jury that because the landlord fixed the stairs it meant that he was negligent and that
the stairs were dangerous or defective.
Example 2: A Pennsylvania patron slipped and fell as a result of an accumulation of ice in the
parking lot of the Scranton, Pennsylvania Walmart store. After the patron reported the fall to a
Walmart employee, the store sent out several employees to sprinkle rock salt throughout the
parking lot. During trial, Walmart’s lawyers attempt to argue that the store is understaffed and it
would not be feasible to have employees sprinkle rock salt and clean snow and ice from the
parking lot. The injured person’s Pennsylvania personal injury lawyer can show the jury that
cleaning the ice is feasible, as evidenced by the fact that Walmart employees sprinkled rock salt
throughout the parking lot after the injury was reported.
If you slipped or tripped and fell and were injured as a result of negligence, call a Pennsylvania
fall or premises liability attorney at the Biscontini Law Firm by calling (570) 283-7777.
The information obtained in this website or the page My Landlord Fixed The Condition That Caused Me To Fall. Can I Use This To Prove He/She Is At Fault? is not, nor is it intended to be, legal advice. You should consult an attorney for advice regarding your individual and unique situation. Our office invites you to contact us to set up a free consultation with an attorney to review your potential matter. Contacting us does not create an attorney-client relationship. Please do not send any confidential information to our office until such time as a formal attorney-client relationship has been established.