Tripping or slipping on a damaged sidewalk might seem like an everyday accident, but when it causes serious injuries, medical bills, and time away from work, questions about liability naturally arise. If this happened to you, you may be wondering: Can I sue for a sidewalk injury in Pennsylvania?
The answer depends on several factors—who owns or maintains the property, the condition of the sidewalk, and whether someone’s negligence contributed to your fall. In Pennsylvania, sidewalk injury cases can be complex because responsibility may fall on a private property owner, a business, or even a government entity. Each situation follows different rules and deadlines for filing a Pennsylvania sidewalk injury lawsuit.
This article explains how Pennsylvania law handles sidewalk injury claims, what evidence matters most, and how an experienced sidewalk injury lawyer in Pennsylvania can help protect your rights and pursue compensation.
Understanding Sidewalk Liability in Pennsylvania
In Pennsylvania, sidewalks are considered part of the property that borders them. That means the person or entity responsible for maintaining the adjacent property is often responsible for keeping the sidewalk safe and in good repair.
Under Pennsylvania law, property owners—whether private homeowners, landlords, or businesses—have a duty to maintain sidewalks in a reasonably safe condition for pedestrians. This includes repairing cracks, uneven surfaces, and other defects that could lead to a Pennsylvania slip and fall sidewalk accident.
However, the rules are not always straightforward. Municipalities and cities also share certain responsibilities, particularly when the sidewalk is part of public property or when the defect results from city infrastructure problems, such as broken curbs or poorly maintained drainage.
Who Can Be Held Liable for a Pennsylvania Sidewalk Injury?
Determining who is legally responsible for a Pennsylvania sidewalk accident claim depends on where and how the injury occurred:
1. Private Property Owners
Homeowners and business owners must maintain the sidewalks in front of their properties. If they fail to repair dangerous cracks, ice buildup, or uneven pavement, they can be held liable under premises liability law. For example, if a homeowner neglects to shovel snow and ice and you slip, you may have grounds for a Pennsylvania sidewalk liability claim.
2. Municipalities or Public Entities
If the sidewalk is part of public property—such as a city-owned street, park, or walkway—the municipality may share or assume full responsibility. However, suing a government entity is more complicated. Pennsylvania law requires you to file a formal Notice of Intent to Sue within a short timeframe, typically within six months of the incident, under the Political Subdivision Tort Claims Act.
Municipal entities also enjoy certain forms of immunity. Claims against them must meet specific legal exceptions, and damages may be capped under Pennsylvania law.
3. Businesses or Commercial Landlords
In front of commercial properties, maintenance duties may be outlined in leases or local ordinances. For example, a store owner who fails to clear debris or fix broken concrete could face liability for a Pennsylvania personal injury sidewalk case if a customer or pedestrian is injured.
4. Utility or Construction Companies
If a sidewalk defect resulted from nearby construction, utility work, or excavation, the responsible company could be held accountable for unsafe conditions that caused the injury.
Common Causes of Sidewalk Injuries
Sidewalk accidents can happen for many reasons, but the most frequent causes in Pennsylvania pedestrian accident claims include:
- Cracked or uneven pavement
- Loose bricks or broken concrete slabs
- Ice, snow, or untreated slippery conditions
- Poor lighting around public walkways
- Tree roots lifting sections of sidewalk
- Construction debris or temporary obstructions
Even a minor defect can lead to serious harm, such as broken bones, torn ligaments, concussions, or back injuries. Establishing the cause and documenting it immediately after the fall is important for a successful Pennsylvania sidewalk injury claim.
What You Need to Prove in a PA Sidewalk Injury Case
To successfully sue for a sidewalk injury in Pennsylvania, you’ll need to establish four key elements of negligence:
- Duty of care: The property owner or entity had a legal duty to maintain the sidewalk in a safe condition.
- Breach of duty: They failed to correct or warn about a dangerous condition they knew or should have known about.
- Causation: That failure directly caused your accident.
- Damages: You suffered actual injuries or financial losses as a result.
Proving negligence often requires evidence such as photos of the defect, maintenance records, witness statements, and medical reports. In some cases, expert testimony from an engineer or safety specialist can help demonstrate how the sidewalk was unsafe.
When the Government Is Involved: Special Rules and Deadlines
If your Pennsylvania sidewalk accident claim involves a public walkway or municipal property, special rules apply. Pennsylvania’s Sovereign Immunity Act and Political Subdivision Tort Claims Act limit lawsuits against state and local governments.
Key points to remember:
- You must provide written notice within six months of the incident to the appropriate government agency.
- Claims are limited to specific exceptions, such as dangerous conditions of streets, sidewalks, or public works.
- Damages in these cases are typically capped (for example, $500,000 per incident for local agencies).
Missing these deadlines or filing incorrectly can result in your case being dismissed, regardless of its merits. This is why working with an experienced Pennsylvania sidewalk accident attorney is critical when government property is involved.
Comparative Negligence in Pennsylvania
Pennsylvania follows a modified comparative negligence rule. This means that if you are partially at fault for your own accident—for example, if you were distracted while walking or ignored warning signs—your compensation can be reduced by your percentage of fault.
If you are found more than 50% at fault, you cannot recover damages at all. Insurance companies often use this rule to minimize payouts, so it’s important to have a lawyer who can counter unfair blame and present clear evidence of negligence by the responsible party.
What Compensation Can You Recover?
In a successful Pennsylvania sidewalk injury lawsuit, compensation (known as damages) may include:
- Medical expenses (current and future)
- Lost income or reduced earning capacity
- Pain and suffering
- Rehabilitation and therapy costs
- Out-of-pocket expenses related to the injury
If the injury is severe and leads to long-term disability or affects your ability to work, your attorney can help calculate future damages as part of your Pennsylvania sidewalk fall compensation claim.
What To Do After a Sidewalk Accident in Pennsylvania
Taking the right steps immediately after an accident can strengthen your Pennsylvania sidewalk injury legal rights:
- Seek medical attention right away, even if your injuries seem minor.
- Take photos of the sidewalk, surrounding area, and any visible hazards.
- Get witness information from anyone who saw the fall.
- Report the incident to the property owner or local authorities.
- Consult a Pennsylvania personal injury attorney before giving statements to insurers.
The sooner you act, the better your chances of building a strong case.
Call Brandon J. Broderick For Legal Help
If you were hurt in a sidewalk accident in Pennsylvania, you may have the right to pursue compensation. At Brandon J. Broderick, Attorney at Law, we represent injury victims across Pennsylvania who were injured because of unsafe sidewalks, poor maintenance, or negligence by property owners or municipalities.
Our team of experienced attorneys understands how to investigate liability, handle government notice requirements, and fight for maximum recovery in Pennsylvania sidewalk injury claims. Don’t wait to learn about your options—your time to file may be limited.
Contact Brandon J. Broderick, Attorney at Law today for a free consultation and find out how we can help you pursue justice after your Pennsylvania sidewalk accident.