Recently, Ontario enacted a law giving people just 60 days to file a slip and fall claim, a substantially shorter time frame than the two years it previously allowed for filing claims. Proponents of the new law said the longer span of time made it difficult to defend against such claims, as evidence may be long gone at that point, and that the new law encourages people to file suit promptly. Those against the new rule argued that those who are seriously injured by such accidents might still be hospitalized during that time frame and be at a disadvantage in being able to take action.
Fortunately, in Pennsylvania, you have more time to take action after a slip or trip and fall. The statute of limitations – or time you need to file a lawsuit – is two years. If you file after that time, the court will likely dismiss your case, though in rare cases you may be able to show why that time frame should be paused.
In slip and fall/trip and fall cases in Pennsylvania, something else may affect your case: “comparative negligence.” The other side may argue that you share some of the blame in the injury that occurred, so as to reduce the percentage of fault (and any award or judgement) to the other party. Under Pennsylvania law, if you are responsible for more than 50 percent of the fault, you may not receive anything at all.
Slip and fall cases in Pennsylvania can be complicated. If you have an injury caused by a fall and believe it is due to someone’s mistake or negligence, it may be best to talk to an attorney experienced in slip/trip and fall cases in Pennsylvania. Please reach out to us. Our firm is recognized as a leader in litigating these cases throughout Pennsylvania.