Suffering a fall while walking to or from your rented property can be challenging. In Philadelphia, the risk of dealing with ice, snow, sleet, and their combination is very common. However, understanding who is responsible for cleaning these walkways is also essential.
The laws are somewhat misunderstood. To help you understand your rights, consider the following from an experienced Philadelphia premises liability lawyer.
What the Law Says
In Philadelphia, winter weather is expected and can be planned for to some degree. Philadelphia maintains an ordinance requiring building owners, their agents, or their tenants to keep a clear path at least 36 inches wide on sidewalks in front of their buildings. Typically, one of these parties must clear that snow within six hours, but there are reasonable expectations for this process.
If the property is a multi-family unit, such as a two-story duplex, an apartment complex, or another similar structure, the property owner is responsible for snow removal and ice prevention. That means if you are a renter in a multi-unit property, the owner must maintain a safe walkway for you and the other residents.
If you suffer an injury as a result of the ice or snow, and you can show that the owner or agent of the property had the knowledge and time to rectify the situation but failed to do so, that party could be responsible for your losses. Although not a simple process, your slip-and-fall attorney will help you demonstrate the owner’s responsibility in these cases.
What About Single-Family Homes
If you rent a single residential unit, such as a home, the requirements are slightly different. To determine whether the owner is responsible for maintaining ice and snow, you must check your lease.
Most lease agreements specify who is responsible for snow and ice removal. This requirement applies to walkways, driveways, and other areas you need to access. In many of today’s leases for single-family homes, landlords build in clauses that place that responsibility on the renter, instead of the landlord.
That means tenants of these properties have to remove the snow and ice themselves. Your landlord may not be responsible. If you are unsure of your lease terms, read your lease to find out.
If the landlord is responsible for maintaining these areas but fails to do so, and you fall and suffer an injury, the landlord may be liable for your injuries. However, if you are responsible for clearing the snow, and you fall as a result of not doing so, you cannot seek compensation from the owner.
Timing Matters in These Cases
The law provides that, six hours after a winter storm passes, a landlord of a multi-family building may take action. However, this is not a strict timeline. Rather, the law requires reasonable efforts. That does not give the landlord days to clear the roadway, but it may allow for more time if, for example, the storm ends overnight.
What to Do If You Have Injuries from Accidents
In situations where snow and ice removal do not happen, and you suffer injuries as a result, it is imperative that you know what to do. Here are some steps that can help you navigate this process:
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Determine if your lease requires the landlord to clean the surface.
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If the landlord cleaned the sidewalks and parking lot, did they do an inferior job?
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Do weather conditions make it difficult for the owner to maintain the property, such as persistent snow or temperature drops?
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If the owner is responsible and you fall, get medical care right away. That may mean going to the emergency room if your injuries are severe or going to an urgent care if not.
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Report the incident to the property owner at that time. Doing so allows you to document what took place and when.
In all situations, follow your doctor's medical advice. Follow through on care and treatment requirements. Do not go to work until your employer says you can do so. In cases of serious accidents that result in serious injuries, contact an attorney right away.
How a Slip and Fall Lawyer Can Help You
Injuries and losses from accidents like these can be serious, especially if someone is older, prone to injuries, or suffers a fall involving a strike to the head. For those reasons, hire a slip and fall accident lawyer in Philadelphia to help you. Your attorney will gather evidence to prove your case. They will identify who is responsible, provide documentation of how the landlord violated your rights and put your health at risk, and put you in touch with legal counsel.
Your attorney works to build your case, document all of your losses, and negotiate for fair compensation. If your landlord’s negligence caused you to suffer injuries, do not hesitate to seek legal guidance.
Kwartler Manus provides reliable legal insight when you have injuries. Contact our premises liability lawyers for the hands-on support you need after an accident. Call us today to schedule a free consultation with an experienced member of our team.