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Premises Liability: The Slip and Fall

10/27/2008
James R. Carroll, Jr., Esquire
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New case law on slilp and fall on icey sidewalks owned by a City
Attached is a link to a new Pennsylvania Supreme Court decision yesterday in Reid v. City of Philadelphia. The Court (Eakin, J.) holds that Section 8542(b)(3) of the Political Subdivision Tort Claims Act does not apply to sidewalks, even those abutting local agency property.
This was a case where the injured victim slipped and fell on an icey sidewalk and was initially allowed to recover after the City was negligent in removing ice and snow from a sidewalk. The trial court and Commonwealth Court held that the City could be liable under the "real property" exception of the Political Subdivision Tort Claim Act. The Pennsylvania Supreme Court reversed that decision.

Thanks to Scott Cooper, Esquire for providing this information.


Labels: ice and snow political subdivision tort claim act, premise liability, sidewalk, slip and fall,

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