Philadelphia Slip and Fall Lawyer
Personal Injury: Slip & Fall
A wet floor, broken concrete, an icy sidewalk, and other property related defects can cause you serious injury, medical treatment, and time away from work and your loved ones. Property owners have a legal duty to keep their spaces safe — and when they breach this duty, the law gives you a way to recover. At Capek Law, we represent clients injured in falls across Philadelphia and the tri-state area. We have successfully recovered six-figure settlements for clients injured as a result of a property owner’s negligence.
If you were hurt on a broken step, an icy sidewalk, or a wet store floor, a Philadelphia slip and fall lawyer at Capek Law P.C. can investigate what happened, preserve the evidence, and hold the property owner accountable.
Slip & Fall Accidents in Philadelphia
Slip, trip, and fall cases fall under an area of law called premises liability. In Pennsylvania, people who own or control property — stores, landlords, restaurants, businesses, and homeowners — must take reasonable steps to find and fix hazards, or warn visitors about them.
These cases are among the most hotly contested in personal injury law. Insurers and store managers often argue you should have watched your step, that the hazard was “open and obvious,” or that they had no way of knowing it was there. Winning means proving what the owner knew, when they knew it, and what they failed to do — and that evidence can disappear within days.
That is why hiring a competent, aggressive injury attorney to perform a detailed investigation, acquiring surveillance video, inspection logs, incident reports, etc. can be the difference between a successful claim or not.
Case Types
- 01
Grocery & Retail Stores
Spilled liquids, dropped produce, leaking coolers, and cluttered aisles. Stores are expected to inspect their floors regularly and clean up hazards promptly.
- 02
Restaurants & Bars
Greasy floors, wet entryways, and poorly lit stairs. Busy staff are no excuse for ignoring a known danger.
- 03
Icy & Snowy Sidewalks
Philadelphia requires property owners and tenants to clear a 36-inch path within six hours after snow stops falling. When they don’t, they may be responsible for the falls that follow.
- 04
Apartments & Rental Properties
Broken stairs, loose handrails, torn carpet, and dark hallways. Landlords must maintain common areas and fix hazards they know about.
- 05
Broken Sidewalks & Curbs
Cracked, raised, or crumbling pavement causes countless trip-and-fall injuries. In Philadelphia, the adjacent property owner is usually first in line for responsibility.
- 06
Parking Lots & Garages
Potholes, uneven surfaces, ice, oil spills, and missing wheel stops. Owners and maintenance contractors can both be liable.
- 07
Hotels, Offices & Public Buildings
Freshly mopped lobbies without warning signs, faulty elevators and escalators, and defective stairways.
- 08
Construction Sites & Workplaces
Debris, unsecured cords, and unprotected edges. Third-party contractors may be liable even when workers’ compensation applies.
Common hazards we see: wet or freshly waxed floors, spills, ice and snow, uneven flooring, loose mats and rugs, missing or broken handrails, poor lighting, cluttered walkways, potholes, and stairs that don’t meet building code.
Common Slip & Fall Injuries
A fall can happen in a second, but the injuries can last for years — especially for older adults, for whom a single fall can mean surgery, a long hospital stay, and lost independence.
Hip fractures
Among the most serious fall injuries, often requiring surgery and long rehabilitation
Wrist, arm, and shoulder fractures
From instinctively bracing a fall with your hands
Head and brain injuries
Concussions and traumatic brain injuries from striking the floor or stairs
Back and spinal injuries
Herniated discs, compression fractures, and nerve damage
Knee and ankle injuries
Torn ligaments, sprains, and fractures
Neck injuries
Strains and whiplash-type injuries
Cuts and lacerations
From broken glass, metal edges, or rough surfaces
Chronic pain
Lasting pain that limits work, sleep, and daily life
How a Slip & Fall Case Is Proven
The owner’s duty depends on why you were there. Pennsylvania sets different duties for different visitors:
| Visitor type | Example | What the owner owes you |
|---|---|---|
| Business invitee | Shopper, restaurant guest, hotel guest | The highest duty: regularly inspect, find hazards, and fix them or warn you |
| Licensee | Social guest at a friend’s home | Warn of or fix hazards the owner knows about and you wouldn’t notice |
| Trespasser | Someone with no permission to be there | Avoid willful or reckless harm; greater protection applies to children |
Notice is the heart of most cases. You generally must show the owner either created the hazard, knew about it (actual notice), or should have found it with reasonable inspection (constructive notice). How long a spill sat on the floor, whether staff walked past it, and whether there were prior complaints can all prove notice.
Snow and ice follow special rules. Under Pennsylvania’s “hills and ridges” doctrine, an owner usually isn’t liable for general slippery conditions during or right after a storm. But owners can be liable when they let snow or ice build into dangerous ridges, fail to clear it within a reasonable time, or create isolated icy patches from bad drainage or leaking gutters. In Philadelphia, the six-hour clearing rule can help show what was reasonable.
Evidence we gather:
- Surveillance and body-camera video
- Store incident reports and employee statements
- Cleaning, inspection, and maintenance logs
- Weather records for snow and ice cases
- Prior complaints, 311 reports, and code violations
- Photos of the hazard, lighting, and missing warning signs
- Expert testimony on building codes and stair safety
Who Can Be Held Liable
- Property owners — homeowners, commercial landlords, and businesses that own the space.
- Tenants and businesses — a store or restaurant leasing space usually controls and maintains its own floors.
- Landlords and property managers — for common areas like stairwells, hallways, lobbies, and parking lots.
- Maintenance and snow-removal contractors — when a hired company fails to do the job it was paid to do.
- Cleaning crews — for wet floors left without warning signs.
- Builders and designers — for stairs, ramps, and walkways that violate building codes.
- The City or another government entity — in limited cases. In Philadelphia, the property owner next to a sidewalk is generally primarily responsible for its condition, and the City may be secondarily liable. Government claims have strict notice deadlines and damage caps.
Hurt at work? Workers’ compensation usually covers on-the-job falls, but if a third party — a contractor, a property owner, or an equipment maker — caused the hazard, you may have a separate injury claim that can pay what workers’ comp doesn’t, including pain and suffering.
Compensation You May Recover
| Category | What it covers |
|---|---|
| Medical expenses | Emergency care, surgery, hospital stays, physical therapy, medication, and future treatment |
| Lost income | Wages missed during recovery and reduced earning ability if you can’t return to the same work |
| Pain and suffering | Physical pain, emotional distress, and loss of enjoyment of life |
| Scarring and disfigurement | Permanent physical changes from the fall or surgery |
| Home care & assistance | In-home help, mobility aids, and home modifications |
| Wrongful death damages | Funeral costs, lost financial support, and loss of companionship for families |
What if I was partly at fault? Pennsylvania follows modified comparative negligence. You can still recover as long as you were not more at fault than the property owner (50% or less), and your award is reduced by your share of fault. Insurers often claim you were on your phone, wearing the wrong shoes, or should have seen the hazard. We answer those arguments with evidence.
Video doesn’t wait. Many stores record over surveillance footage within days or weeks. A preservation letter from your lawyer can stop that — but only if it’s sent in time.
Tri-state cases. Premises rules differ by state. In New Jersey, for example, commercial property owners must maintain the sidewalks in front of their businesses, while residential owners generally are not liable for natural snow and ice. Capek Law handles fall cases across PA, NJ, and DE and knows how each state’s rules apply.
After a Slip & Fall
- ✓Get medical attention right away, even if the injury seems minor.
- ✓Report the fall to the manager, owner, or landlord, and ask for a copy of the incident report.
- ✓Photograph the exact spot: the spill, ice, broken step, lighting, and any missing warning signs.
- ✓Keep the shoes and clothing you were wearing — don't wash or throw them out.
- ✓Get names and phone numbers of witnesses and employees who saw the fall.
- ✓Note any security cameras pointed at the area.
- ✓Keep every medical record, bill, and receipt, and track missed work.
- ✓Call a premises liability lawyer before talking to the owner's insurance company.
- ✗Saying "I'm fine" or apologizing for the fall.
- ✗Giving a recorded statement to the property owner's insurer.
- ✗Signing anything the store or landlord hands you.
- ✗Posting about the fall or your injuries on social media.
How a Slip & Fall Claim Moves
- Step 1
Free consultation
We review what happened and explain your options, at no cost.
- Step 2
Preserve evidence
We send preservation letters for video, logs, and reports right away.
- Step 3
Investigation
We identify every responsible party and their insurance.
- Step 4
Treatment & documentation
You focus on recovery while we document the full cost of your injuries.
- Step 5
Demand & negotiation
We present a comprehensive demand package outlining your medical treatment and injuries, and negotiate for the maximum possible settlement for your case.
- Step 6
Lawsuit & trial
If the insurer won’t pay what’s fair, we file suit and prepare to take your case to trial.
Why Capek Law?
Stores, landlords, and their insurers have teams working to deny fall claims from the moment you hit the ground. You deserve the same level of advocacy on your side.
- Client-First Advocacy — Your recovery comes first. We deal with the owners, the insurers, and the deadlines so you can focus on healing.
- Clear Communication — You’ll always know where your claim stands and what comes next, with direct access to your attorney.
- Trial-Ready Preparation — Insurers offer more when they know your lawyer is ready for court. We build every case that way from day one.
After a fall, the property owner’s insurer starts building its defense right away. You should too. Talk to Capek Law today — your consultation is free, and you won’t pay a fee unless we win your case.
The information on this page is for general educational purposes and is not legal advice. Reading it does not create an attorney-client relationship. Deadlines and rules described reflect Pennsylvania law as of October 2026 and may change. Prior results do not guarantee a similar outcome. Every case is different — contact an attorney about your specific situation.