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Can I Sue if I Fall on a Pothole in Philadelphia?

Philadelphia Trip and Fall Lawyers Philadelphia trip and fall lawyers

The Philadelphia trip and fall lawyers at the Wieand Law Firm represent people who fall and seriously injury themselves because of a defective condition of a property. Philadelphians know that the streets in Philadelphia can be quite treacherous to pedestrians. When taking a stroll through the city you’re are bound to encounter numerous holes, uneven pavement and streets that are torn up for resurfacing and left unfinished for months on end.

Our Philadelphia trip and fall lawyers are often asked “can I sue the City of Philadelphia if I fall in a pothole?” or due to another defective condition of the street? The answer is yes, if your case meets certain conditions. An experienced attorney at the Wieand Law Firm can help you determine if your case meets the criteria needed to successfully bring a claim against the city for injuries.

The City of Philadelphia has certain protections. This is known as governmental immunity. Governmental immunity is a special protection that is not afforded to private persons or businesses. In Pennsylvania, governmental immunity is codified in the political subdivision tort claims act Section 8541 which provides that local agencies, such as the City of Philadelphia, are immune from civil liability. However, there are several exceptions to governmental immunity in the tort claims act. The Philadelphia trip and fall lawyers at the Wieand Law Firm are well versed in the tort claims act and the exceptions to governmental immunity.

If you fall on a street owned by the City of Philadelphia and are injured, your Philadelphia trip and fall lawyer will need to determine if your claim meets the streets exception to governmental immunity. The streets exception to governmental immunity provides that the condition was

“A dangerous condition of streets owned by the local agency, except that the claimant to recover must establish that the dangerous condition created a reasonably foreseeable risk of the kind of injury which was incurred and that the local agency had actual notice or could reasonably be charged with notice under the circumstances of the dangerous condition at a sufficient time prior to the event to have taken measures to protect against the dangerous condition”

In addition, the City of Philadelphia may also be liable for dangerous streets if it has entered into a written contract with the Commonwealth to maintain and repair the street and the dangerous condition was caused by the negligent performance of its duties under the contract.

If you fall on a dangerous condition of the streets in the City of Philadelphia, you may be able to bring a claim against the City of Philadelphia for your injuries. The PA tort claims act sets specific requirements regarding providing notice of your injury claim following a fall. Therefore, it is important to act quickly to preserve your legal rights. To speak with a trip and fall lawyer at the Wieand Law Firm about your potential personal injury case, call us at 215-666-7777. We offer a free and confidential legal consultation and can help you determine if you have a valid claim, as well as what compensation you may be entitled to.

Disclaimer: This website is for informational purposes only and is not legal advice. The content may be outdated or contain errors. For legal advice, you should speak to an attorney in your area regarding your specific circumstances.