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Founding partners Charles Gilman and Briggs Bedigian

Philadelphia Slip and Fall & Premises Liability Lawyers

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Published: 11 Nov 2026 • 28 min read

If a property owner's carelessness caused your fall in Philadelphia, Pennsylvania law generally lets you recover damages. However, your own share of fault and some short deadlines can limit or end the claim.

What to do now:

  1. See a doctor and keep every record. Fall injuries to the head and back can surface days later.
  2. Photograph the hazard and collect witness names. Ask the owner for an incident report.
  3. Find out who owns the property. City or SEPTA claims usually require written notice within 6 months. Most other claims must be filed within 2 years.

Charles Gilman co-founded Gilman & Bedigian. He represents people hurt by unsafe property, from icy rowhouse sidewalks to wet supermarket floors. Briggs Bedigian won the $182 million birth injury verdict in Hagans v. Hospital of the University of Pennsylvania, the largest medical malpractice verdict in Pennsylvania history. No attorney fee unless we recover.

Call (800) 529-6162 for a free consultation.

Key Takeaways

  • Pennsylvania generally gives an injured person 2 years from the date of a fall to file a personal injury lawsuit (42 Pa. C.S. § 5524).
  • Under 42 Pa. C.S. § 7102, you can still recover if your share of fault is not greater than the defendants' combined fault. Your award is reduced by your percentage, and if your share is more than 50%, you recover nothing.
  • A claim against a Pennsylvania government unit, such as the City of Philadelphia or SEPTA, generally requires written notice within 6 months of the injury (42 Pa. C.S. § 5522). A court must excuse late notice when there is a reasonable excuse. For a local agency like the City, missing notice is also not a bar if the agency already had actual or constructive notice of the incident or condition.
  • For a defective Philadelphia sidewalk, the abutting property owner is generally primarily liable. When the city's liability rests on its power to require the owner to repair the sidewalk, the city is only secondarily liable under 42 Pa. C.S. § 8542(b)(7).
  • Property owners are generally responsible only for hazards they knew about or should have found through reasonable inspection.

Statute of Limitations: How Long Do You Have to File in Philadelphia?

Most premises liability lawsuits in Pennsylvania must be filed within 2 years of the fall under 42 Pa. C.S. § 5524. If the property belongs to the City of Philadelphia, SEPTA or another government unit, written notice is generally due within 6 months of the injury under 42 Pa. C.S. § 5522, long before the two-year deadline expires. A court can excuse late notice when there is a reasonable excuse, but no one should build a case around hoping for that exception.

These dates matter because of what the claim decides. A serious fall can mean surgery, months away from work, or a permanent change in what you can do for a living. The claim is how you pay for that care and replace that income. If you miss the filing deadline, the right to recover is generally lost, no matter how clear the owner's fault was.

Timing rules that can change your deadline

  • Injured children. Different timing rules can apply when the injured person is a minor. Have a lawyer calculate the date instead of assuming.
  • A fatal fall. A wrongful death action in Pennsylvania generally must be filed within 2 years of the death, and the personal representative of the estate files it (42 Pa. C.S. § 5524(2); 42 Pa. C.S. § 8301).
  • Government property. The 6-month notice is a separate step on top of the lawsuit deadline, not a replacement for it.

Evidence disappears faster than deadlines run

Proof can vanish long before any legal deadline arrives.

  • Store surveillance video can be recorded over.
  • Ice melts, spills get mopped up, and broken steps get repaired.
  • Inspection logs and incident reports stay in the owner's files unless someone formally requests them.
  • Witnesses move away, and their memories blur.

Pennsylvania law has other rights you can lose if you don't act in Philadelphia. The safest course is to identify the property owner and the deadlines in the first weeks after a fall.

If you fell on a city sidewalk, a SEPTA platform or other public property, the 6-month notice window may already be running. Call (800) 529-6162, and we can help you identify who owns the property and which deadlines apply to you. We answer our phone 24/7.

How We Build a Philadelphia Slip-and-Fall Case From Day One

Charles Gilman is licensed in Pennsylvania. His practice focuses on slip-and-fall, dog bite, car accident and medical malpractice claims across the Mid-Atlantic. He has represented injured people in verdicts and settlements across the Mid-Atlantic region. He prepares premises cases with trial in mind from the start.

Strong premises cases rest on proof of notice: evidence that the owner knew, or should have known, about the hazard in time to fix it or warn you. Each step below is designed to find that proof and document what the fall cost you.

Step 1: Identify every responsible party and every deadline

A fall rarely involves just one possible defendant. The building owner, a commercial tenant, a property manager, a snow-removal contractor and a cleaning company may each have had duties at the spot where you fell. We check property records and leases early.

We also confirm right away whether a government unit is involved. That single fact can move your first deadline from 2 years to 6 months.

Step 2: Preserve evidence before it disappears

We send written preservation demands asking the owner and its insurer to keep surveillance footage, incident reports, cleaning and inspection logs, maintenance work orders and prior complaints. In snow and ice cases, we gather weather records for the days around the fall.

Pennsylvania courts have handled disputes over missing evidence, including a Philadelphia slip-and-fall case where the defendant allegedly hid evidence. Prompt preservation requests make that kind of dispute easier to address.

Step 3: Prove the hazard and the owner's notice

Photographs help, but measurements often matter more. Examples include the height of a sidewalk heave, the rise of an uneven step, or the lighting level in a stairwell. When the facts call for it, we consult engineers, safety specialists or other qualified experts.

Charles has lectured fellow lawyers, at their request, on using expert witnesses at trial. That work shapes how we choose and prepare experts in premises cases.

Step 4: Document the full cost of the injury

We gather records from the ER visit through physical therapy and follow-up care. We also document lost pay and the ways the injury limits your daily life. When a fall causes a long-term condition, the claim has to account for future care and lost earning capacity, not just the bills so far.

Step 5: Negotiate from a trial-ready file

One of our attorneys spent years at defense firms handling premises liability and personal injury claims for insurers. That background helps us anticipate how the other side will value and attack a case.

Co-founder Briggs Bedigian has tried more than 70 cases to verdict. He prepares every case for trial, and that philosophy runs through the firm. Most injury claims resolve by settlement. Still, insurers evaluate a claim differently when the file is ready for a jury.

A quick word on insurers: you are usually not required to give a recorded statement to the property owner's insurance company. Politely decline until you have spoken with a lawyer.

Worried about the cost of hiring a lawyer? We take all personal injury cases on a contingency fee basis, so you pay no attorney fee unless we recover money for you. Call (800) 529-6162 to talk through your fall and ask how fees and case expenses work.

When Is a Property Owner Liable for a Fall in Pennsylvania?

In Pennsylvania, a property owner or occupant is liable for a fall when it failed to use reasonable care toward a visitor and that failure caused the injury. The owner's duty depends largely on why you were on the property, and most claims also require proof that the owner knew or should have known about the specific hazard. An owner is not automatically responsible just because someone fell there.

Invitees, licensees and trespassers

Pennsylvania courts sort visitors into three groups.

An invitee is someone on the property for business or for a purpose the property is open to the public for, such as a shopper or restaurant customer. Owners owe invitees the highest duty: to use reasonable care to inspect for dangers and to fix them or warn about them. Pennsylvania courts apply the Restatement (Second) of Torts § 343 to define this duty.

A licensee is a social guest, such as a friend visiting your home. The owner must generally warn a licensee about known dangers that the guest is unlikely to notice.

A trespasser is someone on the property without permission. The owner's duty is much narrower and generally means avoiding willful or wanton misconduct. Special rules can apply to children.

Actual notice and constructive notice

Actual notice means the owner or its employees knew about the hazard. A customer reporting a spill to a cashier is an example.

Constructive notice means the hazard existed long enough, or was obvious enough, that a reasonably careful owner would have found it. A puddle that sat in a supermarket aisle for an hour during a busy afternoon may support constructive notice. A drink spilled seconds before you walked by usually will not.

When an employee created the hazard, such as by mopping without putting out a sign, notice is often easier to prove. Retail cases frequently turn on these questions. A Pennsylvania appeals court weighed one in a customer injury claim following a fall at a retailer.

The "open and obvious" defense

Owners often argue that a hazard was so obvious that you should have avoided it. Pennsylvania recognizes that a known or obvious danger can limit an owner's duty. However, whether a danger was truly obvious is often a question for the jury.

A dim stairwell, a crowd blocking the view, or a hazard that blends into the floor can all weaken the defense. That's why lighting, sightlines and floor color belong in the evidence.

What If You Were Partly to Blame? Pennsylvania Comparative Negligence Explained

Pennsylvania follows modified comparative negligence under 42 Pa. C.S. § 7102. This rule lets an injured person recover even if they were partly at fault, as long as their fault is not greater than the combined fault of the defendants. If you are found more than 50% responsible, you recover nothing. At 50% or less, your damages are reduced by your percentage of fault.

The table below shows how the rule works. It uses a hypothetical $100,000 in total damages for illustration only. It is not a prediction of any case's value.

What If You Were Partly to Blame? Pennsylvania Comparative Negligence Explained
Your share of faultDefendants' combined shareResult under 42 Pa. C.S. § 7102Hypothetical recovery on $100,000
0%100%Full recovery$100,000
20%80%Award reduced by 20%$80,000
50%50%Recovery allowed because your fault is not greater; award reduced by 50%$50,000
51%49%Recovery barred$0

How insurers use comparative fault

Here's why that matters. Every percentage point of blame shifted to you lowers what the insurer pays. Adjusters may suggest you were looking at your phone, wearing the wrong shoes, or walking somewhere you shouldn't have been.

The answer is evidence. The owner's own cleaning policies, missing warning signs, poor lighting and repeat complaints can show where responsibility belongs. Juries do split fault in some cases. In a Pennsylvania golf course fall, the jury found the golfer 75% negligent, which barred his recovery.

The Fair Share Act and multiple defendants

The same statute includes Pennsylvania's Fair Share Act. Several liability means each defendant pays only its own percentage of the damages. Under § 7102, liability is generally several, not joint. A defendant found 60% or more at fault, or one that falls under another listed exception such as an intentional tort, can be held responsible for the full award.

Here is a hypothetical. A store is 70% at fault and its floor-cleaning contractor is 30% at fault. The store could be responsible for the entire award, while the contractor generally owes only its 30%. This is one reason we look for every party that had a role at the scene.

How Pennsylvania differs from Maryland

Our firm also has offices in Maryland, which follows a much harsher contributory negligence rule for injury claims. Pennsylvania's comparative rule is more forgiving. A partly careless step does not automatically end a Philadelphia claim.

Who Is Responsible for a Fall on a Philadelphia Sidewalk?

In Philadelphia, the owner of the property next to a sidewalk is generally the first party responsible for a dangerous sidewalk condition. Under 42 Pa. C.S. § 8542(b)(7), when a local agency like the City of Philadelphia is liable for a sidewalk it can require others to repair, the city is only secondarily liable and the other party is primarily liable. Even then, the injured person must prove the city had notice of the condition in time to fix it.

The abutting owner comes first

An abutting owner is the owner of the property that borders the sidewalk. Rowhouse owners, corner stores and office buildings all fall into this category. Courts generally expect them to keep their stretch of sidewalk reasonably safe.

A tenant that controls the property, such as a commercial tenant under a lease, may share responsibility. That's why the lease can matter in a sidewalk case.

When the city can share responsibility

The City of Philadelphia can be responsible for a sidewalk condition under the sidewalk exception to governmental immunity. To recover against the city, you must show:

  1. The sidewalk was in a dangerous condition within the right-of-way of a street the city owns.
  2. The condition created a reasonably foreseeable risk of the kind of injury you suffered.
  3. The city had actual notice of the condition, or could reasonably be charged with notice, early enough to protect against it.

Because city liability is secondary, the abutting owner usually remains the main target. City-owned property, such as a recreation center or municipal building, follows a different exception covered in the next section. For more background, see our discussion of when the city is to blame for a slip and fall. You can also read about a Philly sidewalk slip-and-fall case that ended in a damages award.

Snow, ice and the hills and ridges doctrine

Philadelphia winters bring a steady stream of icy-sidewalk falls. The Philadelphia Code requires property owners and occupants to clear a path on the sidewalk within a set time after snow stops falling. A violation can support a claim, but civil liability depends on Pennsylvania negligence law.

The key rule is the hills and ridges doctrine. Under this Pennsylvania doctrine, an owner generally is not liable for a fall on snow or ice caused by generally slippery conditions during or shortly after a storm. To recover in that situation, the injured person usually must show three things: the snow or ice had built up into ridges or elevations that obstructed travel, the owner knew or should have known about them, and those ridges caused the fall.

Most people miss this part. The hills and ridges doctrine generally does not apply to isolated ice patches, such as ice from a leaking gutter, a broken downspout or poor drainage, when the rest of the area is not generally slippery. Those cases are analyzed under ordinary negligence rules. Our article on frost and freezing sidewalk falls covers more winter scenarios.

How Do Claims Against the City of Philadelphia or SEPTA Work?

Pennsylvania government entities are protected by governmental immunity. This rule bars most injury lawsuits against government bodies unless the claim fits a specific exception written into state law. A claim against the City of Philadelphia, SEPTA or another government unit generally requires written notice within 6 months of the injury under 42 Pa. C.S. § 5522, and the claim must fit a statutory immunity exception. Courts can excuse late notice for a reasonable excuse, but missing the window puts the claim at serious risk.

The 6-month written notice under § 5522

The notice is a written statement filed with the government unit. Under § 5522, it should include:

  • Your name and residence address
  • The date and hour of the accident
  • The approximate location where the accident happened
  • The name and residence or office address of any attending physician

For claims against a Commonwealth agency, the notice generally must also be filed with the Office of Attorney General. Details like the right office and the exact statement can be easy to get wrong. We prepare and file these notices for our clients.

Claims against the City of Philadelphia

The city is a local agency covered by the Political Subdivision Tort Claims Act, 42 Pa. C.S. § 8541 and following sections. Section 8542(b) lists the exceptions to immunity. These include the care, custody or control of real property in the city's possession, and dangerous conditions of streets and of sidewalks, each with its own conditions.

A fall in a city recreation center, a municipal building or a city-owned lot may fit the real property exception. A sidewalk fall follows the secondary-liability rule described above. Claims against government bodies also follow different rules on what damages can be recovered, so ask how those limits apply to your case.

Claims against SEPTA and other Commonwealth agencies

Pennsylvania courts treat SEPTA as a Commonwealth agency for immunity purposes. That means the Sovereign Immunity Act, 42 Pa. C.S. § 8522, governs SEPTA claims. Its exceptions include the operation of agency vehicles and dangerous conditions of agency real estate.

That framework can cover a fall on a broken step at a Broad Street Line station or a defective platform on the Market-Frankford Line. A fall on something sitting on a platform, such as ice, water or rock salt, is harder: courts have required that the dangerous condition come from the property itself. A fall caused by a sudden bus or trolley movement raises its own issue. Pennsylvania courts have generally required passengers to prove that the movement was unusual or extraordinary, not just the ordinary starts and stops of transit. Cases involving government defendants can turn on these doctrines, as shown in a Philadelphia cyclist's suit raising vicarious liability and sovereign immunity issues.

Deadlines by type of defendant

Deadlines by type of defendant
Who owns or controls the propertyNotice requirementLawsuit filing deadlineKey exception or condition
Private owner, store, landlord or businessNo statutory pre-suit notice2 years from the injury (42 Pa. C.S. § 5524)Different timing rules can apply to injured minors
City of PhiladelphiaWritten notice within 6 months (42 Pa. C.S. § 5522)2 years from the injury (42 Pa. C.S. § 5524)Claim must fit a § 8542(b) exception; court may excuse late notice for reasonable excuse
SEPTA or another Commonwealth agencyWritten notice within 6 months, generally also filed with the Office of Attorney General (42 Pa. C.S. § 5522)2 years from the injury (42 Pa. C.S. § 5524)Claim must fit a § 8522 exception
Fatal fall (wrongful death)Same notice rules if a government unit is involved2 years from the death (42 Pa. C.S. § 5524(2))Personal representative files; any beneficiary may sue if none does within 6 months (Pa.R.C.P. 2202)

Questions about this topic come up often enough that we address them in more depth in a separate discussion: Injured on SEPTA or City Property? The 6-Month Notice Requirement and Governmental Immunity.

What Kinds of Properties Lead to Philadelphia Premises Claims?

Premises liability covers far more than wet floors. Any owner or occupant who controls a property can be responsible for a dangerous condition on it, from a corner store to a high-rise apartment building. The responsible party, and the evidence that matters, change with the setting. Our overview of types of slip and fall accidents covers additional scenarios.

What Kinds of Properties Lead to Philadelphia Premises Claims?
Where the fall happenedWho is usually responsibleEvidence that often matters
Supermarket, retail store or restaurantStore operator; sometimes the building owner or a cleaning contractorVideo, sweep logs, spill reports, warning signs
Apartment hallway, stairwell or parking lotLandlord or property management companyRepair requests, prior complaints, lighting records
Private sidewalk in front of a home or businessAbutting owner, possibly a tenant in control; city secondarilyMeasurements, photos, prior repair notices
SEPTA station, platform or vehicleSEPTA, subject to the Sovereign Immunity ActStation video, maintenance records, vehicle data
Office building or hotelOwner, tenant or management companyInspection records, contracts, incident reports

Supermarkets, retail stores and restaurants

Store falls usually involve spills, dropped produce, tracked-in rainwater or freshly mopped floors. These hazards often appear and disappear within minutes. As a result, store video and sweep logs are often the most important evidence. A Retail Store & Restaurant Slip and Fall claim usually comes down to how long the hazard sat there and whether staff had a reasonable chance to find it.

Apartments and rental properties

Landlords generally keep control of common areas like hallways, stairwells, lobbies, laundry rooms and parking lots. That makes them responsible for reasonable upkeep there. Inside a rented unit, responsibility can depend on the lease and on who controlled the defect. An Apartment & Rental Property Injury case often turns on repair requests the tenant made, or other tenants' complaints, before the fall. We also cover landlord liability for rental properties with swimming pools.

Stairs, handrails and poor lighting

Philadelphia's older rowhouses and commercial buildings can have steep, worn or uneven steps. Loose handrails, missing treads, burned-out bulbs and inconsistent step heights can all cause a fall. Measurements and photographs taken before repairs are made are especially valuable here.

Hospitals and care facilities

Patients and visitors can fall in hospitals and rehab centers too. When a patient's fall stems from a lapse in medical care, such as an unassessed fall risk, the claim may involve medical negligence rules as well. Some of our attorneys previously worked at defense firms, representing a hospital system, corporations and insurance companies, and that experience helps when a fall happens in a medical setting. Read more about falls inside hospitals.

Pools, negligent security and other hazards

Owners must also address hazards like unfenced pools and dangerous conditions in parking garages. Charles Gilman represented the family of a child who nearly drowned in a neighbor's pool and was left in a vegetative state. That catastrophic injury case settled before trial for more than $5 million, money set aside for the child's lifetime care.

Some falls are caused by other people or animals, such as a dog that jumps on a pedestrian. Those can raise dog bite and animal attack issues alongside premises questions.

What Injuries and Damages Can a Pennsylvania Fall Claim Cover?

A fall can cause far more harm than bruises. In a Pennsylvania premises liability claim, you can seek both economic damages, such as medical bills and lost wages, and non-economic damages, such as pain and suffering. Any recovery is reduced by your share of fault under 42 Pa. C.S. § 7102. Claims against government entities follow different rules on recoverable damages.

Common injuries after a fall

According to CDC injury data, falls are a leading cause of traumatic brain injury, and older adults and young children face higher risk. The NSC Injury Facts database also tracks falls as a major source of preventable injuries.

Injuries we see in fall claims include:

  • Traumatic brain injuries and concussions. Symptoms like headaches, memory problems or confusion can appear hours or days after a fall.
  • Fractures. Wrist, hip, ankle and arm fractures are common, especially in falls to the side. See our page on broken bones.
  • Spinal and back injuries. A fall onto the back can damage discs or vertebrae.
  • Facial injuries and lacerations. Forward falls can cause dental injuries, scarring and fractures.
  • Knee and shoulder tears. These injuries may require surgery and long rehabilitation.

Our article on how serious slip and fall accidents can be explains why a fall that seems minor deserves medical attention.

Economic and non-economic damages

Economic and non-economic damages
Damage categoryWhat it coversEvidence that supports it
Past and future medical expensesER care, surgery, therapy, medication, future treatmentBills, records, physician opinions on future care
Lost wagesPay missed while recoveringPay stubs, employer letters, tax returns
Lost earning capacityReduced ability to earn in the futureWork history, medical restrictions, expert analysis
Household servicesHelp you now need with chores and careReceipts, family testimony
Pain, suffering and loss of enjoyment of lifePhysical pain, emotional distress, lost activitiesYour testimony, treatment records, journals
Disfigurement and loss of consortiumScarring; harm to a marriage from the injuryPhotos, spouse testimony

Medical liens and reimbursement

A lien is a legal claim to be repaid out of your recovery. Health insurers, Medicare and Medicaid may have reimbursement rights when they paid for fall-related treatment. These claims need to be identified and addressed before a settlement is finalized, so the money you receive is actually yours to keep.

Proven Results: What Has Our Firm Recovered for Injured Clients?

Our firm has recovered more than $800 million for clients. Charles Gilman and H. Briggs Bedigian co-founded the firm in October of 2012. The firm's published case results include a $250,000 premises liability verdict. Every case depends on its own facts, and past results do not predict the outcome of a future case.

Proven Results: What Has Our Firm Recovered for Injured Clients?
ResultCase typeWhat it involved
$250,000 verdictPremises liabilityVerdict for our client in a premises liability case
More than $5 million settlementCatastrophic injury (Charles Gilman)A child left in a vegetative state after nearly drowning in a neighbor's pool; settled before trial
$108,577,132 verdictBirth injuryVerdict against Jefferson Health and Einstein Pediatrics, Philadelphia County
$182 million verdictBirth injuryHagans v. Hospital of the University of Pennsylvania, the largest medical malpractice verdict in Pennsylvania history
Over $800 millionFirm-wide totalRecovered for clients across all practice areas

Our largest results come from birth injury cases, not falls. They still matter for a premises case. They show our willingness to try cases before Philadelphia juries rather than accepting whatever an insurer offers. Our attorneys have been featured in The Legal Intelligencer, The Wall Street Journal and other outlets for that trial work.

Filing in the Philadelphia Court of Common Pleas: Local Court Guide

Premises liability lawsuits arising in Philadelphia are commonly filed in the Philadelphia Court of Common Pleas, part of Pennsylvania's First Judicial District. Where a case is filed and heard depends on the parties and the facts, so always follow your case notice and the division assigned to your matter. Our Philadelphia office at 1515 Market Street is a short walk from City Hall, where the court's civil trial operations are centered.

How a premises case moves through the court

A Pennsylvania premises lawsuit usually follows these stages:

  1. Complaint and service. The lawsuit is filed and delivered to each defendant.
  2. Pleadings. Defendants respond, often raising comparative fault or lack of notice.
  3. Discovery. Both sides exchange documents, video and records, and take depositions under oath.
  4. Track assignment. Smaller claims may go to Philadelphia's compulsory arbitration program, where any party can appeal for a new trial. Larger claims move on a case management schedule with set deadlines.
  5. Settlement efforts. Conferences or mediation may happen at several points.
  6. Trial. If the case doesn't settle, a jury decides fault and damages.

How long a case takes depends on the severity of the injuries, the number of defendants, discovery disputes, the need for expert testimony and the court's calendar. Some cases may be moved to the U.S. District Court for the Eastern District of Pennsylvania, for example when a corporate defendant is from another state.

Treatment, records and local landmarks

Philadelphia fall victims are often treated at hospitals like Thomas Jefferson University Hospital, Temple University Hospital and Penn Presbyterian Medical Center. Getting complete records from every provider, including the ER visit, imaging and follow-up care, is one of our first tasks.

Fall claims here come from every corner of the city. They range from Center City storefronts along Market Street to rowhouse blocks in South Philadelphia and Kensington, and from SEPTA concourses beneath City Hall to parking lots off Roosevelt Boulevard.

Montgomery County and nearby venues

Falls in Conshohocken, King of Prussia, Norristown and the rest of Montgomery County are generally handled in the Montgomery County Court of Common Pleas in Norristown. Our Conshohocken office serves clients there. Each county has its own local rules and programs, so a case filed outside Philadelphia may move on a different schedule.

The Contingency Fee Model: What Does a Philadelphia Slip and Fall Lawyer Cost?

We take all personal injury cases on a contingency fee basis, which means our attorney fee comes only from money we recover for you. If there is no recovery, you owe no attorney fee. Case expenses, such as records, filing fees and expert costs, are a separate topic, so ask us how they are handled in your case before you sign anything.

What we commit to

  • Access. We answer our phone 24/7, so you can reach us when the fall happens, not just during business hours.
  • Trial preparation. We build premises cases to be ready for a jury, the same way the firm approaches its largest cases.
  • Licensing where it matters. Charles Gilman is admitted in Pennsylvania state and federal courts, along with Maryland, New York, the District of Columbia and Texas.
  • Clear answers. We will explain the deadlines, the immunity rules if a government unit is involved, and how comparative fault could affect your claim.

What to bring to your case review

  1. Photos or video of the hazard and your injuries
  2. Any incident report, claim number or letter from an insurer
  3. Medical records, bills and discharge papers
  4. Names and phone numbers of witnesses
  5. The address and description of exactly where you fell
  6. Proof of lost income, such as pay stubs

Don't have all of this? That's fine. Bring what you have, and we can request the rest.

The information on this page is general information and does not constitute legal advice. Every case is different, and past results do not guarantee future outcomes. Please consult an attorney about your specific situation.

Talk to a Philadelphia Slip and Fall Attorney Before Your Deadline Passes

A fall on city or SEPTA property can trigger a 6-month notice deadline. Nearly every other Pennsylvania premises claim must be filed within 2 years. Meanwhile, store video, inspection logs and the hazard itself may already be disappearing.

Charles Gilman and our trial team represent injured people throughout Philadelphia, Philadelphia County, Conshohocken and Montgomery County. Call (800) 529-6162 for a no-cost case review. You pay nothing in attorney fees unless we recover for you.

Frequently Asked Questions

Do I have a slip and fall case in Philadelphia?

You may have a case if a dangerous condition caused your fall and the owner or occupant knew, or should have known, about it in time to fix it or warn you. Pennsylvania law also looks at why you were on the property and whether you share some of the fault. A fall alone doesn't prove negligence, so the key questions are what the hazard was, how long it existed and who controlled the property.

How long do I have to file a slip and fall lawsuit in Pennsylvania?

Most Pennsylvania premises liability lawsuits must be filed within 2 years of the injury under 42 Pa. C.S. § 5524. If a government unit such as the City of Philadelphia or SEPTA owns the property, written notice is generally required within 6 months under 42 Pa. C.S. § 5522, though a court may excuse late notice for a reasonable excuse. Different timing rules can apply to injured children, so have a lawyer calculate your exact deadline.

How much does a slip and fall attorney in Philadelphia cost?

Gilman & Bedigian takes all personal injury cases on a contingency fee basis. Our attorney fee comes from the recovery, and you owe no attorney fee if there is no recovery. Case expenses are handled separately, so ask us to explain how they work in your case before you sign a fee agreement.

What is my slip and fall case worth?

No honest lawyer can give you a number at the start. Value depends on the severity of your injuries, your medical costs now and in the future, lost income, the strength of the evidence on notice, and any share of fault assigned to you under 42 Pa. C.S. § 7102. Claims against government entities follow different damages rules. We evaluate these factors once the records are in hand.

What if I was partially at fault for my fall?

Under Pennsylvania's modified comparative negligence rule, 42 Pa. C.S. § 7102, you can still recover if your fault is not greater than the defendants' combined fault. Your award is reduced by your percentage, so a 20% share cuts the award by 20%. If you are found more than 50% at fault, you recover nothing.

Should I accept the insurance company's first offer?

Be cautious about accepting any offer before you know the full extent of your injuries. Some fall injuries, like concussions and back injuries, take time to fully show up. Once you sign a release, you generally cannot reopen the claim. Have the offer reviewed against your medical records, future care needs, lost income and any liens that must be repaid.

I fell on a city sidewalk. Can I sue the City of Philadelphia?

Possibly, but the abutting property owner is usually the main responsible party. Under 42 Pa. C.S. § 8542(b)(7), the city's liability for sidewalks it can require others to repair is only secondary. You must also prove the city had notice of the dangerous condition in time to fix it. Written notice to the city is generally due within 6 months under 42 Pa. C.S. § 5522.

What should I do if I fell on a SEPTA bus, train or platform?

Get medical care, report the incident, and write down the route, vehicle or station, and the time. SEPTA claims are governed by the Sovereign Immunity Act, 42 Pa. C.S. § 8522, and generally require written notice within 6 months under 42 Pa. C.S. § 5522. For falls caused by a vehicle's movement, Pennsylvania courts have generally required proof that the movement was unusual or extraordinary.

How long does a premises liability case take to settle?

Timing depends on how serious your injuries are, when your treatment ends, how many defendants are involved, and whether the case needs a lawsuit and expert testimony. Settling before your medical picture is clear can leave money on the table. Cases filed in the Philadelphia Court of Common Pleas also follow the court's track and scheduling rules.

Will my case go to trial?

Most injury claims resolve by settlement, but some go to trial when the parties can't agree on fault or value. We prepare premises cases with trial in mind from the start. A trial-ready file also affects how insurers evaluate a claim during negotiations. Whether to accept an offer or go to trial is always your decision.

What if the property owner doesn't have insurance?

Most businesses and landlords carry liability coverage, but not all do, and some policies are limited. We look for every potentially responsible party, including tenants, property managers, maintenance contractors and snow-removal companies. Under the Fair Share Act, a defendant found 60% or more at fault can be responsible for the full award, which can matter when one party has little coverage.

How do I pay for medical treatment while my case is pending?

Most people use their own health insurance, Medicare or Medicaid while the claim moves forward. Those payers may have reimbursement rights from your recovery, and those claims must be resolved before a settlement is finalized. If you fell while working, workers' compensation may also apply, alongside any claim against a third-party property owner.

Do I need a lawyer for a slip and fall claim?

You are not required to hire one, but premises claims involve proof of notice, comparative fault arguments and, for public property, immunity rules and a 6-month notice deadline. Evidence like store video can disappear quickly without a formal preservation request. A lawyer can identify every responsible party and protect your deadlines while you focus on recovery.