Cracked pavements, uneven sidewalks, potholes, and deteriorating roadways pose serious hazards that can lead to devastating injuries for pedestrians and motorists alike. When these dangerous conditions cause accidents, victims often face medical bills, lost wages, and significant pain and suffering, all resulting from infrastructure failures that should have been addressed.
If you have been injured due to a defective road or poorly maintained sidewalk in Pennsylvania, understanding your legal options is crucial for securing the compensation you deserve. The path to recovery involves navigating complex government immunity laws, strict procedural requirements, and identifying the parties responsible for maintaining safe public infrastructure.
Government Immunity and Its Exceptions
In Pennsylvania, pursuing a claim against a government entity presents unique challenges due to sovereign immunity, which generally protects state and local governments from lawsuits. However, the Political Subdivision Tort Claims Act provides important exceptions for injuries caused by dangerous conditions of streets, sidewalks, and other public properties.
To qualify for these exceptions, you must establish that the dangerous condition created a foreseeable risk, the government had actual or constructive notice of the problem, and officials had reasonable time to remedy the condition before your injury occurred.
Strict Notice Requirements
One of the most critical requirements for these claims is providing written notice to the responsible government entity within six months of your injury. This notice must include your personal information, details about the incident, medical provider information, and the nature of your injuries.
This short timeframe makes it imperative to act quickly after an accident. Failure to provide proper notice within the six-month window may permanently bar your claim, regardless of how severe your injuries or how clear the government’s negligence.
Identifying the Responsible Party
Determining which entity bears responsibility for the road or sidewalk where your injury occurred can be complex. The Commonwealth of Pennsylvania maintains state roads, while counties and municipalities handle local streets. In many areas, adjacent property owners bear responsibility for sidewalk maintenance.
Multiple parties may share responsibility in some situations, such as when a municipality owns a sidewalk but local ordinances require adjacent property owners to maintain it or clear it of snow and ice.
Proving Liability
To succeed in your claim, you must establish negligence by proving that a dangerous condition existed, the responsible party knew or should have known about it, they failed to address it within a reasonable time, and this failure directly caused your injuries.
Essential evidence includes photographs of the defect, witness statements, maintenance records, prior complaints about the condition, and sometimes expert testimony regarding applicable safety standards. Gathering this evidence promptly is crucial, as conditions may be repaired after an accident occurs.
Damage Limitations
Pennsylvania law caps damages in claims against government entities. Current liability limits are $500,000 for claims against local governments and $250,000 for claims against the Commonwealth per occurrence, regardless of the severity of injuries.
These limitations apply to the total recovery for a single incident, and punitive damages are not available when suing government entities. These caps make it especially important to document all aspects of your damages thoroughly.
Comparative Negligence Considerations
Under Pennsylvania’s modified comparative negligence rule, your recovery may be reduced if you were partially at fault for your injury. For example, if you were distracted while walking and failed to notice an obvious hazard, your compensation might be reduced proportionally.
As long as you are found to be less than 51% responsible, you can still recover damages, though they will be reduced by your percentage of fault. Your attorney will work to minimize any assignment of blame to you and maximize your potential recovery.
Private Property Owners’ Liability
In some cases, private property owners bear responsibility for sidewalk maintenance. Many municipal ordinances require adjacent property owners to maintain sidewalks and remove snow and ice.
Claims against private property owners follow different legal standards and are not subject to the same immunity protections and damage caps as government claims, potentially allowing for fuller compensation for serious injuries.
Seeking Legal Guidance
The attorneys at Rubin, Glickman, Steinberg & Gifford, P.C. understand the complexities of defective road and sidewalk cases in Pennsylvania. Our legal team has successfully represented injured clients throughout Montgomery and Bucks counties, helping them navigate the intricate requirements of claims against government entities and private property owners.
If you have been injured due to a dangerous road condition or poorly maintained sidewalk, do not delay in seeking legal assistance. Contact our office at (215) 822-7575 or through our online contact form to schedule a consultation and learn how we can help you pursue the compensation you deserve for your injuries.
