In slip and fall cases, the court typically looks at whether the defendant took reasonable steps to monitor or become aware of potentially dangerous situations, and then took appropriate steps to remedy them. But what if the owner of the business knew, because of the type of business being conducted, that the floors were likely to be slippery, to have water, food or other dangerous substances on them at any time? For example, what if a person slips and falls at a buffet-style restaurant, where customers regularly serve themselves, and regularly drop food on the floor?

Some jurisdictions, considering it reasonable that the owner of such an establishment should expect such conditions to exist, have eliminated the requirement that an injured person show negligence, based on what’s known as the “mode of operation” doctrine. In New Jersey, where this approach has limited application, the courts have identified specific requirements for its application:

• It only applies where the mode of operation" involves self-service, with customers independently handling products or merchandise
• It only applies in areas affected by the self-service operations—it may not be transferred to all parts of such a business
• The legal theory may also be used if the dangerous conditions were created by an employee, rather than a customer. For example, if a business has a self-service food bar, but an employee caused items to be on the floor, the doctrine can be used if another customer slips and falls on the items the employee caused to land on the floor.

Though a number of cases have been filed in Pennsylvania alleging liability under a “mode of operation” principle, the state has not yet recognized it as a valid doctrine.

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At Barnard, Mezzanotte, Pinnie & Seelaus, we have fought for the rights of individuals throughout Delaware County since 1980. We offer a free initial consultation. To schedule an appointment, call us at 610-565-4055 or contact us online

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In Pennsylvania, as in other states, the owner of residential or commercial property has a duty to maintain the premises in such a way as to minimize the risk of injury to anyone legally on the property. That duty can also extend to anyone who maintains control of property, from a property manager to a landlord or tenant. The duty requires reasonable monitoring to discover and remedy any potentially dangerous conditions.

There are a couple other issues that you should be aware of, if you have sustained an injury on someone else’s property:

• The Statute of Limitations—Under the laws of the state, there’s a time limit for filing a lawsuit to recover any losses sustained as a result of a slip and fall. In Pennsylvania, that period of time is two years, typically measured from the date of the injury, or from the date you learned of the injury. There’s good reason for this rule—memories fade and evidence gets lost, so the sooner you file, the better the chance of a fair trial for everyone. In addition, the law considers it unreasonable that a person should have a potential lawsuit hanging out there for an extended period of time.
• The Principle of Comparative Negligence—In a personal injury case based on negligence, the jury typically requires the at-fault party to pay for losses suffered by the injured party. If the injured party was negligent in any way and that negligence caused or contributed to the accident, the injured party may have some responsibility. Under Pennsylvania law, if the jury determines that the injured party was more than 50% responsible for the accident, the injured party cannot recover any compensation. For example, if you went into an area that was blocked off by tape or cones, or if you were on a device or otherwise engaged in distracted behavior, that may be considered contributory negligence and may reduce or preclude damages.

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At Barnard, Mezzanotte, Pinnie & Seelaus, we offer experienced and knowledgeable legal counsel to individuals in Pennsylvania. To set up an appointment for a free initial consultation, call us at 610-565-4055 or contact us online

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