Trip and Fall Claims in Pennsylvania: The Height Difference Argument

Measure it before it is fixed

The defect is the case, and defects get repaired quickly once someone falls. Photograph it with something for scale, a ruler or a coin, from several angles including one at ground level showing the height difference in profile.

A repaired sidewalk with no photographs leaves you arguing about a defect nobody can now see.

The trivial defect argument

Owners routinely argue that a minor irregularity is not actionable, because pavements are not required to be perfectly level. Pennsylvania courts do consider whether a defect was so trivial that no reasonable owner would be expected to repair it.

That is not a fixed measurement. It considers the surrounding circumstances: the size of the difference, the location, lighting, whether it was obscured by debris or shadow, and whether pedestrians would be looking elsewhere. A one inch difference in a well lit open walkway is a different question from the same difference at the bottom of steps in poor light.

Who is responsible for a sidewalk

Frequently the adjoining property owner rather than the municipality, since many Pennsylvania municipalities place the maintenance duty on abutting owners by ordinance. Where the municipality is responsible, the six month notice requirement for government claims applies and it is short.

Establishing who owns and who maintains is an early step that determines both the defendant and the deadline.

The recurring causes

• Raised or sunken pavement slabs, often from tree roots.
• Unmarked single steps and level changes.
• Broken or missing kerbing.
• Potholes and depressions in car parks.
• Cables, mats and displays across walkways.
• Poor lighting turning a visible defect into an invisible one.

Open and obvious

Expect the argument that you should have seen it. It does not automatically defeat a claim: Pennsylvania reduces recovery by your share of fault and bars it only above 50 percent, and an owner can still be liable where harm was foreseeable despite the obviousness. Layout, lighting and what drew your attention all matter.