Winter Slip and Fall Accidents in Wilkes-Barre

Winter weather in Northeastern Pennsylvania often means slippery surfaces— on sidewalks, parking lots, entryways, and store aisles. Even when you’re being careful, one patch of ice or a wet, slick floor can lead to a serious fall. If you’re injured on someone else’s property, it helps to understand what steps to take and how Pennsylvania law generally evaluates winter slip-and-fall cases.

Winter Slip and Fall Accidents: Why Your Next Steps Matter

After a fall, your first instinct may be to seek medical attention. That is often the right decision. But injuries can lead to unexpected bills and missed time at work. In many cases, property owners or their insurers may deny responsibility. Knowing what to do early can help protect both your health and your potential claim.

Premises Liability Basics in Pennsylvania

Slip and fall cases commonly involve premises liability, which focuses on what duties a property owner (or possessor of land) owes to people on the premises. In Pennsylvania, your legal status on the property can affect the duty owed to you. Generally, a person on someone else’s property falls into one of these categories:

  • Business invitee (example: shopping at a store)
  • Social licensee (example: invited guest at a friend’s home)
  • Expected trespasser
  • Unknown trespasser

Most commercial winter slip-and-fall claims involve business invitees, because shoppers are on the property for business purposes.

The Duty Owed to Invitees and Licensees

Both invitees and licensees are generally owed a duty to:

  • Make reasonable inspections of the property, and
  • Warn of known hazards.

However, an important difference is that a property owner typically owes an invitee an additional duty to reasonably correct (rectify) dangerous conditions. The law may not impose that same correction obligation in the same way for a licensee.

Winter Weather and the “Hills and Ridges” Doctrine

Winter conditions create a real-world challenge: even after a property is cleared, snow and ice can return quickly—especially during an ongoing storm. Pennsylvania courts address this through what is commonly called the “hills and ridges” doctrine.

In many winter slip-and-fall claims involving general snowy or icy conditions, a shopper typically must show:

  1. The accumulation of snow or ice was large enough to pose an unreasonable danger to pedestrians;
  2. The property owner had actual or constructive notice of the condition; and
  3. The dangerous accumulation caused the fall.

Practically speaking, property owners are often given a reasonable period of time to address winter conditions. While every case is fact-specific, this “grace period” is sometimes described as several hours or overnight, depending on the circumstances.

Important Exceptions

There are also notable situations where “hills and ridges” may not apply, including:

  • Snow/ice from an awning or overhang that creates a hazard in a particular spot; and
  • Localized patches of ice rather than generally icy conditions.

Where the fall happened—and what the surface looked like—can be critical.

What to Do After a Winter Slip and Fall

If you’re injured in a winter slip and fall, consider taking these steps as soon as you reasonably can:

  • Get medical care and follow your provider’s recommendations.
  • Document the scene with photos or video. Try to capture the wider area and the specific hazard in the same frame.
  • Report the incident to the property owner or manager and note the date/time.
  • Identify witnesses and get names/contact information if possible.
  • Preserve records such as medical bills, discharge papers, and any written communications.
  • Be cautious with recorded statements. If you’re asked to give one, it may be best to speak with an attorney first.

Talk With a Pennsylvania Slip and Fall Attorney

A winter fall can be painful, stressful, and disruptive. If you were injured on someone else’s property in Wilkes-Barre, Scranton, or anywhere in Northeastern Pennsylvania, the team at O’Donnell Law Offices can help you understand your options and navigate this complex area of the law.

Contact O’Donnell Law Offices to discuss your situation and next steps.

About the Author

This article was written by Attorney Joshua Perry, with contributions from Connor Graham.

Joshua Perry is a personal injury attorney at O’Donnell Law Offices serving clients throughout Northeastern Pennsylvania. Before entering the legal profession, Josh worked as a registered nurse, giving him a unique perspective on injury cases and a deep understanding of medical records, treatment, and long-term patient impact. He regularly handles slip and fall claims, premises liability matters, and other personal injury cases, helping injured individuals navigate complex legal and medical issues.

Learn more about Attorney Joshua Perry →

References

The following Pennsylvania cases provide general legal context for the principles discussed above:

Note: Case law is cited for general informational purposes only. Legal outcomes depend on the specific facts and circumstances of each case.

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