Injured at a Store That Says Warning Signs Were Posted

Attorney Answer

The store's position is a position, not a ruling. Whether a warning was in place when you fell is a question of fact, and your photo goes straight to it. Your own part, loading a regular cart with flooring, will be weighed too. But Pennsylvania compares fault rather than letting it end the claim, unless your share is the larger one.

When the sign went up matters. A store's duty to its customers concerns conditions on its premises, and whether a warning was in place at the time is part of how that duty is measured. A sign posted after your fall says nothing about what you were warned of before it. Your photo and its date are evidence of when the sign appeared, so keep the original file exactly as it is, not a screenshot or a forwarded copy.

Your own conduct, and how Pennsylvania counts it. 42 Pa.C.S. § 7102(a):

In all actions brought to recover damages for negligence resulting in death or injury to person or property, the fact that the plaintiff may have been guilty of contributory negligence shall not bar a recovery by the plaintiff or his legal representative where such negligence was not greater than the causal negligence of the defendant or defendants against whom recovery is sought, but any damages sustained by the plaintiff shall be diminished in proportion to the amount of negligence attributed to the plaintiff.

So your choice to load a regular cart does not, by itself, end the claim. If the store bears some fault, for example for having no suitable carts, or for a hazard involved in your fall, your recovery is reduced by your share. You are barred only if your share is greater than the store's. How the fault divides depends on exactly how the fall happened. A lawyer will want that detail.

What you can do

1. Keep the original photo file of the sign, with its date data, and back it up.

2. Ask the store in writing to keep its video from the day of your fall and its incident report.

3. Keep every medical record and bill for the wrist and the knee.

4. Ask a lawyer before giving the store's insurer a recorded statement.

5. Even if you are handling this yourself, you would be best served by a brief phone consultation with a local Pennsylvania attorney before you act. Most lawyers offer a short initial call at no cost, and a few minutes on your specific facts — and on how your court actually handles this — is worth more than any general guidance, including this page.

⏱ Time limits apply. A claim must be filed within two years under 42 Pa.C.S. § 5524, which covers “An action to recover damages for injuries to the person or for the death of an individual caused by the wrongful act or neglect or unlawful violence or negligence of another.” Store video is usually kept for a much shorter time, so the written request to preserve it should go now.