Injured by a Hidden Hole on a Business's Property in Pennsylvania

Attorney Answer

See a doctor about the ankle now. The renewed problems are a medical matter first, and the record that ties them to the fall is also the evidence for a claim. A hole hidden by grass on a business's property is the kind of hazard a premises claim is about. The deadline runs from the fall, not from when the symptoms came back.

The hazard. A business owes the people it invites onto its property a duty concerning the condition of its premises. Whether a danger was hidden or obvious is central to how that duty applies. A hole concealed by grass, right next to a manhole cover a person would naturally step on, is the hidden kind. How long the hole had been there, and whether the business knew or should have known about it, are the facts that decide a claim like this. They are what a lawyer will look into.

The flare-up. A later worsening is part of the same injury, so plan around the date of the fall, not the date the symptoms returned. The medical record of the renewed problems, and of the original fracture, is what connects the two. Tell your doctor exactly how the ankle was injured.

Your own care, and how Pennsylvania counts it. If the business argues you should have watched your step, Pennsylvania compares fault rather than letting it end the claim. Under 42 Pa.C.S. § 7102(a), you still recover if your negligence “was not greater than the causal negligence of the defendant or defendants against whom recovery is sought” — with your damages reduced by your share.

What you can do

1. See a doctor about the renewed symptoms, and tell them about the fall.

2. Photograph the hole and the area around the manhole cover, if it has not already been fixed.

3. Report the fall to the business in writing, and ask it to keep any video and incident report.

4. Keep every medical record and bill from the original fracture onward.

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 of the fall 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.”