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Bubbles914

Junior Member
What is the name of your state (only U.S. law)? Pennsylvania

I slipped on ice and fell due to the Township not treating the road, I obtained a spiral fracture to my fibula and may need surgery.
 


quincy

Senior Member
What is the name of your state (only U.S. law)? Pennsylvania

I slipped on ice and fell due to the Township not treating the road, I obtained a spiral fracture to my fibula and may need surgery.
Roads are icy in winter. It is a known hazard.

What were the circumstances surrounding your fall (i.e., why were you walking on the township road)?
 

Bubbles914

Junior Member
I have to walk on the road in order to get to my car, I understand roads are icy and it's winter but why are all the other roads treated and not this one? Sorry should have put that in my original post!
 

justalayman

Senior Member
I have to walk on the road in order to get to my car, I understand roads are icy and it's winter but why are all the other roads treated and not this one? Sorry should have put that in my original post!
A municipality is not obligated to plow or treat a roadway. Since it gets slippery in the winter and they are not obligated to plow the road they have no liability.
 

cbg

I'm a Northern Girl
The street I live on is one of the last to be plowed every storm. That's just the order in which the plows go out. Not every road can be taken care of first. There's going to be ice and snow on the roads in winter; that's just a part of life.

I very much doubt that *all* the other roads are treated and one single road is deliberately omitted. I can easily believe that your road is treated late in the process; I can easily believe that major roads are treated and secondary roads not, with your road being among the "not". But every single other road but yours treated is not something I'm prepared to accept.

I'm sorry you were injured and I hope you recover soon. But things happen; there's no one here at fault.
 

quincy

Senior Member
I have to walk on the road in order to get to my car, I understand roads are icy and it's winter but why are all the other roads treated and not this one? Sorry should have put that in my original post!
I am afraid you will not be able to show negligence on the part of the Township for their failure to plow and treat your road, based on what you have said here. I am sorry you had such a severe injury as a result of your fall. I hope your recovery is fast and complete.

Following are two links, the first to a thorough overview of snow and ice liability in Pennsylvania, where it indicates under what circumstances Pennsylvania does not impose a duty of care to protect against general slippery conditions that naturally occur in winter, and the second to a defining Pennsylvania case, Rinaldi v. Levine, 406 Pa. 74, 176 A.2d 623 (1962), establishing the "Hills and Ridges Doctrine."

https://www.jdsupra.com/documents/11b80304-13d6-41e3-9d16-e19e6a09d6c7.pdf

https://www.casemine.com/judgement/us/59149c81add7b049346437f3

Because of the extent of your injuries, you might want to consult with a personal injury attorney in your area to confirm our opinions.

Good luck and, again, I wish for you a speedy recovery.
 
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adjusterjack

Senior Member
I have to walk on the road in order to get to my car, I understand roads are icy and it's winter but why are all the other roads treated and not this one? Sorry should have put that in my original post!
If you are going to consult an attorney, do it quickly as claims against government entities have special rules and short windows of opportunity.
 

quincy

Senior Member
Here is something I believe to be more apropos;


http://caselaw.findlaw.com/pa-commonwealth-court/1574565.html

In it you will find discussion of;

Sovereign Immunity Act

State Highway Law

Obligations under the Tort Claim Act



If you can get beyond all of those barricades, have yourself a field day.
I agree that Page v. City of Philadelphia has a good discussion.

I also agree that, if a personal review by an attorney is to be done, it should be done soon.

But based on the minimal amount of information that has been disclosed, I do not see success with a lawsuit.
 

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