If you fell on a store driveway on Castor Avenue in Rhawnhurst, Philadelphia, the property owner is usually responsible. Slip and fall accidents often occur where the sidewalk slopes down toward the street, or where the concrete is cracked, uneven, or sunken. These hazardous conditions can support a personal injury claim against the property owner.
At Rand Spear – The Accident Lawyer, our Rhawnhurst, Philadelphia slip and fall attorneys handle claims against property owners whose unsafe sidewalks and driveways cause injuries. This discussion explains why store driveways can be dangerous to walk across and why Philadelphia law holds property owners responsible for their upkeep.
Store Driveways Cross the Sidewalk Along Castor Avenue in Rhawnhurst, Philadelphia
The Castor Avenue shopping strip runs north from Cottman Avenue to Solly Avenue, a stretch of about 10 blocks.
Businesses with their own parking lots need a driveway that crosses the sidewalk. The Police and Fire Federal Credit Union branch at Shelmire Avenue is one of them. At each driveway, the curb is lowered so that vehicles can drive over it. That lowered section is called a curb cut.
Pedestrians walking between stores must cross these curb cuts along the sidewalk. Because driveways vary in width and slope from one business to the next, unexpected changes in terrain can easily catch walkers off guard.
Why Does the Slope of a Store Driveway Cause Falls?
Store driveways create fall hazards because the pavement tilts toward the street where vehicles enter. Stepping from level ground onto a sloped surface can easily twist an ankle or cause you to lose your balance. On narrower sidewalks, the incline can be even steeper because the drop to street level occurs over a shorter distance.
Some driveways also form a center dip, causing the pavement to slope down on one side and rise on the other. Pedestrians focused on watching for oncoming traffic can easily miss these subtle changes in elevation, a danger made worse when carrying shopping bags or pushing a stroller.
Why Are Broken Curb Cut Edges So Easy to Trip Over?
Cracked or sunken concrete creates vertical ridges that easily catch the toe of a shoe. A common trouble spot is the joint where the sloped driveway meets the flat sidewalk. When concrete on either side cracks or settles, a raised lip forms that can trip pedestrians and send them falling forward onto the pavement.
The sloped edges of a curb cut can also crumble, creating loose concrete debris and dangerous gaps along the walkway. Because these damaged areas blend in with the surrounding concrete, they are difficult to spot, especially in building shadows or low afternoon light.
How Does Rain Make Castor Avenue Driveways More Slippery?
Rain makes sloped driveways significantly more hazardous than level sidewalks because water reduces traction on inclined surfaces. Runoff from adjacent parking lots can also pool on driveways long after the rain stops. Over time, heavy vehicular traffic wears concrete smooth, making it exceptionally slick when wet.
In autumn, wet leaves can collect where the driveway meets the gutter, covering cracked edges at the bottom of the slope.
How Serious Can a Fall on a Sloped Driveway Be?
Falls on sloped surfaces often cause severe injuries because the angle forces impact onto vulnerable parts of the body. Landing on your side can cause hip fractures, while extending an arm to break a fall frequently results in fractured wrists or arms. Falling backward on a wet incline can lead to traumatic brain injuries if your head strikes the pavement.
CDC data shows that falls caused 88% of emergency department visits and hospitalizations for hip fractures among older adults. Falls also caused 83% of hip fracture deaths.
Recovery from a broken hip or wrist can be slow, making work and driving difficult.
Who Is Responsible for the Driveway Outside a Castor Avenue Store?
In most cases, the adjacent property owner, not the City of Philadelphia, is responsible for maintaining driveways and curb cuts that cross the public sidewalk in front of their business.
According to the Philadelphia Streets Department, sidewalk and driveway aprons are the responsibility of the abutting property owner. Property owners are legally required to keep these areas in a safe, walkable condition.
If a business rents its store, the lease may require that business to maintain the sidewalk and driveway out front. Under Pennsylvania premises liability law, the landlord, the tenant, or both may be liable when an unsafe driveway causes a slip and fall accident.
The business named on the sign is not always the property owner. At Rand Spear – The Accident Lawyer, our attorneys review deed and lease records to identify everyone who controlled the driveway where you fell.
Frequently Asked Questions About Store Driveway Falls in Rhawnhurst, Philadelphia
- What Does a Driveway Fall Claim Cover in Rhawnhurst?
Typically, it covers three kinds of losses: medical bills, lost wages, and pain and suffering. Medical bills can include emergency care, doctor visits, and physical therapy, and lost wages can include the pay you missed while you were unable to work.
- Will It Ruin My Claim if I Was Watching for Vehicles When I Fell?
Usually not, even if an insurance adjuster claims you should have noticed the hazard. Under Pennsylvania’s comparative negligence law, you can still recover compensation as long as you were not more than 50% responsible for the incident. Your recovery is simply reduced by your percentage of fault (for example, a 25% fault allocation reduces a financial award by 25%).
- Whose Insurance Pays After a Driveway Fall in Rhawnhurst?
Usually, a claim against the business or property owner is paid through their liability insurance, not out of their own pocket. A store and the owner of its building may each carry their own liability policy, so more than one insurer can be involved in the same claim.
Did You Fall and Get Hurt? Contact Our Rhawnhurst, Philadelphia Slip and Fall Accident Lawyers at Rand Spear – The Accident Lawyer
If you tripped or slipped on a driveway outside a Castor Avenue store, reach out to Rand Spear – The Accident Lawyer. Our Rhawnhurst, Philadelphia slip and fall accident lawyers will work to hold the responsible owner or business accountable and fight for fair compensation. Call 215-985-0138 or contact us online to schedule a free consultation. Located in Philadelphia, as well as Cherry Hill and Marlton, NJ, we assist clients throughout Pennsylvania and New Jersey.
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