Key Takeaways
- The owner of the property next to a sidewalk usually has the main duty to fix cracks and clear away snow and ice.
- The City of Philadelphia, SEPTA, tenants, and hired contractors may share blame when they controlled or created the hazard.
- Short notice periods and filing deadlines apply, so acting quickly and gathering evidence early can protect a claim.
When a claimant asks us to pursue compensation for an injury they sustained because of a slip and fall accident on or near Cecil B. Moore Avenue, the slip and fall accident lawyers at our firm analyze every potential source of negligence. Property owners usually bear the primary responsibility, although tenants, Temple University, SEPTA, and the city can share blame. From there, Philadelphia’s snow removal rules, the evidence, and the injured person’s share of fault all shape these claims.
Where Is Cecil B. Moore Avenue?
Cecil B. Moore Avenue is a major east-to-west street in North Philadelphia, where it crosses North Broad Street in the heart of Temple University’s main campus. Once known as Columbia Avenue, the street now honors Cecil B. Moore, a Philadelphia civil rights attorney and city councilman. Because students, commuters, and longtime residents share its sidewalks every day, foot traffic stays heavy all year.
Who Usually Has the Duty to Maintain a Philadelphia Sidewalk?
In Philadelphia, the owner of the property that borders a sidewalk must keep it in safe repair. For example, if a raised slab near the Subway restaurant at 1511 Cecil B. Moore Avenue trips a student on the way to class, the building owner is usually the first party held responsible. A lease can also shift some upkeep to a tenant, so investigating that angle is also important.
How Do Snow and Ice Rules Apply Near Temple University?
Philadelphia Code Section 10-720 gives owners and tenants 6 hours after snow stops falling to clear a path at least 36 inches wide. As crowds leave a game at the Liacouras Center on North Broad Street, an icy stretch left overnight can easily cause a hard fall. However, Pennsylvania’s hills and ridges rule may limit liability when ice covers much of the city during or right after a storm.
When Can the City of Philadelphia Share Responsibility?
Pennsylvania law generally makes the city secondarily liable for sidewalk defects, meaning the property owner is liable first. Even so, the city may share blame when it knew about a dangerous condition and failed to act. When the city owns the neighboring land, such as a public recreation center, a crumbling walkway out front would point directly to the city.
What Role Does SEPTA Play Near Cecil B. Moore Station?
The Cecil B. Moore station on SEPTA’s Broad Street Line has entrances along North Broad Street at Cecil B. Moore Avenue. Although nearby businesses handle their own frontage, station stairways and entrance areas often fall under SEPTA’s control. Because SEPTA is a state agency, a claim against it is subject to immunity limits and a strict notice deadline.
What Slip and Fall Hazards Are Common Outside Businesses on Cecil B. Moore Avenue?
Eateries along the 1500 and 1600 blocks, such as Twist Creamery, Maple Star, and Pazzo Pazzo, are typically busy, and constant traffic near any restaurant doorway can create hazards. Spilled drinks, grease on floors, and freshly mopped entryways can turn slick, while sidewalk cellar doors grow slippery in the rain. When a business creates or ignores a hazard such as those, it may share responsibility for a fall.
Why Do Sidewalk Falls Often Cause Serious Injuries?
A sidewalk fall can do far more damage than most people expect, especially for older residents walking to corner stores and bus stops. In fact, the CDC notes that more than 14 million adults age 65 and older report a fall each year. Broken hips, wrist fractures, and head injuries often follow, and recovery can bring surgery, missed work, and months of physical therapy.
How Cecil B. Moore, Philadelphia, Slip and Fall Accident Lawyers Prove Fault
Proving fault means showing that the responsible party knew, or should have known, about the hazard and did not fix it within a reasonable time. Helpful evidence includes:
- Photos of the crack, uneven slab, or ice taken right after the fall
- Names and phone numbers of anyone who saw it happen
- Security footage from nearby shops, which may be erased within days
- Medical records from the first hospital or doctor visit
- Earlier 311 complaints about the same spot
Can an Injured Person Recover Money When Partly at Fault?
Pennsylvania follows a modified comparative negligence rule, which allows recovery as long as the injured person is no more than 50% at fault. The award then drops by that person’s share of blame. For example, a pedestrian found 20% at fault for texting while walking would receive 80% of the total damages.
How Long Does an Injured Pedestrian Have to Act?
Pennsylvania generally allows 2 years from the date of an injury to file a personal injury lawsuit. However, when the city or SEPTA may be responsible, written notice of the claim must usually reach the city or agency within 6 months of the fall. Acting early also helps because owners sometimes repair a broken slab quickly, which can wipe away visible proof.
Frequently Asked Questions
Can a Landlord Be Responsible When a Tenant Fails to Shovel?
Yes, landlords of buildings with more than one unit generally handle snow removal under city rules. A rental home with only one unit may be different, since the tenant often shares that duty.
Does a Small Sidewalk Crack Support a Claim?
It can, depending on how deep the defect is and whether the owner knew about it. Pennsylvania courts consider the full circumstances rather than applying a fixed metric.
Should an Injured Person Talk to the Property Owner’s Insurance Company?
Caution is wise, since early statements to an insurer can be used to reduce the value of a claim. Many injured people speak with a lawyer before giving any recorded statement.
If You Fell and Got Hurt, Let Our Cecil B. Moore Slip and Fall Accident Lawyers at Rand Spear – The Accident Lawyer Determine Who Must Answer for Your Fall
At Rand Spear – The Accident Lawyer, our Cecil B. Moore slip and fall accident lawyers will investigate the cause of your accident and identify the responsible parties. Our experienced team will fight for the justice you deserve. Call 215-985-0138 or contact us online to set up a free consultation. Located in Philadelphia, Cherry Hill, and Marlton, NJ, we help clients across Pennsylvania and New Jersey.
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