Two-Year Old Photo is Sufficient to Support Negligence Claim (PA)
In Taylor v. Lots for Sale LLC, plaintiff fell and was injured when she stepped into a two-inch drop-off on the sidewalk in front of Lots for Sale, LLC (“Lots for Sale”). At the non-jury trial, the plaintiff presented photos of the sidewalk where she fell, including photos establishing that the drop-off existed for more than two years before her fall. The trial court found in Taylor’s favor, and Lots for Sale subsequently appealed.
In their appeal, Lots for Sale argued that plaintiff failed to present sufficient evidence that Lots for Sale knew or should have known of the drop-off. The Superior Court noted that, according to the photos, Lots for Sale had ample time to take notice of the drop-off and repair the defect. The Superior Court upheld the trial court’s ruling.
This case demonstrates the importance of inspecting a commercial property and the surrounding sidewalks for potential defects. Leaving a potential defect for several years can be used against you in a future litigation.
Thanks to Nicholas Wright for his contribution to this post. Please contact Heather Aquino with any questions.