Cohen, Feeley, Altemose & Rambo
Call Us Today For A FREE Consultation 610-295-5321
Click For A Free Consultation 610-295-5321
Areas of Practice

Premises liability claims and the inattentive pedestrian


Walking on the property of a business or private owner often appears to be a relatively safe experience. Pedestrians in Pennsylvania do not often consider walking into hazards or dangers on public or private property the person is invited on; however, certain conditions and factors could lead to a pedestrian accident. When this occurs, it is important to assess the entire situation, and the role each party played leading up to the incident. This could establish fault and whether a premises liability claim is available.

While walking seems like a very simple action, in actuality, it is a complex action that relies on the pedestrian being aware and attentive of the person's surroundings. If a pedestrian is not looking or focused on walking, this could result in the walker unintentionally encountering dangerous conditions.

Texting and walking could cause a pedestrian to increase the person's chances of being injured or involved in a pedestrian accident. In fact, more people are involved in texting and walking incidents than texting and driving accidents; however, texting and driving accidents are usually more serious. When the attention of a pedestrian is diverted to their phone, this could cause the individual to bump into walls, fall down stairs, trip over cracks and holes in pavement, collide with hazardous objects or fail to properly avoid dangers such as a moving vehicle.

When a person is harmed on the property of another, it is important to assess the entire situation and the role of each party in the incident. If it is determined that there are dangerous conditions on the property and the owner's failure to remedy caused the injuries of the victim, liability could be placed on the property owner. Despite that, if it is determined the individual was inattentive and could have reasonably avoided serious injuries, the victim could be partially responsible for the incident.

Even if an individual is found partially at fault in a premises liability case, the injured party might still be entitled to recovery for damages. In these matters, the monetary award recovered would be reduced by the percentage of responsibility the party had in the incident. No matter the situation, it is important to be knowledgeable about the matter and what options are available. Victims should seek guidance about what steps the person should take to protect the person's rights and interests.

Source: Healthline.com, "Texting While Walking Causes More Accidents Than Texting and Driving," Sandra Levy, March 10, 2014

No Comments

Leave a comment
Comment Information

Take The First Step And Contact Us

Bold labels are required.

Contact Information
disclaimer.

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

close

Privacy Policy

Awards and Memberships

  • who's who legal
  • Global Who's Who Best Lawyers in Pennsylvania
  • Million dollar advocates forum
  • bar register of preeminent lawyers
  • the best lawyers in america
  • the national top 100 trial lawyers
  • national board of trial advocacy est 1977
  • A Proud member of the chamber greater lehigh valley chamber of commerce
  • Super lawyers pennsylvania Super lawyers and Rising stars
  • Best lawyers best law firms us news 2016
  • AV preeminent martindale-hubbell lawyer ratings highest rating

Our Locations

With three Lehigh Valley office locations in Bethlehem, Whitehall and Stroudsburg, we serve clients throughout Pennsylvania and New Jersey. map-image map-image map-image

Bethlehem Office
2851 Baglyos Circle, Suite 200
Bethlehem, PA 18020

Toll Free: 888-854-6895
Phone: 610-295-5321
Fax: 610-332-2722
Bethlehem Law Office Map

Whitehall Office
352 5th Street, Suite C
Whitehall, PA 18052

Toll Free: 888-854-6895
Phone: 610-295-5321
Whitehall Law Office Map

Stroudsburg Office
706 Monroe St.
Stroudsburg, PA 18360

Stroudsburg Law Office Map

Call Us Today For A
Free Consultation