Wilkes-Barre Slip and Fall Lawyer

A serious fall is rarely “just a fall.” A broken hip, a head injury, or a back injury on someone else’s property can mean surgery, months away from work, and a life that looks different than it did before. While you are dealing with that, the property owner’s insurance company is already building a case to pay you as little as possible. Evidence gets cleaned up. Witnesses forget. The clock on your claim is already running.

If a property owner’s negligence caused your fall in Wilkes-Barre, you need a slip and fall lawyer who knows how premises cases are fought and won in Luzerne County, not someone who will settle fast and move on.

• $10 million verdict and a $1 million premises liability recovery
• Board Certified Civil Trial Advocate (National Board of Trial Advocacy)
• Former Luzerne County DA and Court of Common Pleas Judge on the team
• Super Lawyers recognition for 17 consecutive years (2009-2026)
• 100+ combined years of attorney experience
• No fee unless we win. Free case review. Available 24/7.

Scartelli Olszewski, P.C. has handled premises liability claims across Luzerne County since 2001, and slip and fall work is part of the practice run by our Wilkes-Barre personal injury attorneys from our office at 7 Public Square, minutes from the Luzerne County Court of Common Pleas at 200 North River Street.

Call (570) 822-1400 for a free, confidential case review.

Past results do not guarantee similar outcomes. Every case is different.

“I had an exceptional experience working with Attorney Scartelli and the entire team at Scartelli Olszewski.” From our very first meeting, it was clear that I was in the hands of highly skilled professionals who truly care about their clients. Attorney Scartelli’s attention to detail, compassion, and unwavering dedication to justice gave me peace of mind during a very stressful time. The firm kept me informed every step of the way, patiently answered all my questions, and made sure I felt supported throughout the process. Their legal knowledge and strategic approach were instrumental in achieving a favorable outcome in my case. If you’re looking for a legal team that combines experience, integrity, and personalized service, I wholeheartedly recommend Scartelli Olszewski. They go above and beyond, and I am truly grateful for everything they’ve done for me. Thank you, Melissa, Kristin, and Rachel! -★★★★★ Melissa Rich, Google Review, 2025

What Should You Do After a Slip and Fall Accident?

The decisions you make in the hours and days after a fall matter more than most people realize. Evidence disappears fast, and so does your leverage. What you do right now directly affects what you can recover later.

1. Seek medical treatment the same day: The medical record is the foundation of your claim, and a gap in treatment gives the insurer grounds to argue your injuries were not serious.
2. Report the accident: Tell the property owner, store manager, or supervisor what happened, request a written incident report, and get a copy before you leave.
3. Document the hazard: Photograph and video the condition that caused your fall from multiple angles before it is cleaned up. Wet floors, uneven pavement, poor lighting, and ice accumulation all need to be on record.
4. Identify witnesses: Ask anyone who saw the fall for their name and contact number. Their account establishes how long the hazard had been there and whether the owner had notice.
5. Save every document: Medical bills, pharmacy receipts, lost wage records, and a written account of events while your memory is fresh.
6. Do not give a statement to the insurer: Reporting the accident to the property is different from giving a recorded statement to their insurance company. Adjusters use those statements to reduce your claim. Anything you say, including “I’m fine,” can be used against you.
7. Call our lawyers before your deadline: you have two years under Pennsylvania law. If the fall happened on government property, written notice is required within six months. Missing that shorter deadline ends the claim regardless of how strong the case is.

Types of Slip and Fall Accidents

Not every fall happens the same way. The type of fall affects how liability is established and what evidence matters most.

• Step: A step-and-fall happens when there is an abrupt change in surface height, such as a step-down or a sudden slope.
• Slip: A slip-and-fall happens when something on the ground keeps your feet from gripping the surface. It is the most common type and has become the general name for all four.
• Trip: A trip-and-fall happens when something is suddenly at a higher height, and you do not know how to lift your foot.
• Hidden condition: A fall caused by a hidden obstruction, like a design flaw or something under a carpet, where the property owner knew or should have known and failed to warn you.

A fall can cause broken bones, concussions, spinal injuries, paralysis, and brain damage. Serious head trauma is handled in coordination with our Wilkes-Barre brain injury lawyers.

What Causes Slip and Fall Accidents in Wilkes-Barre?

Most premises claims in Luzerne County trace back to a hazard the property owner knew about or should have found.

• Uneven and wet surfaces, including wet floors, spills without warning signs, loose or torn carpeting, broken floorboards, and uneven sidewalks. Where a hazard cannot be fixed immediately, the owner must warn guests. An owner who fails even to post a sign can be liable.
• Snow and ice, which in a Wilkes-Barre winter are governed by Pennsylvania’s hills and ridges doctrine. Municipal sidewalks around Public Square carry a separate risk: falls there trigger the six-month government notice requirement under 42 Pa.C.S. § 5522(a), not the standard two-year deadline.
• Poor lighting, in stairwells, parking garages, and walkways, hides hazards a person would otherwise avoid.
• Neglect, especially in nursing homes, where residents who struggle with balance are put at greater risk. The falls our Wilkes-Barre nursing home abuse lawyers investigate are frequently the result of a missing fall-risk plan.

How Common Are Slip and Fall Accidents?

Falls are not minor. According to the CDC, falls are the leading cause of fatal and nonfatal injuries among adults 65 and older, and about 3 million older adults are treated in emergency departments for fall injuries every year. One in five falls results in a serious injury. In a region with Wilkes-Barre’s winters and an aging population, that risk is present on icy walkways, in older buildings, and on the municipal sidewalks and commercial properties across Luzerne County.

If you were hurt in a fall in Luzerne County, Scartelli Olszewski, P.C. has handled premises liability claims here since 2001.

Who Is Responsible for Slip and Fall Injuries?

Depending on the facts, more than one party may be liable: the property owner who knew of a hazard and did not fix it, a commercial tenant whose employee left a spill, a property-management company that failed to maintain the premises, a homeowner where a guest is hurt, or an employer who failed to provide a safe workplace.

Your status on the property matters. Pennsylvania sets the duty owed to you for why you were there. An invitee, such as a customer or shopper, is owed the highest duty: the owner must inspect for hazards, fix them, and warn of dangers. A licensee, such as a social guest, is owed a duty to be warned of known dangers. A trespasser is generally owed only a duty that the owner not cause willful or wanton harm. Most slip and fall clients are invitees, the strongest position, because a business that failed to inspect for or remove a hazard breached that duty.

How Much Is Your Wilkes-Barre Slip and Fall Case Worth?

There is no single average, because value depends on the severity of the injury, the medical care required, time lost from work, the permanence of any disability, and the available insurance. Pennsylvania does not cap compensatory damages in a slip and fall case.

• Economic damages: Past and future medical expenses, surgery, rehabilitation, lost wages, reduced earning capacity, and out-of-pocket costs.
• Non-economic damages: Pain and suffering, emotional distress, loss of enjoyment of life, and scarring or disfigurement.
• Punitive damages: Available where the owner’s conduct was reckless rather than merely careless.

Can You Still Recover if You Were Partly at Fault?

Yes. Under Pennsylvania’s modified comparative negligence rule at 42 Pa.C.S. § 7102, you can recover unless you are 51 percent or more at fault, which is the bar that ends recovery, and your award is reduced by your share. 

For example, if a jury finds you 20 percent at fault and your damages are $100,000, you recover $80,000. Property insurers routinely try to shift blame onto the injured person to trigger that bar, and we counter with photographs, surveillance footage, and maintenance records.

How Long Do You Have to File, and What if the Fall Was on Government Property?

• Standard deadline: two years from the fall under 42 Pa.C.S. § 5524.
• Government property: if you fell on a city, county, or other government property, such as a municipal sidewalk around Public Square, you generally must serve written notice within six months under 42 Pa.C.S. § 5522(a). Missing that six-month notice can bar the claim even though the two-year deadline has not passed.

These statutes of limitations on personal injury claims in Pennsylvania are strict, so it is best to call promptly.

The Hills and Ridges Doctrine: Snow and Ice Falls in Wilkes-Barre

In a region of hard winters, the single most important rule in a snow-or-ice fall case is the hills and ridges doctrine. The doctrine protects a property owner from liability for the generally slippery conditions that come with a Pennsylvania winter unless the injured person can prove three things: that snow or ice had accumulated in ridges or elevations that unreasonably obstructed travel, that the owner knew or should have known of that condition, and that the accumulation was the cause of the fall.

The doctrine has two limits that often decide these cases. It does not apply when the ice was a localized, isolated patch rather than the result of a general storm, and it does not apply when the dangerous condition was an unnatural accumulation caused by the owner’s own negligence, such as a clogged downspout, a broken gutter, or runoff that refreezes across a walkway. We investigate weather records, drainage, and maintenance history to determine whether the doctrine bars a claim or whether an exception removes it.

How a Wilkes-Barre Slip and Fall Lawyer Wins Your Case

Premises cases turn on evidence that is in the property owner’s control and disappears fast. At Scartelli Olszewski, our slip and fall lawyer knows the value of a lawyer is in moving quickly and specifically. We:

• Send preservation demands and, where needed, subpoena the property’s surveillance and security-camera footage before it is overwritten, often within days of the fall.
• Pull and analyze maintenance and inspection logs to show that the hazard was known or should have been found.
• Audit prior incident reports for the same hazard, which establishes notice and a pattern.
• Request weather records and, in a snow-and-ice case, the data that decides a hill and ridge defense.
• Obtain the complete medical record and retain treating physicians and, in serious cases, life-care and vocational experts.
• File and try the case in the Luzerne County Court of Common Pleas when the insurer will not pay fair value.

Request a free case review with us at (570) 822-1400. 

“A very difficult case. Every step of the process exceeded our expectations.” Melissa Scartelli and her entire team did an exceptional job with our very difficult case. Melissa’s research and deposition skills are absolutely outstanding. Her entire staff worked diligently under her direction and delivered amazing results. The whole process exceeded our expectations. -★★★★★ Joseph Adams · Google Review

Wilkes-Barre Slip and Fall FAQ

Where Do Most Slip and Fall Injuries Happen in Wilkes-Barre?

Common locations include retail stores, apartment complexes, and municipal sidewalks. Winter months increase risk on outdoor surfaces and parking areas. If you were injured at a specific location, the type of property affects how we prove negligence. Contact us to discuss where your fall occurred.

How Do I Prove a Property Owner Was Negligent?

You must show the owner knew or should have known about the hazard and failed to fix it or warn you, and that the hazard caused your fall and injury. Evidence that establishes this includes maintenance logs showing the hazard was reported, prior incident reports for the same condition, surveillance footage, and the absence of warning signs.

How Long Does a Slip and Fall Case Take in Pennsylvania?

It depends on the injury and whether the insurer accepts liability. Soft tissue cases can resolve in six to twelve months. Cases involving surgery, permanent disability, or disputed liability typically take one to three years, particularly if the case goes to trial in the Luzerne County Court of Common Pleas.

What If I Did Not See a Doctor Right Away?

It hurts your case but does not end it. Insurers use gaps in treatment to argue the injury was not serious or was caused by something other than the fall. The sooner you get evaluated, the stronger the medical record.

What If There Was No Warning Sign Where I Fell?

The absence of a warning sign strengthens your claim. Under Pennsylvania law, a property owner who cannot fix a hazard immediately must warn guests. Failing to post a sign is itself evidence of negligence.

What If the Property Owner’s Insurance Company Contacts Me First?

Do not give a statement. Adjusters are trained to record admissions that reduce or deny your claim under Pennsylvania’s comparative fault rule. Call us before you speak to anyone from the other side.

How Much Does It Cost to Hire a Wilkes-Barre Slip and Fall Lawyer?

Nothing upfront. We work on a contingency fee basis, and you pay an attorney fee only if we recover for you. Contact us for a free consultation. We handle the legal work and cost you nothing unless we win.

Contact the Slip and Fall Attorneys at Scartelli Olszewski, P.C.

A serious fall can leave you unable to work and buried in hospital bills, all because someone was negligent in maintaining their property. If you or a loved one was hurt on another party’s property, call (570) 822-1400 or visit our Wilkes-Barre office at 7 Public Square. 

Small Enough to Care, Large Enough to Win.

We also help injured clients in Lackawanna County through our Scranton slip and fall lawyers at our Jefferson Avenue office.

Past results do not guarantee similar outcomes. Every case is different.