Lackawanna County Court Denies Summary Judgment in Slip and Fall Case Against Dollar General
In a recent ruling out of Lackawanna County, the Court denied a Motion for Summary Judgment filed by DolGenCorp, LLC (Dollar General) in a premises liability case involving a slip and fall incident. The decision allows the plaintiff, to proceed with her negligence claim stemming from an incident that occurred in the vestibule area of a Dollar General store in April 2022.
Slip and Fall Case Background
The plaintiff filed suit after she slipped and fell near the store’s entrance, allegedly due to water accumulation that had not been properly maintained or warned against. Dollar General sought summary judgment, arguing that they lacked actual or constructive notice of the dangerous condition and that the condition was open and obvious to the plaintiff.
Key Legal Takeaways
Judge Terrence R. Nealon ruled that genuine issues of material fact remain regarding:
Whether the vestibule’s wet condition posed an unreasonably dangerous hazard.
Whether Dollar General had actual or constructive notice of the condition.
Whether the danger was open and obvious, and whether Dollar General had a duty to address it despite its visibility.
Because of these unresolved factual questions, the Court determined that the matter must proceed to trial, where a jury will ultimately decide liability.
Implications for Premises Liability in Pennsylvania
This case underscores the importance of proper maintenance and monitoring of commercial property—especially entryways where weather conditions can create hazards. Retailers must ensure they take proactive measures to reduce the risk of slip and fall injuries and cannot rely solely on the “open and obvious” defense when injuries occur on their premises.
Need Legal Help After a Slip and Fall Incident in Pennsylvania?
If you or a loved one has been injured due to unsafe conditions at a business or property, the legal team at Pisanchyn Law Firm can help. Contact us today for a free consultation.
