Schemery Zicolello

Pennsylvania slip-and-fall case moves to federal court

A Pennsylvania woman who was involved in a slip-and-fall accident has sued the casino where she fell. That suit has now been removed from Pennsylvania state court to a federal district court. In this case, the woman says she was walking up an incline made of cobblestone at a casino. While walking, she fell and sprained her ankle. As a result of the fall, the woman says that she has suffered physical pain and has been unable to participate in some of her recreational activities. She also claims to have trouble completing daily tasks. As a result of the fall and her injuries, the woman has spent money on medical attention.

Therefore, she sued the casino on a number of premises liability grounds including, failing to properly maintain the casino floor, failing to warn patrons of the defect on the premises, negligently causing the dangerous condition to exist and for other negligence.

Recently, the casino -- which is located in a state outside of Pennsylvania -- has asked that the case be removed to federal court. The casino argued that since the plaintiff and the defendant were from different states and the damages were likely over $75,000 the case should not be heard in state court. The court agreed and removed the case to the federal court in Philadelphia. Therefore, the slip-and-fall case will move forward there.

Premises liability cases, like this one, are based on the theory that property owners are responsible for making sure their property is safe. This means that they are responsible for ensuring that people are not hurt because they have negligently maintained the property. Therefore, property owners who are found negligent may have to pay for damages including medical expenses, lost wages and pain and suffering.

Source: The Pennsylvania Record, "Casino slip-and-fall suit removed from Phila. Common Pleas Court to federal venue," Jon Campisi, Sept. 19, 2013

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