Apartment Slip & Fall

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Case Summary: There was an alleged slip and fall accident on the sidewalk along a road in front of apartment buildings.  An expert witness subsequently retained by DJS Associates to determine the location of the sidewalk with respect to the apartment property.

Expert Analysis: The purpose of the investigation was to determine if the sidewalk was located on the apartment property.

The scope of the investigation included the following:

• An examination and plotting of existing deeds of record for the property.
• On-site field measurements to verify the width and location of the sidewalk (see attached plan)
• Photographs were taken to document the location of the concrete sidewalk along the road.

A review of the following we also conducted:

• The deed for the property.
  • ALTA/NSPS Land Title Survey Plan
  • Court Documents
  • Philadelphia County Documents
  • Aerial photography showing location of sidewalk along the road of the apartment buildings
  • Photographs showing location of accident

Result: A review of the deed clearly stated that the apartment property ran along the right-of-way of the road of the apartment buildings.  The sidewalk is located within the 100-foot right-of-way of the road and was part and parcel of the street infrastructure.  Therefore, the five-foot-wide concrete sidewalk is not located on the apartment property.  The said sidewalk was located within the 100-foot right-of-way of the road.