Apartment Slip & Fall

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.
Edward A. Schlaner, Jr., P.E.
Professional Land Surveyor
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