Now that winter is almost here, it is worthwhile to think about what to do if you are injured as a result of slipping and falling on ice. It is very important in this situation to immediately take photographs of the dangerous condition. Unlike other dangerous conditions that can cause injury, all evidence of dangerous, icy walkways, parking lots, or stairways starts disappearing as soon as the temperature rises above freezing. For this reason, it is essential to take photographs of the site where you fell immediately, if you suspect that you may have been injured. If you are unable to take the photographs yourself, ask a friend or co-worker to visit the site to obtain photos.

​Many times, your initial reaction will be that you are fine. That is, of course, until you wake up the next morning after your injuries have had a full night of swelling. On top of this, you did not take photos immediately following your fall. All might not be lost. In this situation, the sooner someone heads back to the location where you fell, the better the chances that you will be able to gather photographic evidence to support your claim that the landowner failed to take reasonable steps to remove or treat dangerous conditions.

We reported on a case a few months ago that demonstrates the importance of taking photographs right away. In that case, a police officer was investigating an incident at a home.  He slipped on ice in the driveway and broke his leg. A fellow officer took plenty of photographs to document the condition of the driveway and at the home soon after the officer fell. The photos clearly showed the ice on the driveway at the location where the officer fell. In particular, the photos showed the location of a downspout that emptied water onto that location and caused the ice to form. This evidence was critical as it showed why there was ice in a location one would not expect ice to form. The photos of the downspout did one more thing – they showed that the homeowner could have easily prevented the ice, and the injury, by re-directing the meltwater from the downspout away from the driveway. On the strength of these photographs we were able to convince the homeowner’s insurance company to provide full and fair compensation for the officer’s injuries.


– Paul Johnson, Esq.

I have been very fortunate to have traveled abroad on a number of occasions.  I always make a point to chat up the locals when I travel and learn more about their country and lives.  For example, on the same days I saw beautiful vineyards or pristine beaches and blue water, I learned from locals how hard it is to get good healthcare, potable drinking water, a decent job, an education, the rampant poverty, the crime and other social problems hidden beyond the view of the typical tourist.  As a country we may not be perfect, but we are without question the best country to live in and raise a family, which is something we should all give thanks for.

​I have been privileged to represent and have gotten to know so many police officers across the Commonwealth.  They epitomize everything I would want in a police officer protecting my family and me:  professional, dedicated, and truly caring about their community.  Every day at work I read actual police reports which reflect their brave, unselfish and professional approach to protecting us while preserving the rights of those they confront.  We rarely read about these incidents because they don’t seem to be newsworthy.  It pains me to see the recent and increasing violent attacks on police across this country. It is a tragedy. What is happening now is unacceptable.  This cannot continue and become a norm.  We all must work to reverse this.

When we hear a report of an incident involving alleged misconduct by the police, we need to remind ourselves and others to be patient.  We must wait until all the facts are in.  We need to be reminded the officer involved is a witness.  The officer typically is not free to tell their side of the story until the appropriate time as the justice system and any associated investigation run their courses. We must be mindful there are always two sides to a story.  Our police daily do good deeds and good work done so consistently that it is taken for granted and goes unmentioned.  It would be great if the media would spend more time reporting on this good work to prevent a distorted view of our dedicated police.

We all have a stake in supporting our police and reversing the dangerous trend of attacking those who bravely and unselfishly protect us day in and day out.  On this Thanksgiving, we can start saying “thank you for your service” the next time we see a police officer on the street or at a local store.  I’ll bet you will find, like I have, the officer will react with surprise or profound appreciation.  The reaction you will get will likely be heartwarming.  The officer’s reaction may also give you a glimpse of the daily stress these officers live under, as a result of the threat of violence against them and the distorted image of police being portrayed at times by some in the media and some leaders.

In the words of Bruce Springsteen, let’s all remember “We take care of our own.”  On this Thanksgiving holiday, let’s give thanks for living in the best country in the world and let each one of us start taking positive steps to support and show appreciation for our local police.

Happy Thanksgiving!

– Steven Ballin, Esq.