Premises Liability Lawsuits in Pennsylvania: Do I Have a Case?

Premises liability is a legal framework that holds property owners accountable for maintaining safe conditions on their premises. In Pennsylvania, individuals who sustain injuries due to hazardous property conditions may have grounds for a premises liability lawsuit. From slippery floors to poorly maintained stairways, understanding your legal rights and responsibilities is important to pursuing compensation.

What Is Premises Liability?

Under Pennsylvania law, premises liability ensures property owners take reasonable steps to prevent harm to those entering their property. The law applies differently depending on the visitor's classification:

• Invitees: These are individuals invited onto the property for a business-related purpose, like customers shopping at a store. Property owners owe the highest duty of care to invitees, ensuring regular inspections and maintenance.
• Licensees: People allowed on the property for social purposes, such as guests at a private residence. The owner must warn them about any known, non-obvious hazards.
• Trespassers: Individuals entering the property without permission are owed limited care, except in cases involving children or intentional harm.

Common Scenarios for Premises Liability Claims

Premises liability cases cover a variety of incidents. Here are some of the most frequent examples:

• Slip and Fall Accidents: Injuries caused by wet floors, icy pathways, or uneven surfaces.
• Dog Attacks: Owners may be liable if their dog injures someone, especially if the animal has a history of aggression.
• Inadequate Security: If poor lighting, lack of surveillance, or insufficient security measures contribute to an assault, the property owner may be responsible.
• Unsafe Buildings: Issues such as faulty wiring, broken stairs, or failure to meet building codes.
• Swimming Pool Accidents: These often involve drownings or injuries due to lack of fencing or safety equipment.

How to Determine If You Have a Case

To succeed in a premises liability lawsuit, you have to demonstrate the following elements:

The Existence of a Dangerous Condition

The property had a hazardous condition that posed a risk to visitors, such as an unmarked wet floor or exposed wiring.

Owner Awareness

The property owner either knew or should have reasonably known about the hazard but failed to address it. Evidence of neglect, like missed maintenance reports, can support this claim.

Negligence

You must show the property owner failed to take appropriate measures to correct or warn against the danger.

Injury Caused by the Hazard

The hazardous condition must be linked to your injuries. Medical records, photographs, and witness accounts can strengthen your claim.

Pennsylvania's Comparative Negligence Rule

In Pennsylvania, the comparative negligence system determines how fault is shared between parties. If you are partly responsible for your injury, your compensation may be reduced proportionally. For example:

• If the court finds you 30% responsible for ignoring a posted warning sign, your damages will be reduced by 30%.
• If you are more than 50% responsible, you cannot recover compensation under state law.

Statute of Limitations for Filing a Claim

Premises liability lawsuits in Pennsylvania must be filed within two years of the incident. Missing this deadline will jeopardize your ability to recover damages, regardless of the case's merits. Prompt legal action ensures evidence and witness accounts remain intact.

Key Actions to Take After an Incident

To strengthen your case, follow these steps immediately after the incident:

Document the Scene

Use photos and videos to capture the hazard that caused your injury. Include details like lighting, weather conditions, and surrounding signage.

Report the Incident

Notify the owner or manager and request a written incident report.

Gather Evidence

Collect witness statements and, if available, surveillance footage.

Seek Medical Attention

Even minor injuries should be assessed by a healthcare provider. Medical records serve as vital evidence.

Consult an Attorney

An experienced premises liability lawyer can help you with the legal complexities and fight for fair compensation.

Common Defenses Used in Premises Liability Cases

Property owners often rely on these arguments to dispute claims:

• No Knowledge of Hazard: The owner can argue they were unaware of the hazard and had insufficient time to address it.
• Open and Obvious Condition: If the dangerous condition was easily visible, the owner may contend they are not responsible for injuries.
• Shared Fault: Claiming the injured party was negligent, such as by ignoring warning signs, is a common defense.

Statistics Highlighting the Scope of Premises Liability

• Slip and Falls: According to the CDC, over 1 million Americans suffer slip-and-fall injuries annually, making it a leading cause of nonfatal injuries.
• Dog Bites: The Insurance Information Institute reports that dog bite claims accounted for more than $880 million in liability payouts nationwide in 2022.
• Workplace Premises Hazards: OSHA reports that over 30% of workplace injuries are caused by slip-and-fall incidents, underscoring the importance of safe premises.

Unique Insights for Pennsylvania Residents

• Property owners in Pennsylvania are expected to adhere to local building codes, which vary by county. Violations, such as inadequate handrails or improper signage, can strengthen your case.
• Pennsylvania's harsh winters mean property owners must promptly address snow and ice on walkways. Failure to do so is a common cause of slip-and-fall lawsuits.

Conclusion

Determining whether you have a premises liability case in Pennsylvania hinges on establishing negligence and proving the property owner's failure to keep safe conditions. From gathering evidence to navigating comparative negligence laws, building a strong claim requires diligence and professional guidance. Consulting an experienced attorney can help you evaluate the merits of your case, advocate for fair compensation, and ensure your rights are protected. 

Need Legal Help? Brandon J. Broderick, Attorney at Law is One Phone Call Away

Navigating Pennsylvania Premises Liability claims can be challenging. Fortunately, you don't need to do it alone. The experienced lawyers at Brandon J. Broderick, Attorney at Law, are available 24/7 to help you understand your legal options, gather necessary evidence, and build a strong case to secure the settlement you deserve.

Contact us now for a free legal review.