Premises Liability Law in Pennsylvania

slippery warning sign on wooden post
July 5, 2019
Legally Reviewed By Attorney Rand Spear, Esq.

All property owners in the state of Pennsylvania are required to look after their grounds and make sure they are safe. This is so that others who come onto their property cannot become injured due to poor conditions. Unfortunately, this is not always the case and accidents happen due to hazardous property conditions. These accidents can cause serious injuries that lead to physical, emotional, and financial burdens.

When a person is a victim to a personal injury accident on another party’s property, they often wish to hold the owner responsible for negligence. This can be done with a premises liability claim. Through this lawsuit, the injured party may be able to receive compensation for any damages that stem from the accident.

Case Examples

Properties can become dangerous when the owner does not maintain it. There are many ways a person can become injured due to poor property conditions. Situations that are covered under premises liability law in Pennsylvania can include:

  • Slip and fall accidents
  • Dangerous conditions
  • Defective security
  • Inadequate maintenance
  • Poor weather conditions
  • Inadequate lighting

Duty of Care

When pursuing a premises liability lawsuit, the injured party must understand who owns the property and why they are responsible for the injuries. Property owners have a legal obligation to make sure their grounds are safe and cannot cause injury to others. This duty of care is owed towards the general public, regardless of whether they are an invitee or a licensee. An invitee is a person invited onto the property for business or commercial reasons. A licensee is a person who came onto the property for non-business or non-commercial reasons.

It is important to know that there are situations in which a property owner may even owe a duty of care to a person trespassing on their grounds. If a property owner is aware of their presence, they are legally required to inform the trespasser of any hazardous conditions that may cause them harm.

Proving a Case

In order to be successful in their lawsuit, the injured party must prove the property owner was negligent. To do this, they must show that the party was responsible for maintaining the grounds on which they were injured and failed to do so. In addition to this, they are required to prove that the accident and their injuries were a direct result of the property owner’s negligent behavior. Evidence that may be used to prove a claim can include pictures of the property, medical documentation of the injuries, and any witnesses to the accident.

Contact our Firm

If you or a loved one has been in a personal injury accident in Pennsylvania, it’s important that you contact an experienced Philadelphia personal injury attorney to help you with your case. Contact Spear Greenfield to get the right attorney in your corner.