Have you or a loved one been injured on someone else’s property due to the property owner’s negligence? Contact The Slocum Firm to schedule a free consultation today. Our Pennsylvania premises liability lawyers can help you get the justice and compensation you deserve for your injuries.

Premises liability laws hold property owners responsible for injuries on their land due to dangerous conditions. Understanding these laws can help you protect your rights and seek justice.

At The Slocum Firm, we’re committed to helping injured victims in Pennsylvania. Our experienced Pennsylvania premises liability lawyers deeply understand the local laws and regulations governing these cases. We’re here to guide you through the legal process and fight for the compensation you deserve.

Whether you’ve suffered a slip and fall accident, a dog bite, or injuries from a dangerous condition on someone else’s property, we can help. Our team will carefully review your case, gather evidence, and negotiate with the insurance company to secure a fair settlement.

Don’t let the insurance company take advantage of you. Contact The Slocum Firm today for a free consultation. We’ll explain your legal options and fight for the justice you deserve.

Overview of Pennsylvania Premises Liability Laws

Under Pennsylvania law, property owners are legally obligated to maintain safe conditions on their property. If they fail to do so, they could be held responsible for injuries sustained by visitors. Whether the injury occurs due to a slip-and-fall accident, dog bite, or inadequate security, the injured party can file a premises liability claim against the negligent party.

In a premises liability case, the injured person must prove that the property owner owed them a duty of care and that the property owner breached that duty, leading to the injury sustained. A premises liability accident can occur in various locations, including swimming pools, stores, or someone’s property, and can be caused by dangerous conditions like inadequate maintenance or security measures.

Key points about premises liability law in Pennsylvania:

• Property owners owe a duty of care to visitors, such as customers, social guests, or even individuals with implied permission to enter the property.
• Property owners must address or warn visitors about any dangerous conditions that could result in injury.

Statutory and Case Law Influences

Both statutory law and prior court decisions or case law influence premises liability laws in Pennsylvania. Statutory law sets the foundation for liability claims by outlining the general duties of property owners, such as maintaining adequate security measures and ensuring that their premises are free from dangerous conditions. On the other hand, case law provides specific examples of how courts have ruled in previous premises liability cases, which helps establish legal precedents.

For example, if a property owner fails to hire security personnel in an area prone to crime and an injury occurs due to inadequate security, prior liability cases could support the injured person’s claim. Similarly, in slip-and-fall accidents, if the property owner knew about a dangerous condition but failed to take action, Pennsylvania courts may find the property owner liable for any injuries sustained.

Comparative Negligence in Pennsylvania

Pennsylvania follows the comparative negligence rule, which plays a significant role in premises liability cases. Under comparative negligence, if the injured party is found to be partially at fault for their injuries, their compensation will be reduced by the percentage of fault they bear.

For example, suppose an injured party files a premises liability claim for a slip and fall accident but is found to be 30% responsible for the fall. In that case, they can still recover damages, but the compensation will be reduced by 30%. This can affect the recovery of economic damages like medical bills, lost wages, and emotional distress.

In Pennsylvania, an injured party can only recover damages if their share of the fault is 50% or less. If the injured party is more than 50% responsible for the premises liability accident, they may be unable to recover compensation.

Key points about comparative negligence in Pennsylvania:

• Their percentage of fault reduces the injured party’s compensation.
• The injured person must be 50% or less at fault to recover damages.
• Comparative negligence applies in many personal injury cases, including premises liability claims.

Types of Visitors Under Pennsylvania Premises Liability Law

In Pennsylvania, premises liability law classifies visitors to a property into three main categories: invitees, licensees, and trespassers. Under the state’s premises liability laws, each category comes with different responsibilities for property owners. 

Knowing the type of visitor is essential because it influences how a property owner may be held liable in a premises liability case.

Invitees

Invitees are individuals who enter someone’s property for a purpose that benefits both the property owner and the visitor, such as customers in a store. Property owners owe the highest duty of care to invitees. 

They must ensure their property is free of dangerous conditions or provide adequate warnings if any hazards exist. If a property owner knew or should have known about an unsafe or defective condition and failed to address it, they could be held responsible for a premises liability claim.

Licensees

Licensees are social guests or individuals who enter a person’s property with the owner’s permission for non-commercial reasons, such as friends or family visiting. 

Property owners owe licensees a lesser duty of care but must still warn them of any known dangers that may not be obvious. If a property owner fails to warn a licensee of a dangerous condition, they might be liable for injuries sustained on the premises.

Trespassers

Trespassers are individuals who enter someone else’s property without permission. Under Pennsylvania law, property owners typically owe no duty of care to trespassers except in certain circumstances, such as when the owner knows about the trespasser’s presence and fails to prevent foreseeable harm. 

Property owners may be held responsible if they fail to take reasonable steps to prevent injuries in cases involving children, like swimming pools or other attractive nuisances.

Types of Compensation Available to Premises Liability Victims Under Pennsylvania Laws

If you’ve been injured on someone else’s property due to a property owner’s negligence, you may be entitled to compensation under Pennsylvania premises liability laws. Understanding the types of compensation available in a premises liability case can help you determine your legal options and what you may recover for the injuries sustained.

Here are some common types of compensation available to premises liability victims in Pennsylvania.

Medical Bills

When a property owner fails to maintain safe conditions, it can result in serious injuries, such as slip and fall accidents, dog bites, or injuries caused by inadequate maintenance or inadequate security. If you suffer an injury sustained due to a property owner’s negligence, you may be able to recover compensation for medical bills, including:

• Emergency room visits
• Hospital stays
• Surgeries
• Prescription medications
• Physical therapy
• Ongoing treatment

These medical expenses can accumulate quickly, making pursuing a premises liability claim essential to cover the costs. An experienced premises liability attorney can help you navigate the legal process to ensure you receive adequate compensation for your medical bills.

Lost Wages

A premises liability accident can lead to injuries that force you to take time off work, affecting your ability to earn income. In Pennsylvania, victims of premises liability cases can recover compensation for lost wages, including the money they would have earned if not for the injury sustained on someone else’s property.

In certain circumstances, if the injury is severe and prevents you from returning to work, you may also be eligible for compensation for lost earning capacity. This compensation helps cover future lost income due to long-term or permanent injuries.

Pain and Suffering

Premises liability claims can also provide compensation for non-economic damages like pain and suffering. This includes physical pain, emotional distress, and mental anguish caused by the injury. For example, if you slipped in an unsafe or defective condition in a store or were harmed by inadequate security measures on someone’s property, you may experience significant emotional distress.

Although pain and suffering are more complex to quantify than medical bills or lost wages, Pennsylvania law allows victims to seek compensation for these intangible losses. Working with an experienced personal injury attorney can help you calculate and pursue the maximum amount for pain and suffering in your premises liability case.

Emotional Distress

Emotional distress is another form of non-economic damage available to victims of premises liability cases. This type of compensation covers psychological issues like anxiety, depression, or post-traumatic stress disorder (PTSD) that result from the incident.

For example, if a property owner failed to provide adequate security and you were harmed in an attack, you could experience lasting emotional trauma.

An experienced premises liability attorney can help establish negligence and prove that the property owner knew or should have known about the dangerous condition that caused the emotional distress.

Property Damage

In some premises liability cases, the injury sustained may also involve damage to personal property. 

For example, if a fall accident causes damage to your phone, glasses, or other belongings, you may be entitled to compensation for these losses. The property owner may be held responsible for the replacement or repair costs of the damaged property.

Loss of Enjoyment of Life

Suppose the injuries sustained in a premises liability accident prevent you from participating in activities you once enjoyed, such as hobbies or spending time with family. In that case, you may be eligible for compensation for the loss of enjoyment of life. This is common in cases where serious injuries, such as those caused by slip-and-fall accidents or dog bites, limit your ability to lead the life you had before the incident.

Defenses in Premises Liability Cases

In premises liability cases, property owners often use several defenses to challenge claims made against them. Two of the most common defenses are the Assumption of Risk and Contributory Negligence. These defenses can significantly impact the outcome of a case, so it’s important to understand how they work.

Assumption of Risk

The defense of the assumption of risk argues that the injured party knew about the dangerous condition on the property and willingly chose to encounter it. In such cases, the property owner may claim they should not be held responsible because the injured person voluntarily accepted the risk of injury.

• Example: A person injured while diving into a swimming pool with a posted “No Diving” sign could be found to have assumed the risk. The property owner could argue that the person knowingly ignored the warning, reducing or eliminating the property owner’s liability.

For this defense to apply, the property owner must prove that the injured person knew the risk and voluntarily proceeded despite the danger. This can be difficult to establish, but it is a valid defense in many premises liability claims under Pennsylvania law.

Contributory Negligence

Another common defense is contributory negligence. This defense argues that the injured party was partly or entirely responsible for their injuries. If the injured party’s actions contributed to the dangerous situation, the property owner may claim they should not be wholly held liable.

• Example: In a slip and fall accident, the property owner may argue that the injured person was not paying attention or ignored visible warning signs about the hazardous condition. The property owner can claim that had the injured party exercised reasonable care, the accident could have been avoided.

Under Pennsylvania’s comparative negligence system, if the injured party is found to be partially at fault, their compensation could be reduced in proportion to their level of fault. If they are more than 50% responsible, they may not be entitled to recover damages at all.

Other Potential Defenses in Premises Liability Cases

In addition to the assumption of risk and contributory negligence, property owners may use other defenses to challenge premises liability claims. These include:

• No Knowledge of Dangerous Condition: Property owners owe a duty of care to ensure their property is reasonably safe. However, if the property owner can prove they had no knowledge of the dangerous condition and could not have reasonably discovered it, they may not be held liable.
• Open and Obvious Doctrine: If the hazardous condition was open and obvious, the property owner may argue that they should not be held responsible because the injured party should have recognized the danger and avoided it.
• Third-Party Liability: The property owner may argue that someone else, such as a contractor or another visitor, was responsible for creating the dangerous condition and that, therefore, the owner should not be held liable.

Contact a Pennsylvania Premises Liability Lawyer

At The Slocum Firm, we understand the complexities of premises liability laws in Pennsylvania. Property owners owe a duty of care to keep their premises safe, and if they fail to do so, they may be held liable for the injuries sustained. 

Our experienced premises liability attorneys can help you navigate the legal process, prove negligence, and recover compensation for medical bills, lost wages, and emotional distress. Contact us at 570-209-7376 for a free consultation today.