Pennsylvania Slip and Fall Attorneys

What Is Premises Liability in Pennsylvania?

Premises liability is a legal concept that applies when someone is injured due to an unsafe or defective condition on another person's property. These cases fall under personal injury law and are generally based on negligence.

To recover compensation, the injured person (the claimant) must prove that the property owner failed to use reasonable care in the ownership or maintenance of the property. Simply being injured on someone's property does not automatically mean the owner is negligent—the law requires showing that the owner knew or should have known about the unsafe condition and failed to fix it.

Below, we'll break down the key aspects of premises liability law in Pennsylvania.

Determining the Claimant's Status

In Pennsylvania, the duty a property owner owes depends on whether the injured person was a trespasser, licensee, or invitee.

Trespassers

• A trespasser is someone who enters land without permission.

• Generally, landowners owe trespassers little duty of care, except to avoid wanton or willful misconduct.

• However, a higher duty applies to children, even if they are trespassers.

Licensees

• A licensee is someone permitted to enter the property, but not for business purposes (e.g., a social guest).

• Property owners must warn licensees of known dangers that aren't obvious.

Invitees

• Invitees include customers, delivery drivers, or the public invited to a property.

• They are owed the highest duty of care. Property owners must inspect and maintain their property to protect invitees from harm.

Notice Requirement

To succeed in a premises liability case, the claimant must show that the property owner:

1. Created the dangerous condition, or

2. Had actual or constructive notice of it.

• Actual Notice: The owner knew of the condition (e.g., saw it or was told about it).

• Constructive Notice: The condition existed long enough, or occurred frequently enough, that the owner should have known.

Common Types of Premises Liability Cases

Premises liability covers a wide range of accidents, including:

• Slip and fall accidents (snow, ice, spills, uneven surfaces)

• Dog bites and animal attacks

• Negligent security (assaults in poorly lit or unsecured areas)

• Sidewalk or roadway defects

• Swimming pool accidents

• Unsafe elevators or escalators

Special Rule for Snow and Ice: The Hills and Ridges Doctrine

In Pennsylvania, the Hills and Ridges Doctrine limits liability for slip and fall cases caused by snow and ice. Landowners are not required to keep walkways free of snow or ice during an active storm, but they must clear hazards within a reasonable time afterward.

Claimants must prove:

• The snow or ice had accumulated in ridges or elevations that created a hazard.

• The property owner had notice of the condition.

• The accumulation caused the fall.

Defenses in Premises Liability Cases

Property owners may defend themselves using:

• Comparative Negligence: If the injured person was partly at fault (e.g., not paying attention), damages may be reduced.

• Assumption of Risk: If the person knowingly entered a dangerous area, recovery may be limited.

• Lack of Notice: If the owner had no reasonable way of knowing about the hazard, they may not be held liable.

Injuries in Premises Liability Cases

Common injuries include:

• Neck and back injuries

• Broken bones and fractures

• Head and brain injuries

• Spinal cord injuries

• Soft tissue damage

The severity of injuries often impacts the value of the claim.

Who Can Be Liable?

Responsibility may extend beyond just the landowner. Other potentially liable parties include:

• Tenants

• Landlords

• Security companies

• Businesses or third parties who created the hazard

Statute of Limitations in Pennsylvania

Victims of premises liability accidents generally have two years from the date of the accident to file a lawsuit. Failing to file within this timeframe may prevent recovery.

Damages You May Recover

If successful, you may be entitled to compensation for:

• Medical bills (past and future)

• Lost wages and reduced earning capacity

• Pain and suffering

However, damages may be reduced if you were partly at fault under Pennsylvania's comparative negligence law.

Contact Sklarosky Law Today

Premises liability cases in Pennsylvania can be complex, and insurance companies will often fight to deny claims. At Sklarosky Law, we help injured clients throughout Northeastern Pennsylvania pursue the compensation they deserve.

Call us today at (570) 283-1200 or use our online contact form for a free consultation.