Pennsylvania Premises Liability Lawyer

What duty does a Pennsylvania property owner owe me?

It depends on why you were there. Pennsylvania uses the traditional categories of invitee, licensee and trespasser, and the owner's duty grows with the purpose of your visit.

Business visitors, such as shoppers, diners and hotel guests, are owed the highest duty. The owner must inspect for hazards and fix them or warn about them. Social guests are generally owed a warning about hidden dangers the owner knows about. Trespassers are owed far less, although owners cannot act willfully or wantonly, and special rules can protect children.

How does the hills and ridges doctrine affect winter falls?

In Pennsylvania, owners are generally not liable for falls caused by general slipperiness while snow or ice is still falling. To recover in that situation, you usually must show that ice had built up into ridges or elevations that blocked safe travel and that the owner knew or should have known about them.

The doctrine has limits. It generally does not apply when:

• The icy condition came from a localized source, such as a leaking gutter or a broken pipe
• The storm had ended and the owner had time to clear and treat the area
• The owner created the hazard, for example by piling plowed snow where it melts and refreezes across a walkway

This doctrine makes timing critical. Weather records, photos with timestamps, and notes about when the snow stopped can decide whether a claim moves forward.

How does fault sharing work in a Pennsylvania fall case?

Pennsylvania reduces your recovery by your share of fault and bars it if you are more than 50% responsible. Owners often argue you should have watched your step.

Here is an example. Two days after a storm, you fall on a refrozen patch next to a plowed snow pile in a shopping center lot. Your damages are $90,000, including surgery on your ankle. The owner argues you were wearing smooth-soled shoes and assigns you 25% of the fault. If a jury agrees, you recover $67,500. If you were found 55% at fault, you would recover nothing.

Which Pennsylvania properties create special risks?

Casinos, stadiums, shopping malls and big-box stores draw large crowds, and crowded spaces make spills and trip hazards more likely. Parking garages add poor lighting and uneven ramps.

Apartment buildings in older cities often have steep stairs, worn treads and loose railings. Rental properties may have code violations that help show the owner knew of a hazard. Negligent security claims can arise when an assault happens in a garage or common area where the owner knew of prior crime and failed to provide reasonable lighting, locks or guards.

Pennsylvania's recreational use law generally protects landowners who open land to the public for free recreation, but the protection usually does not apply if a fee is charged. Ski resorts, water parks and other paid attractions in the Poconos and elsewhere are judged under ordinary premises rules, though tickets may contain release language worth reviewing.

What if I fell on a public sidewalk or in a public building?

Claims against Pennsylvania government units are limited by immunity laws. Only certain kinds of claims can proceed, such as some dangerous conditions of real estate, streets and sidewalks, and written notice is generally required within 6 months.

Sidewalk cases can be complicated. In many places, the owner of the property next to the sidewalk is primarily responsible for its condition, while a city may have secondary responsibility. Identifying the right party early matters, because public-body claims have a short notice period. Our government and public property injury claims page explains more.

What should I do after a fall in Pennsylvania?

Act quickly to preserve evidence before conditions change.

1. Photograph the hazard, lighting, weather and your footwear.
2. Report the fall to the manager and request a copy of the incident report.
3. Get names of witnesses and employees who saw what happened.
4. Get medical care and keep all records.
5. Send a written request to preserve surveillance video.

Most Pennsylvania premises lawsuits must be filed within 2 years. If a dog attack happened on someone's property, see our dog bites and animal attacks page. General rules are on our Pennsylvania injury law page, and if a fall was fatal, our Pennsylvania wrongful death guide may help. We offer a free case review, with no fee unless we win.