Pennsylvania Premises Liability Attorneys

Serving the Injured in Carlisle, Hanover, Harrisburg, Lancaster, Schuylkill County & York, PA

FACT: Property owners in Pennsylvania have a legal duty to take reasonable steps to maintain safe conditions and warn visitors of known hazards on their premises.

In Pennsylvania, if you were hurt while on someone else’s property or premises, you may be eligible to file a personal injury claim to recover financial compensation. That is because individuals or businesses responsible for maintaining a property can be held liable for preventable injuries if they fail to address hazardous conditions. Filing a claim can help cover medical expenses, lost wages, and other damages.

Common examples of premises liability cases include:

• Slip and fall accidents
• Dog bites and animal attacks
• Amusement park accidents
• Snow and ice accidents
• Sexual assault on premises
• Drowning accidents
• Hotel or motel liability

The Pennsylvania premises liability lawyers at Handler, Henning & Rosenberg LLC have years of experience representing personal injury victims. Since 1922, we have tenaciously advocated for our clients and have achieved millions in compensation during this time. Our objective is to help our clients experience a safe, secure future and be able to move on from their current circumstances. Our long-standing presence in Central Pennsylvania underscores our commitment to the community and those seeking justice through legal avenues.

Call (888) 498-3023 for more information about your case. We offer free case evaluations!

Understanding Dangerous Premises Conditions

All people have a reasonable expectation of safety whenever they visit public or private land. Broadly speaking, all property managers are obligated to prevent defects or harmful conditions whenever possible. If the condition of the store, apartment complex, office, mall, restaurant, etc., is unsafe, the owner may be liable for accidents that occur. The claim made by victims of these accidents is that the premises manager knew or should have known about the defect and, by doing nothing, allowed harm to visitors or tenants.

Situations that can lead to a premises liability lawsuit include the following:

• Slippery or ice-covered floors
• Broken stairs
• Missing railings
• Poor lighting
• Loose carpet
• Malfunctioning equipment
• Uneven sidewalks
• Negligent security

Understanding the different types of hazardous conditions can be crucial in identifying potential cases. For example, under Pennsylvania law, property owners are typically responsible for clearing accumulated ice and snow within a reasonable timeframe after a storm. However, under the Hills and Ridges Doctrine, liability generally does not apply unless the owner fails to take reasonable action after snowfall has ended. 

Limitations in Pennsylvania Premises Liability Cases

Premises liability laws are a vital part of every state's code of ethics concerning the duties of property owners. These laws grant citizens the right to a safe visit to another entity's property. When a civilian is injured on someone’s property, they can seek compensation for their injuries due to premises liability rules. While the goal of the law is to protect citizens injured by a hazard, there are limitations to what these rules can achieve. For instance, state-specific legal standards can impact the burden of proof owed by the plaintiff in such cases.

Limitations of Negligence in Premises Liability Cases

In premises liability cases based on negligence, the plaintiff must prove four elements:

• The property owner had a duty of care to the injured.
• The owner knew about or should have known about the hazard that caused the accident.
• The property owner failed to remedy the dangerous condition.
• The breach of duty was a direct cause of injury.

As all four elements need to be proven, there are limitations that get in the way. For example, property owners in Pennsylvania generally do not owe a duty of care to trespassers, except in cases involving willful misconduct or hazards that attract children, such as swimming pools (attractive nuisance doctrine). In some situations, a premises liability lawsuit may unravel because the defendant can prove they were unaware, and had no way of knowing, of the hazard that caused the accident. In other cases, a plaintiff may have been injured while on the premises, but the direct cause is shown to be something else other than the stated hazard. Additionally, the property owner may be able to prove they were trying to remedy the dangerous condition when the injury occurred. Any one of these scenarios can throw out a premises liability lawsuit.

Limitations of Strict Liability Claims in Pennsylvania

In Pennsylvania, most premises liability cases require proving negligence, meaning the injured party must show that the property owner failed to maintain safe conditions. Strict liability does not generally apply to standard premises liability cases; however, strict liability may be relevant in limited situations, such as cases involving dangerous animals or ultrahazardous activities conducted on the property. For example, if a property owner keeps a dangerous exotic animal, such as a tiger, and the animal injures a visitor, the owner may be held strictly liable, regardless of whether they took precautions. Similarly, if a business conducts activities involving explosives, liability may be imposed without needing to prove negligence.

Strict liability does not typically apply to man-made hazards set intentionally, such as traps for trespassers—though such actions may lead to other legal claims. In most premises cases, plaintiffs must still demonstrate that a property owner failed to take reasonable safety measures rather than relying on strict liability principles. Additionally, the nature of the property and its intended use can affect the legal standard applied. Property owners generally owe a higher duty of care in public spaces or businesses than in private residences. However, strict liability is rarely a factor in premises liability cases, making it essential for injured parties to understand the nuances of Pennsylvania negligence laws when pursuing compensation.

Comparative Negligence & Statute of Limitations in Premises Liability

Two other limitations can affect premises liability lawsuits:

• Comparative Negligence: Under Pennsylvania’s modified comparative negligence rule, an injured party can recover damages as long as they are not more than 50% responsible for the accident. If they are found to be 51% or more at fault, they cannot recover compensation.
• Statute of Limitations: The statute of limitations for most premises liability claims is two years from the date of the injury. However, exceptions may apply, such as for minors or injuries discovered later.

The doctrine of comparative negligence necessitates a thorough assessment of each party's actions involved in the incident. Plaintiffs should be prepared to demonstrate not only the extent of the property owner's liability but also how their actions were prudent and reasonable in the given circumstances.

Pennsylvania Premises Liability Lawyers with 1000s of Claims Filed

Since 1922, Handler, Henning & Rosenberg LLC has been responsible for thousands of successful claims. We've held some of the toughest defendants accountable for their actions, winning tens of millions. Our first priority is ensuring our clients get the money they need for medical care, lost income, and financial stability. With extensive local knowledge and resources, our firm is uniquely positioned to handle complex and challenging premises liability situations effectively, bringing clients peace of mind during the legal process.

If your case meets the following criteria...

• A dangerous condition caused your injury or loss
• The property owner knew about the condition (or should have known)
• The property owner did nothing to solve the issue
• Your injury was serious and predictable

...then our firm wants to help you get justice and find the relief you need.

As one of the largest firms in the area, we can handle any complex premises liability case. Our team investigates claims thoroughly and effectively, allowing us to uphold our clients’ rights in court or in settlement negotiations. We pride ourselves on staying abreast of the latest legal precedents and trends to offer informed and strategic advice tailored to each client's unique situation.

Contact Handler, Henning & Rosenberg LLC to request your free case evaluation.

Frequently Asked Questions About Premises Liability

What Constitutes a Premises Liability Claim in Pennsylvania?

A premises liability claim in Pennsylvania arises when an individual is injured due to a hazardous condition on someone else's property. To form a claim, the injured party must demonstrate that the property owner was negligent in maintaining safe conditions or failed to warn of known dangers. Key elements include establishing that the property owner had a duty of care, this duty was breached, and the breach directly led to the injury. Whether the incident involves a slip and fall on icy steps or an injury from a falling object, the specifics of each case will influence the strategy and potential for recovery.

How Do Pennsylvania's Premises Liability Laws Differ from Other States?

Pennsylvania's premises liability laws distinguish visitors and the specific duties owed to each group. Unlike some states that broadly apply a general duty of care, Pennsylvania differentiates between invitees, licensees, and trespassers, assigning varying levels of responsibility to property owners based on these classifications. This approach necessitates a precise assessment of the victim's visitor status during the accident to determine liability. In addition, local ordinances within Pennsylvania can impose more rigorous safety standards on property owners, especially in densely populated urban areas.

What Role Do Weather Conditions Play in Premises Liability Claims?

Weather conditions can significantly impact premises liability claims in Pennsylvania, particularly when considering the state's varied climate with its snowy winters and rainy seasons. Property owners must address weather-induced hazards like icy walkways or waterlogged entryways within a reasonable timeframe to ensure visitor safety. However, liability is not automatic; it requires proving that the property owner failed to take reasonable steps to mitigate these conditions. Courts often assess whether the property owner adhered to local snow removal ordinances and whether they acted promptly.

Can a Tenant Sue Their Landlord for Premises Liability?

Tenants in Pennsylvania can hold landlords accountable under premises liability for injuries sustained due to unsafe conditions in the leased property. Landlords are typically responsible for ensuring common areas such as hallways and staircases are maintained safely. However, tenant responsibility might limit such claims if the tenant contributes to the hazardous condition or fails to report known deficiencies. Each situation is unique, requiring a detailed evaluation of lease agreements, communication records, and the circumstances surrounding the injury to ascertain the viability and scope of a prospective claim.