What Are Philadelphia’s Premises Liability Laws?

Philadelphia property owners and businesses have a duty to address dangerous conditions on their premises and keep guests safe from those hazards. When they fail to do so and a visitor gets hurt, the injured guests may have grounds for a premises liability claim.

Common Types of Premises Liability Accidents

Premises liability claims can arise in any public or privately owned place. These cases are not limited to slips and falls. They can arise whenever an unsafe property condition causes an injury.

Common examples include:

• Slips on wet floors
• Falls caused by broken stairs or missing handrails
• Trips over uneven flooring
• Falling merchandise or building materials
• Elevator accidents
• Fires caused by defective wiring or code violations
• Swimming pool accidents
• Assaults related to inadequate lighting, locks, or security
• Injuries caused by structural defects

An accident alone does not establish negligence. The injured person must connect the condition to the owner’s failure to use the level of care required under the circumstances.

Premises Liability Law Is Based on Visitor Category

Pennsylvania determines a property owner’s duty partly by classifying the visitor as an invitee, licensee, or trespasser. The categories remain firmly recognized under Pennsylvania premises liability law.

Invitees

Invitees enter the property for a purpose connected to the owner’s business or because the property is open to the public. Customers and patrons are common examples.

Property owners owe invitees the highest duty of care. They must take reasonable steps to inspect the premises, discover hazards, and correct or warn of unsafe conditions. To establish liability, an invitee generally must show that the owner knew about a dangerous condition or should have discovered it through a reasonable inspection.

Licensees

A licensee enters property with permission but primarily for their own purposes. Social guests are the typical example.

The owner generally must warn a licensee about concealed hazards the owner knows about or has reason to know about. Unlike the duty owed to an invitee, this duty does not ordinarily require the owner to inspect the property for unknown dangers before the licensee arrives.

Trespassers

Trespassers enter without permission or legal authority. A property owner generally does not owe a duty to keep the premises safe for a trespasser. The owner must still avoid deliberately injuring the trespassers. Additional rules may apply for child trespassers if the property features a dangerous feature that is likely to attract children. Swimming pools offer one example. In this case, a property owner may be required to fence in or otherwise block off the feature.

What Compensation Is Available Under Pennsylvania’s Premises Liability Laws?

Premises liability law allows injured guests to recover compensation for multiple types of damages after an injury on another party’s property.

These generally break down into the following economic and non-economic categories:

• Medical bills
• Future medical treatment
• Rehabilitation
• Assistive equipment
• Lost wages
• Reduced earning capacity
• Pain and suffering
• Emotional distress
• Scarring or disfigurement
• Permanent disability
• Loss of enjoyment of life

A Philadelphia premises liability lawyer can help you determine what your claim is worth and identify the property owner and other parties who bear liability for your injuries. Call (215) 569-0200, Rosenbaum personal injury lawyers for a free consultation to learn more.