Premises Liability Lawyers in Pennsylvania: When a Property Owner Is Responsible

Falls, inadequate security, dangerous conditions and code violations on somebody else property.

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Kenneth R. Schuster, founding member of Schuster Law
Kenneth R. Schuster Founding Member. Practicing in Delaware County since 1982.

A premises case turns on two questions: what your legal status on the property was, and whether the owner knew or should have known about the hazard. A customer is owed a duty of reasonable inspection. A social guest is owed less. Proving how long the danger existed is usually the whole fight.

Your status decides the duty owed to you

Status Who What the owner owes you
Invitee Customers, tenants, anyone there for the owner’s business The highest duty, including reasonably inspecting for hazards you would not find yourself
Licensee Social guests Warning of known dangers. No duty to inspect
Trespasser Present without permission Very little, though children are treated differently under the attractive nuisance rule

Most of the cases we take are invitees, and the inspection duty is why constructive notice is provable at all: a business that is required to look cannot rely on not having looked.

What these cases are usually about

  • Falls on spills, ice, broken pavement, unmarked level changes and poor lighting.
  • Stairs and railings that do not meet code. Riser height, tread depth and handrail requirements are written down, and a measured violation is powerful evidence.
  • Inadequate security, where an assault was foreseeable because of prior incidents and the owner did nothing about lighting, locks or staffing.
  • Falling merchandise in warehouse format stores.
  • Swimming pools, including unfenced pools and the attractive nuisance rule where children are involved.
  • Dog bites on the owner’s property, which have their own rules.

Landlords and tenants

People assume the landlord is automatically responsible. Usually they are not for the interior of a leased space, where control has passed to the tenant. Landlords are commonly responsible for common areas, for hazards they knew about before the lease began, and for repairs they undertook and did badly.

Where a commercial lease allocates responsibility for sidewalks and parking areas, that document often decides who you are actually suing. It is worth getting early.

Government property is a shorter clock

A fall at a municipal building, a school, a SEPTA station or on a township sidewalk usually requires written notice within six months, and sovereign and governmental immunity limit which claims can proceed at all. There are recognized exceptions, including for real estate and sidewalks, but this is the category where waiting is fatal.

What decides these cases

Duration and documentation. How long the hazard was there, whether anyone reported it before, whether an inspection log exists and what it says, and whether the video still exists when we ask. That is why the useful advice is always the same: report it in writing before you leave, photograph it before it is cleaned up, and call quickly.

The attorneys who handle these cases

Every one of these bar numbers is searchable on the Pennsylvania Disciplinary Board register. The person who takes your call is the person at your hearing.

Questions people ask us about this

What do I have to prove in a premises liability case?

That the owner created the hazard, actually knew about it, or should have known because it had been there long enough that a reasonable inspection would have found it. You also have to establish your legal status on the property, because a customer is owed considerably more than a social guest.

Is the landlord or the tenant responsible?

Usually the party in control. For the inside of a leased business, that is normally the tenant. Landlords are commonly responsible for common areas, for dangers that existed before the lease, and for repairs they took on and did badly. The lease itself often settles who you are suing.

I was hurt on city or SEPTA property. Is that different?

Yes, and it is urgent. Claims against government bodies generally require written notice within six months, and immunity rules limit which claims can proceed. There are exceptions covering real estate and sidewalks, but this is the category where delay ends cases outright.

The hazard was obvious. Does that end my claim?

Not automatically. Pennsylvania reduces recovery by your share of fault and bars it only above 50 percent. Whether a danger was genuinely open and obvious is arguable, especially where lighting, layout or displays drew attention elsewhere, and an owner can still be liable where they should have anticipated harm despite the obviousness.

I was assaulted at a business. Can I sue the property owner?

Sometimes, under inadequate security. The question is foreseeability: whether prior incidents at or near the property put the owner on notice, and whether reasonable measures such as lighting, locks, cameras or staffing would have prevented it. Police call history for the address is often the starting point.

How long do I have?

Generally two years in Pennsylvania, and six months' written notice for government property. Practically, the more important clock is the surveillance video, which is often overwritten within 30 days.

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Tell us what happened. A named attorney reads every one, and you pay nothing unless we recover for you.

Step 1 of 2: what happened

Two questions in, and nothing about you yet. Free, and it does not commit you to hiring us.

Would rather talk now? (610) 601-2980