Property owners in Pennsylvania have a legal obligation to maintain safe environments for visitors. Whether a person is on private property or a commercial space, the owner must ensure that no hazardous conditions exist that could cause harm. When an individual is injured due to unsafe conditions on someone else’s property, the injured party may be able to file a personal injury claim to seek compensation for medical bills, lost wages, pain, and suffering.

In Pennsylvania, property owners who fail to address hazardous conditions may be held accountable under premises liability law. This post will examine how property owners can be held responsible for unsafe conditions and what injured individuals can do to pursue a claim.

What Constitutes an Unsafe Condition?

Unsafe conditions on a property can vary widely, but they all pose a risk to people who enter the space. Some common examples of hazardous conditions that may lead to personal injury claims include:

1. Slippery Floors: Wet or oily floors in stores, restaurants, or other businesses can cause customers to slip and fall.
2. Broken Staircases: Worn-out stairs or damaged handrails can lead to serious falls, especially in residential or commercial buildings.
3. Poor Lighting: Insufficient lighting in parking lots, stairwells, or walkways can cause accidents, as people may not see potential hazards.
4. Unmarked Hazards: Property owners are required to warn visitors about potential dangers, such as uneven sidewalks or construction zones. Failing to provide such warnings could lead to injury.
5. Debris or Clutter: Items left in walkways, hallways, or other high-traffic areas can cause tripping hazards.
6. Neglected Maintenance: Lack of repairs or routine maintenance of a property, such as plumbing leaks or roofing issues, may create dangers that could lead to injury.

Understanding Premises Liability Law in Pennsylvania

Under premises liability law in Pennsylvania, property owners are legally responsible for injuries caused by dangerous conditions on their property. However, not all property visitors are treated equally under the law. The legal duty of the property owner depends on the status of the individual visiting the property.

Pennsylvania classifies visitors into three main categories:

1. Invitees: These are individuals who are invited onto the property for business purposes, such as customers in a store or clients at a commercial building. Property owners owe the highest duty of care to invitees, ensuring that the property is free from hazards and that any known risks are addressed.
2. Licensees: These individuals are on the property for social reasons or their own benefit, such as friends visiting a homeowner. Property owners are required to warn licensees of known hazards but do not have to ensure the property is entirely free from danger as they would for invitees.
3. Trespassers: Trespassers are individuals who enter the property without permission. Property owners do not have an obligation to protect trespassers from dangerous conditions, although they cannot set traps or act with reckless disregard for their safety. However, if the trespasser is a child, the property owner may still be liable if the child is injured by an attractor or hazard (like an unsecured swimming pool).

How Property Owners Are Held Accountable for Unsafe Conditions

If an unsafe condition exists on a property and someone is injured, the injured party may be able to file a claim for compensation. However, to hold a property owner accountable, certain factors must be proven:

1. Knowledge of the Hazard: Property owners must be aware of the unsafe condition for which they are being held liable. There are two ways to establish knowledge:
   • Actual Knowledge: The property owner knew about the hazard but failed to address it.
   • Constructive Knowledge: The owner should have known about the hazard if they had been reasonably diligent in inspecting the property. This may include situations where the dangerous condition had been present for a long time.
2. Failure to Repair or Address the Condition: Once a property owner is aware of an unsafe condition, they are expected to either repair it or take steps to prevent harm. If they fail to do so, they may be held liable for any injuries that occur due to the condition.
3. Negligence: In many premises liability claims, the property owner’s actions (or lack of action) are deemed negligent. Negligence can include failing to fix broken steps, not properly warning visitors about dangers, or not maintaining the premises according to standard safety protocols.

Proving Your Case

If you’ve been injured due to an unsafe condition on someone’s property, you must gather evidence to support your claim. The following evidence can help prove the property owner’s responsibility:

1. Photographs of the Hazard: Document the condition that caused your injury. Take photos of the area where the accident occurred, especially if the hazard is something that can be fixed (like a broken step or wet floor).
2. Medical Records: Keep a record of your injuries and medical treatment. This can demonstrate the severity of your injury and how it was caused by the unsafe condition.
3. Witness Statements: If anyone witnessed the accident, their testimony can be valuable in supporting your claim. It can also help show that the condition existed before the injury occurred.
4. Maintenance Records: If the property owner failed to maintain the property or make necessary repairs, these records can be helpful in proving negligence.
5. Prior Complaints or Reports: If other individuals have complained about the same unsafe condition, it may be possible to show that the property owner had prior knowledge of the hazard.

Compensation for Injuries Due to Unsafe Property Conditions

If you are successful in your premises liability claim, you may be entitled to compensation for the injuries you sustained. This compensation can cover:

1. Medical Expenses: Any treatment related to your injuries, including hospital bills, therapy, surgeries, and medication.
2. Lost Wages: If you missed work due to your injuries, you may be compensated for the wages you lost.
3. Pain and Suffering: This includes compensation for the physical and emotional distress caused by the accident and injury.
4. Property Damage: If your personal property was damaged in the accident, such as a broken phone or glasses, you may be able to recover those costs.
5. Disability or Permanent Injury: If your injury leads to permanent disability, you may be entitled to long-term compensation for ongoing care, lost earning capacity, and other related expenses.

Conclusion

Property owners in Pennsylvania are required to maintain safe premises for visitors. When they fail to do so and someone is injured as a result, they can be held accountable under premises liability laws. If you’ve been injured due to unsafe conditions on someone’s property, it’s important to act quickly and gather evidence to support your claim.

At Kingbird Legal, we understand the complexities of premises liability cases and are dedicated to helping victims secure the compensation they deserve. Contact us today for a free consultation to discuss your case and learn more about your legal options. Let us help you navigate the process and get the justice you deserve.