When someone is injured on another person’s property due to negligence, whether slipping on an icy walkway, tripping over a broken sidewalk or step, or being harmed by inadequate lighting, they may have a premises liability claim.
Premises liability is the legal framework that holds property owners responsible for maintaining safe conditions for visitors. Nationwide, slip-and-fall accidents alone account for over 8 million emergency room visits each year, and such incidents are among the most common causes of premises liability claims.
In Pennsylvania, reports show that workplace slip and falls and accidents due to unsafe conditions remain among the leading causes of injury claims. Whether in homes, businesses, or public spaces, the physical, emotional, and financial consequences of premises liability injuries can be severe, underscoring the importance of understanding rights, responsibilities, and prevention.
Let’s take a closer look at premises liability.
- What is Premises Liability?
- Examples of Property Owner Negligence
- Proving Negligence in a Premises Liability Case
What is Premises Liability?
When a property owner neglects to take care of their walkways, parking lots and other areas open to the public, certain hazards can pop up, posing a threat to anyone who steps foot on their property. When this happens, serious injuries can occur, and the victim can hold the property owner accountable if they can prove the property owner was negligent.
Homeowners and business owners alike should take extra care in making sure their sidewalks and other public grounds don’t present any hazards. Property owners have a duty of care to those who are on their premises.
What Are Some Examples of Property Owner Negligence?
The most common premises liability cases involve slip, trips and falls because of a defect or hazard on another person’s property. Some examples of premises liability cases and causes include:
- Slippery sidewalks
- Potholes
- Oil or grease on surfaces
- Tree roots
- Balcony or stairway collapse
- Poor lighting
- Water on floors
- Food or spilled milk on supermarket floors
- Blocked aisles
- Loose carpeting
- Cords, strings or wires on the ground
- Broken or cracked sidewalks
- Falls on escalators and elevators
- Unprovoked dog bites and attacks
- Failures to warn notifications of property’s hazardous conditions (Dangerous Dogs, Dangerous terrain, etc.)
How Do You Prove Negligence in a Premises Liability Case?
When someone is injured on a business or someone else’s property, in order to hold a property owner liable for their injuries, they must be able to prove negligence. To do so, the injured must demonstrate that the property owner knew or should have known about the hazard that existed on their property, and that the property owner did not do anything to rectify the situation.
The injured person should also collect evidence surrounding the injury. This evidence can include:
- Medical documentation of the injury (doctor’s visits, X-rays, medication, etc.)
- Photos or videos of the hazards on the property
- Witness statements
The best thing to do after being injured on someone else’s property is to call an experienced personal injury lawyer. At Georgelis, Larsen & Sabatino Injury Law Firm, we have handled countless cases involving premises liability, and we’ve helped our clients secure more than $117,000,000 in awards and settlements. We can help you, too.
Our Top-Rated Personal Injury Lawyers Are Available 24/7 to Answer You Premises Liability Questions
When you call Georgelis, Larsen & Sabatino Injury Law Firm, P.C., we evaluate your case for free, and we never collect money until we get money for you. If you’ve been injured, call us right away at 717-394-3004!
We are available 24/7 for a call or via a live chat on our website. We’re flexible too–available day and night, and if you can’t come to us, we’ll come to you.
References:
(1) Fall Accidents, Pennsylvania Compensation Rating Bureau (PCRB): https://www.pcrb.com/media/u3hl3pja/pa-state-activity-report-2023.pdf
(2) Fall Safety, National Safety Council (NSC), https://www.nsc.org/workplace/safety-topics/slips-trips-and-falls/slips-trips-and-falls-home
Frequently Asked Questions About Tripping or Falling on Someone’s Property in Pennsylvania
1. What is a premises liability claim?
A premises liability claim arises when someone is injured on another person’s property due to unsafe or hazardous conditions that the property owner knew—or should have known—about and failed to fix or warn visitors about.
2. Can I sue a business or homeowner if I trip and fall on their property?
Yes, if the property owner’s negligence caused your injury. For example, if you tripped over uneven pavement, loose flooring, or clutter that should have been cleared, you may have grounds for a claim. The key is proving that the owner failed to maintain reasonably safe conditions.
3. What do I have to prove in a Pennsylvania slip-and-fall or trip-and-fall case?
You must show that:
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A hazardous condition existed on the property.
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The owner knew or should have known about it.
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The owner failed to correct it or warn you.
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You suffered injuries as a result.
4. What if I was partly at fault for the accident?
Pennsylvania follows a modified comparative negligence rule. You can still recover compensation as long as you were less than 51% at fault for the accident, but your recovery will be reduced by your percentage of fault.
5. Who can be held responsible for my injuries?
Depending on where the accident occurred, responsible parties may include:
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A business owner or store manager
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A homeowner or landlord
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A property management company
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A municipality, if the hazard was on public property
6. How long do I have to file a claim in Pennsylvania?
You generally have two years from the date of your injury to file a personal injury lawsuit under Pennsylvania’s statute of limitations. However, claims involving government property may have shorter deadlines.
7. What kinds of damages can I recover?
Victims may be entitled to compensation for:
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Medical bills (current and future)
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Lost wages
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Pain and suffering
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Loss of earning capacity
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Property damage, if applicable
8. What should I do right after a fall?
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Seek medical attention immediately
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Report the incident to the property owner or manager
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Take photos of the hazard and your injuries
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Gather witness information
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Contact an experienced personal injury attorney before speaking with insurance adjusters
9. Do I need an attorney for a premises liability claim?
While not required, having an attorney significantly improves your chances of proving liability, negotiating with insurance companies, and securing fair compensation—especially when businesses or insurers try to deny responsibility.
10. Are businesses held to a higher safety standard than homeowners?
Yes. Under Pennsylvania law, commercial property owners owe a greater duty of care to their customers and visitors than private homeowners do to guests, particularly when they invite the public onto their premises for business purposes.
