Guide to Pennsylvania Premises Liability Law

Whether it’s in a home or business, you should know your legal rights (and visitor status) if you’ve been injured

An accident can happen anywhere at any time; this is an unfortunate reality. 

While we’re all aware of the possibility of a car accident, being injured at work, sports injuries, or being injured by a defective product, we might not always consider that we could become injured simply by passing through a building, traversing land, or visiting someone’s home.

An accident that happens because of a property hazard is the area of personal injury law called premises liability. In Pennsylvania, that means the owner is responsible for harm to any person legally entitled to be on the property.

Pennsylvania attractive nuisance doctrine

The attractive nuisance doctrine in Pennsylvania is a legal principle that can hold property owners liable for injuries to children who are attracted to and harmed by dangerous conditions or objects on their property. 

This is an exception to the duty of care owed to a trespasser; a child trespasser might hold the owner to a different set of liability rules than an adult trespasser would. 

There are five elements that would make a feasible legal claim under the Pennsylvania attractive nuisance doctrine:

1. A dangerous condition exists. The property must have a condition or object that might be appealing to children. For instance, a swimming pool, abandoned vehicles, construction machinery, empty refrigerators, tree house or other structure, large holes, animals, etc. This essentially requires you to think like a child—what would look “cool” to a little one for playing, climbing, or exploring?
   
2. A child cannot appreciate the danger (aka “kid judgment”). Children don’t have the same type of judgment or common sense as (most) adults. A child younger than about seven doesn’t typically understand when something might be dangerous. Around that age they can begin to understand using caution in some circumstances or what might hurt them, but every child matures at a different rate and this is not absolute.
   
   The courts consider the age, maturity, and ability of the child to understand the danger. Younger children are more likely to benefit from this doctrine, as they are less likely to comprehend the risks.
   
3. The injury was foreseeable. “Foreseeability” means that the defendant reasonably should have known that a harm could occur. In an attractive nuisance case, this would mean the owner had reason to believe a child or children might be likely to trespass on the property and come across the dangerous condition.
   
4. Failure to take reasonable precautions. If there is a hazard, the owner is required to take measures to prevent a child from being injured.
   
   For example, a homeowner lives directly next to the elementary school. He is aware that children walk to school from the adjacent residential neighborhood and sometimes take “shortcuts” across the corner of his lawn, which leads right to the schoolyard. A large sinkhole has developed within view of the shortcut path. Although he could not get it filled right away, the homeowner has a responsibility to immediately cordon it off, create some sort of barricade or erect warning signs that a child could read to deter them from going too close to the hole.
   
5. Causation. In any personal injury matter, the court will require the plaintiff to prove that the injury was directly caused by the hazard in question. Its presence is irrelevant if it did not cause the injury. The victim must be actually physically injured, and that injury must have cost them money in order to make a valid claim.

What to do after a Pennsylvania premises liability injury

1. Seek medical attention.
   
   Your first priority must be medical treatment. Even if the injuries seem minor, a medical examination after an accident is crucial. If you don’t have a thorough medical exam, any symptoms that appear days or weeks later might not be attributable to the accident, which means you might not be able to recover damages.
2. Document the injuries.
   
   Ask the treating provider for a full report. This will be important evidence. In addition, if your symptoms persist, keep a journal of your physical and emotional condition as it’s ongoing. Keep a log of dates, symptoms, treatment doses (even if it’s as minor as taking pain-relieving drugs), and effects on your life (for example, if you weren’t able to drive for a week or needed additional cooking help or childcare).
   
3. Report the incident.
   
   It’s essential that the owner or manager of the property is notified timely. If there’s an official incident report form, complete and submit it (keeping a copy for yourself). Maintain a “paper trail” of any correspondence about the accident or incident; reporting should be in writing or by email. Any further discussions with management should be, as well, so you have a written record. If you have a verbal conversation, note the date, time, person’s name, and the substance of the interaction.
4. File a police report if necessary.
   
   If the injury is severe or the cause could be the result of criminal activity, it’s important to file a police report.
5. Document the scene and any evidence.
   
   A photo is worth a thousand words... you’ve heard that, right? It’s true. If you’re physically able to take photos in the immediate aftermath of the injury, do so. Anything that might have had an effect on your injuries could be valuable evidence, so best to photograph everything and then let your lawyer decide later what’s important. Cracks in the sidewalk, broken light fixtures... anything.
6. Take witness information.
   
   If there are witnesses, obtain their contact information. You don’t have to take a statement or ask what they observed—your lawyer can do that. But you don’t want to “lose” them, either. Name, address, phone, email is important for every person who was at the scene. Even if they say they didn’t see the accident happen, they might have witnessed other things before or after that could become relevant.
7. Preserve evidence.
   
   Torn clothes, damaged personal items, or other things that were affected by the accident could be useful evidence. You should also inquire if there are nearby businesses or homes that might have captured surveillance video of the incident. Even if the accident was at someone’s home (outside), it’s possible that a neighbor might have picked it up in footage from a Ring doorbell or similar system. It’s always worth asking if there’s video available. Likewise, if it was a parking lot of a business (or inside a business), there is usually surveillance video. However, ask as soon as possible because many businesses do not retain surveillance footage for more than a day or two unless there is reason to believe they need it.
8. Watch what you say.
   
   Be cautious about making comments or statements to the property owner, their insurance company, or any other involved party. Sometimes, the insurance company will follow up with you to “check in” or “see how you’re feeling,” but their intentions are anything but caring or concerned. If you say, “Oh, I’m fine,” or “I’m doing better,” they can take this to mean that your injuries aren’t very severe or don’t require treatment. Don’t downplay your injuries, and never admit fault or liability. You never have to say anything to any other party; you can refer any questions to your lawyer.
   
   In addition, refrain from posting on social media. Even if your accounts are “locked” and visible only to friends, the courts can use social media posts as evidence of your condition. That includes posts that have nothing to do with the accident but do indicate your physical condition. In other words, if you are making a claim for a severe injury but then you post that you went skiing a week later, it’s going to suggest that you were not too injured. It’s best to stay off social media until the claim is resolved.
9. Consult a Pennsylvania personal injury lawyer.
   
   Your attorney will assess the situation, determine if you have a valid claim, and guide you through the legal process. They will also advise you about how specific Pennsylvania laws might apply to your lawsuit, the statute of limitations (which is usually two years from the date of the injury) and other relevant information.
10. File a claim.
    
    This should be with your attorney’s guidance. Typically, your lawyer will handle negotiations with the property owner or their insurer. Your lawyer’s objective will be to reach a settlement agreement that’s satisfactory to all parties, but if that’s not possible, they will likely file a lawsuit.

If you’ve been injured in a Pennsylvania premises liability accident, you can call a personal injury lawyer to find out the best course of action to receive compensation for your costs.