Sep 142013

Landlords in Pennsylvania may be held liable for falls and other types of incidents which occur in and around the rented premises. Pennsylvania law certainly recognizes landlord liability; however liability varies, depending on the type of landlord. PA law recognizes landlords “in possession” and landlords “out of possession.” Click here for part 1 of this article which discussed liability of landlords “out of possession.”

Pennsylvania Landlord Liability – Falls at Apartment Complexes

Generally, landlords “in possession” retain control over a portion of the rented property. The most common example of a landlord “in possession” is a landlord of a large apartment complex.

Landlords of apartment complexes retain possession of common areas, such as parking lots, hallways, stairways, basements, playgrounds, swimming pools, etc. Landlords of apartment complexes owe tenants and guests a basic duty to keep these areas in reasonably safe working condition. Therefore, it is generally easier to establish liability in a fall accident case at an apartment complex than in a private rental home fall accident case.

Example of landlord liability for a fall accident of a tenant. The asphalt of an apartment complex parking lot begins to crumble near walkways. A new tenant is walking from her car at night and is unable to see the crumbling walkway. She trips over the crumbling asphalt and suffers injury. So long as there is sufficient evidence that the landlord previously knew about the problem or otherwise failed to inspect the property, the injured tenant would probably be able to recover in a subsequent fall accident lawsuit against the landlord.

Example of landlord liability for a fall accident of a guest/visitor. A tenant’s friend is walking through the main corridor of the tenant-friend’s apartment building and trips over worn and ripped carpet. Again, so long as there is sufficient evidence that the landlord previously knew about the problem or should have known about the problem, the injured guest/visitor would be able to make a claim against the landlord.

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Pennsylvania & New Jersey Fall Accident Lawyers

Schwartz & Blackman has been representing the injured and their families for over thirty years in fall accident cases. Our firm offers a free consultation for all Pennsylvania and New Jersey injury and accident victims. Call now and ask for your free consultation. 215.925.4451

Schwartz & Blackman handles fall down accident cases in the Pennsylvania and New Jersey area:

  • PA: Berks County, Bucks County, Chester County, Delaware County, Montgomery County, Philadelphia County, Allentown, Lehigh Valley, Norristown, Philadelphia
  • NJ: Atlantic County, Burlington County, Camden County, Gloucester County, Mercer County, Middlesex County, Monmouth County, Camden, Cherry Hill, New Jersey shore cities

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