Sep 232013
 

Landlords in both Pennsylvania and New Jersey may be held liable for accidents which occur on the rented property. There are two main questions in any landlord fall accident case in PA or NJ:

  1. Did the landlord maintain or agree to maintain the area in question?
  2. Did the landlord have prior knowledge about the defective/dangerous condition?

Landlord Liability for a Tenant’s Fall Accident – Did the Landlord Maintain the Area Where the Fall Occurred?

Landlords are not required to guarantee the safety of tenants or tenants’ guests. Rather, landlords are required to act reasonably under the circumstances, and circumstances vary from case to case. When a tenant or a tenant’s guest is injured on the premises, the first question is whether the landlord is responsible for maintaining the area where the accident occurred. As a general rule, landlords usually retain the sole responsibility to maintain the parking lot area. On the other hand, landlords generally have no responsibility for maintaining areas inside the tenant’s apartment, such as a bathroom floor.

Landlord Liability for a Tenant’s Fall Accident – Did the Landlord Know About the Dangerous Condition?

The key in any type of fall down accident case is proving notice. Under PA & NJ fall down accident law, notice can be actual or constructive. Actual notice is proven with evidence that a landlord’s employee had knowledge of the condition at some time prior to the accident at issue. Proof of actual notice could be a prior accident report indicating the dangerous condition.

Constructive notice is a bit more complex. Constructive notice is proven with evidence that the landlord should have known about the problem. One common way to prove constructive notice is to prove that 1. the defect existed for a given length of time and 2. the landlord failed to conduct reasonable maintenance inspections of the property. A landlord should know about defective conditions of the property which exist for long periods of time and can therefore be held liable for failing to conduct reasonable, periodic inspections of the property.

It is important to note that in some situations, a landlord who undertakes repair and does so negligently can be held liable. In addition, landlords often hire outside companies to maintain parking lots. Therefore it is important to speak to a fall down accident lawyer immediately to discuss viability of the case.

Suggested landlord liability content:

Pennsylvania & New Jersey Fall Accident Lawyers

The lawyers at Schwartz and Blackman have 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

*This website does not provide legal advice. Every case is unique and it is important to get a qualified, expert legal opinion prior to making any decisions about your case. See the full disclaimer at the bottom of this page.

© 2017 Schwartz and Blackman
Two Liberty Place, 50 South 16th Street, Fl 28, Philadelphia, PA 19102 | PHONE: (215) 925-4451 | FAX: (215) 574-1200

*DISCLAIMER: This website does not create any attorney-client relationship or provide legal advice. The lawyers at Schwartz and Blackman provide legal advice only after accepting a case. It is imperative that any action taken is done on advice of counsel. Since each case is unique, discussion of prior outcomes and settlements in past cases is no guarantee of a similar outcome in current or future cases. The use of contact forms on this site does not establish any attorney-client relationship. Confidential or time-sensitive information should not be sent through them. The AV rating of Martindale-Hubbell, Super Lawyers and organizations that rate attorneys are not designations that have been approved by the State Supreme Courts or the American Bar Association. The ratings and opinions reflect members of the Bar Association and the Judiciary. PRIVACY POLICY

Web Design and SEO legal website content/attorney website content by LCL Web Solutions, Legal Web Content for Lawyers by Lawyers

Suffusion theme by Sayontan Sinha