Need Legal Help? Call 215.925.4451

Landlord Liability for Fall Accidents in Pennsylvania, Part One

Phil Blackman-Pennsylvania New Jersey Personal Injury LawyerPublished on behalf of Philip Blackman, an experienced personal injury lawyer who has devoted his entire career to helping individuals and families who have been injured due to medical malpractice, car accidents, fall accidents and more. FREE Consultations: 215.925.4451

Tenants and their guests who are injured in fall accidents often ask whether the landlord is liable for the accident. The answer depends on the circumstances of the case and more importantly, the type of landlord.

In fall down accident cases, Pennsylvania courts recognize different types of liability, based on the type of landlord. There are landlords “out of possession” and landlords who are in possession, i.e., maintain an office on the premises or otherwise control the shared or common areas of the property, such as the sidewalks in a large apartment complex.

Pennsylvania Landlord Liability – Falls at Individual Properties, Home Rentals

Under Pennsylvania fall accident law, landlords may be deemed “out of possession,” which means that a landlord does not retain any control over the rental property. An example of landlord “out of possession” is a private individual who rents a single family home to a tenant. The landlord retains no right of possession.

These types of landlords are generally not liable for fall accidents on the premises except in specific circumstances. That is because they are technically not in possession of the premises.

For instance, the landlord could be liable if a defect existed at the time the landlord gave up possession (i.e., rented the property). However, it must be proved that the defect existed at that time.

For example, a renter/tenant rents a house from a landlord. The landlord forgets to tell the tenant that the rail to the stairway has become loose. A few days later, the tenant falls down the stairs, when the rail comes loose and separates from the wall.

In addition, a landlord might be liable if he elects to repair a problem himself and fails to do it correctly. For instance, a porch step becomes loose. If the landlord negligently repairs the step and the tenant or guest falls and becomes injured as a result, the landlord could be held liable.

Click here for part two of this article: Landlord Liability for Falls at Apartment Complexes

Suggested content:

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

*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.

Fall Accident Law Library

Landlord Liability for Fall Accidents in Pennsylvania, Part Two

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...

Landlord Liability for Fall Accidents in Pennsylvania, Part One

Tenants and their guests who are injured in fall accidents often ask whether the landlord is liable for the accident. The answer depends on the circumstances of the case and more importantly, the type of landlord. In fall down accident cases, Pennsylvania courts...

Who can be held liable for a stairway fall accident in Pennsylvania?

There are many potential defendants in a stairway fall accident lawsuit in Pennsylvania. While the facts of each case vary, there are for the most part, two common defendants in a stairway fall accident case: 1. Building Owner Under Pennsylvania fall accident law, a...

Pennsylvania Fall Accident Law – Viability of a Stairway Fall Accident Case

Stairway fall accidents are particularly dangerous. Someone who falls down an entire flight of marble stairs may suffer catastrophic injury. Fractured bones, spinal injuries and head trauma are very common in stairway accidents. Those who are injured in stairway...

I was making a delivery and tripped on the property where I was making a delivery. Do I have a claim against the homeowner?

Homeowner liability cases involving a delivery person or utility worker are actually very common. Even though the individual was on the job at the time of the accident, they may be able to make a negligence claim against the homeowner. Such a claim would be...

FREE CONSULTATIONS

    Spam:  

    *No attorney-client relationship is created by use of this email form. Do not email confidential or time-sensitive information. Call the firm for immediate assistance.

    OUR OFFICES

    Pennsylvania Office
    The Pavilion
    261 Old York Rd., Suite 504
    Jenkintown, PA 19046
    Tel: (215) 925-4451
    Fax: (215) 574-1200

    New Jersey Office
    1415 Route 70 East
    Cherry Hill, NJ 08034
    Tel: (856) 427-0614
    Fax: (856) 424-3690