Published on behalf of In Pennsylvania, property owners have specific duties with respect to people invited to the property. Failure to take ordinary and reasonable care for the safety of others may result in liability. Common examples of commercial and residential property owner liability cases include slip and fall or trip and fall cases, negligent security cases, and Dram Shop (alcohol liability) cases.
Pennsylvania Business/Store Liability Law
In order to succeed in a business liability case against a property owner in Pennsylvania, the injured person must be able to prove the following:
1. the property owner owed them a duty of care,
2. the property owner breached that duty of care by committing some act of negligence,
3. the negligent act caused the accident/injuries, and
4. damages resulted.
Suggested article: Pennsylvania Slip, Trip & Fall Accident Law
Pennsylvania Negligence Law: Legal Duty Owed to Invitees/Customers
Pennsylvania follows the Restatement of Torts § 343 with respect to defining the duty owed to an invitee. Section 343 of the Restatement of Torts spells out the duty owed to an “invitee,” persons who are invited to a property for the benefit of the property owner. Section 343 provides:
A possessor of land is subject to liability for physical harm caused to his invitees by a condition on the land, if but only if, he:
(a) knows or by the exercise of reasonable care would discover the condition, and should realize that it involves an unreasonable risk to such invitees, and
(b) should expect that they will not discover or realize the danger, or will fail to protect themselves against it, and
(c) fails to exercise reasonable care to protect them against the danger.
Under Section 343, invitees are owed a duty of ordinary care and maintenance of the property and premises which may include an obligation to conduct regular inspections of the property. This duty extends to both commercial and residential property owners, such as:
- grocery stores,
- shopping malls,
- retail stores, and
- department stores.
Related articles:
- Pennsylvania Fall Down Accident Law – A Homeowner’s Liability to Yard/Garage Sale Guests
- Water on the Floor – Pennsylvania Slip & Fall Accident Law
- Pain and Suffering Damages in a Pennsylvania Slip and Fall Lawsuit
Philadelphia Store Accident & Injury Lawyers
Schwartz & Blackman has been representing the injured and their families for over thirty years in slip and 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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