What Is A Property Owner's Responsibility?

In general an owner must keep his property safe for those persons lawfully on the property. However, just because you suffered an injury on someone's property does not mean that the owner is liable. First, you must establish that the condition that caused your fall or injured you was in fact dangerous. For example having a display counter in the middle of an aisle may not be dangerous, but if the display is low and at the end of the isle it could create a tripping hazard for someone turning into the isle. There are other issues that also should be considered such as the visitor's legal status (see below), whether the owner knew of the condition, and if the injured persons should have done more to avoid the accident.

There are numerous defences a property owner will typically raise in challenging a premises liability claim. One common issue arises when the owner has no idea the accident happened on their property until days or weeks after the incident. Therefore, if possible you should notify the owner or manager of the property immediately. Most retail stores will take incident reports if notified at the time of the accident.

Despite the challenges in proving these cases our firm has had great success in recovering money for our clients though verdicts and settlements. We understand the specific issues involved and are prepared to fully litigate you claim.

Notice Of The Defective condition.

Sometimes showing that a store or property had dangerous condition does not establish negligence. You may need to prove notice, that is, the defendant knew or should have known about the dangerous condition. For example if you fall on dish soap in a supermarket the store will argue that another customer may have spilled it moments before your accident. If there is no way to show the soap was there for an extended time you might not be able to make a recovery. However, even if you don't know how or when something got of the floor, many times we can still prove notice.

The Owners Duty Is Not Always The Same.

The obligation to make a property safe depends to some extent on your purpose for being on the property. The law defines your status as 1) a business invitee, 2) a licensee, or 3) a trespasser. Business invitee is someone who goes to a property for a business purpose. However, you do not need to buy anything or enter an agreement to be considered invitee. Therefore, if you are looking at cars in a showroom, you would be a business visitor even though you did not purchase a car that day. A business invitee is owed the highest standard of care, which means the operator has an obligation to inspect their property and correct any dangerous conditions.

Someone who is visiting a friend or attending a party at a residence would be licensee, because they are not entering the property for the owners business. In order to be considered a licensee you must have the owner's permission to be on the property, although its not necessary to have an express invitation. The duty owed a licencee is to correct or warn about a known dangerous condition, but there is no duty to inspect the property.

A trespasser is owed the least obligation. This is someone who goes onto a property, but does not have permission. More specifically, there is no indication that the property owner wants you to be on their property nor has he given you a reason to think it is acceptable to enter his property. Under these circumstances the owner is responsible if he intentionally or recklessly injuries you.

Landlord Negligence.

The obligations of a landlord are usually determined by the lease agreement. Typical leases will make the owner responsible for structural repairs and the tenant is responsible general upkeep. Often in residential leases the landlord will only be required to make repairs after they are advised of the condition. It is always a good idea document you request for repair in writing, in fact some leases make this a requirement.

Under Pennsylvania law there is doctrine known as "landlord out of possession" which applies to a an owner who leases the entire property. In this case the landlord in not responsible unless one of six exceptions apply. However, if the landlord retains control of part of a building he is responsible for maintaining that area. For example, in an apartment building the landlord is responsible for maintaining the "common areas" such as hallways, stairwell, lobby and parking area.

Who Is Responsible For The Sidewalk Condition.

Many people believe it's the City's or Township's responsibility to maintain the sidewalk, but in fact the primary obligation falls on the property owner. The city may have what's called "secondary liability" which means a claim can also be made against the city. However, proving the city knew or should have known of the defective sidewalk may be more difficult. Under Pa law the owner must keep the sidewalk reasonably safe for pedestrians. Although the owner may not be responsible for slight imperfections, a misleveling of a couple inches between sidewalk slabs can create a serious tripping hazard.

Stairs.

Some of the most serious injuries occur when a person falls down a set of stairs. Numerous safety requirement are outlined by building codes which have been adopted by your municipality. The building code will set forth minimum guidelines for the height and width of each step and when and what type of railing is required. Sometimes the defect is obvious, but many to times we will employ an engineer inspect the stairway, take measurement and review for code violations.

Related practice areas: Personal Injury, Construction Accidents