When unsafe conditions on someone else's property lead to injury, Pennsylvania law may hold the property owner or party in control responsible.
A Philadelphia premises liability lawyer at The Oakes Firm helps individuals pursue the compensation they deserve after suffering harm in places like grocery stores, apartment complexes, public buildings, or private homes.
Our team brings years of focused legal experience to the table and works tirelessly to hold negligent parties accountable. Whether your accident happened in Center City, North Philly, or the Italian Market, we’re here to help.
Reach out now for a free consultation and learn how we can assist with your recovery.
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What Is Premises Liability Law in Pennsylvania?
Property owners in Pennsylvania must keep their land and buildings safe for others. That includes fixing broken stairs, shoveling icy sidewalks, and placing warning signs near spills. When someone gets hurt due to hazards that should’ve been fixed or warned about, the injured party may have a valid claim.
Premises liability is a legal concept that allows someone injured on another’s property to recover compensation. The case centers on whether the owner knew or should have known about the dangerous condition and failed to fix it or alert visitors.
Pennsylvania's Premises Liability Statutes
Pennsylvania follows the traditional rules of negligence for premises liability claims. State law considers the legal status of the person on the property and the owner’s actions or inactions leading up to the incident. Specific rules apply if a government agency owns the property or if the injured person had permission to be there.
Common Types of Premises Liability Cases in Philadelphia
In a city as busy and diverse as Philadelphia, property hazards can show up almost anywhere—from historic neighborhoods to modern shopping centers. Many premises liability cases stem from avoidable conditions that put unsuspecting people at risk.
Slip and Fall Accidents
One of the most frequent premises liability claims, slip and fall accidents often happen in places like grocery stores, parking garages, and sidewalks. Slippery floors, cracked pavement, loose rugs, and poor lighting are all common hazards. In areas like Center City or near Temple University, high foot traffic increases the likelihood of these incidents.
Inadequate Security Claims
Property owners must take reasonable steps to protect guests from foreseeable criminal acts. That might include working security cameras, trained personnel, and proper lighting. When someone is attacked in a parking lot, apartment building, or nightclub in areas like Fishtown or University City, a lack of security can give rise to a premises liability claim.
Swimming Pool Accidents
Unfenced or improperly maintained swimming pools can be dangerous, especially to children. In neighborhoods like Manayunk and West Philly, community pools or apartment complexes may fall short of basic safety standards. Missing gates, faulty ladders, or slick decking can result in severe injuries.
Dog Bite Incidents on Property
Dog owners have a duty to control their pets, especially on private property where guests are invited. Whether the attack happens in someone’s backyard in South Philadelphia or a front porch in Brewerytown, the owner may be liable if the dog had a known tendency to bite or act aggressively.
Falling Object Injuries
Improperly stacked merchandise, unstable shelves, or loose ceiling tiles can lead to falling object accidents. These types of injuries often occur in retail stores, warehouses, or shopping centers such as those near Roosevelt Mall. A blow to the head from a falling item may cause long-term harm and require immediate treatment.
Defective Stairs and Handrails
When a stairway lacks a sturdy handrail, has worn carpeting, or contains uneven steps, people are more likely to fall. These types of defects are often found in older residential buildings and businesses, especially in neighborhoods with historic architecture like Germantown or Queen Village. Landlords and property owners who ignore repairs may be held accountable.
Who Can Be Held Liable for Premises Liability Accidents?
Responsibility for a premises liability injury doesn’t always fall on just one person or company. In many cases, multiple parties contribute to unsafe property conditions. Identifying every liable party increases your chances of securing full compensation.
Property Owners
Property owners are often the first parties examined in a premises liability claim. Whether they own a private home in Chestnut Hill or a commercial space in Northeast Philadelphia, owners have a duty to inspect and maintain their premises. If they knew, or should’ve known, about a dangerous condition and didn’t fix it or provide a clear warning, they can be held accountable.
Property Managers and Management Companies
Many residential buildings, especially larger apartment complexes in places like University City or Logan Square, are overseen by third-party management companies. These companies may be responsible for routine maintenance, inspections, and repairs. If they ignore complaints or delay necessary work, they can share responsibility for resulting injuries.
Tenants and Lessees
Tenants renting commercial or residential spaces may control certain parts of the property. For example, a business renting a storefront on South Street may be responsible for keeping its entryway safe. If a customer slips on an icy sidewalk that the tenant agreed to maintain, the tenant could be liable, even if they don’t own the property.
Business Owners and Retailers
Business owners must keep their spaces safe for customers and vendors. That includes keeping floors dry, aisles clear, and hazards marked. In shopping centers, restaurants, or local shops throughout neighborhoods like Port Richmond or Bella Vista, an unsafe environment could result in the business being held responsible for injuries.
Government Entities
Local and state governments manage public buildings, sidewalks, parks, and transportation hubs. If someone is hurt because of a hazard in a public space, like broken pavement in Fairmount Park or poor lighting in a city-run parking lot, the responsible agency may be liable. Claims against government entities follow different rules and shorter deadlines, which makes early action even more important.
Pennsylvania's Visitor Classification System
The level of care owed by a property owner depends on why the person was on the property in the first place.
Invitees and Their Rights
An invitee is someone invited for business purposes, like a shopper or restaurant guest. These individuals are owed the highest duty of care, including regular inspections and timely repairs.
Licensees and Property Owner Duties
Licensees enter property for social reasons, such as visiting a friend. Owners must warn them of known dangers that wouldn’t be obvious.
Trespasser Status and Limited Protection
While property owners don’t owe much to trespassers, they can’t set traps or act intentionally to cause harm. Children may have more protection, especially in attractive nuisance cases like open swimming pools.
What Damages Can You Recover in a Philadelphia Premises Liability Case?
Injuries from property hazards often come with steep costs. A successful claim may cover a wide range of losses.
Medical Expenses and Future Treatment Costs
This includes hospital bills, surgery, physical therapy, prescriptions, and future care needs related to the injury.
Lost Wages and Diminished Earning Capacity
If the injury keeps you from working or reduces your ability to earn a living, you may seek reimbursement for that income.
Pain and Suffering Compensation
Courts may award damages for physical pain, emotional distress, anxiety, and the overall effect the injury has on your daily life.
Property Damage Recovery
If personal items like glasses, clothing, or electronics were damaged during the incident, you may include those losses in your claim.
How Do You Prove Negligence in a Premises Liability Claim?
A strong claim requires your attorney to prove several key elements that show the property owner or responsible party acted unreasonably.
Establishing Duty of Care
The first step involves your lawyer showing that the property owner or controller owed you a legal duty to keep the area safe based on your status as a visitor.
Demonstrating Breach of Duty
Next, your attorney will need to show that they failed to meet that duty. Examples include ignoring spills, failing to replace broken lights, or not fixing a known hazard.
Proving Causation Between Negligence and Injury
The incident must directly connect to the unsafe condition. For example, if a loose handrail caused your fall, that hazard must be linked to your injuries.
Documenting Your Damages
Keep records of your injuries, medical visits, missed work, and other consequences. Photos, witness statements, and accident reports can help your lawyer support your case.
Pennsylvania's Statute of Limitations for Premises Liability Cases
Acting quickly after an accident helps preserve your rights and gives your case the best chance for success.
Two-Year Filing Deadline
In most cases, you have two years from the date of the accident to file a lawsuit. Missing this window can lead to your case being dismissed.
Discovery Rule Exceptions
If the injury wasn’t obvious right away, the clock might start when you first discover the harm. This applies in some toxic exposure or long-term damage cases.
Special Considerations for Government Claims
Claims involving city or state property require a formal notice within six months. Failing to submit this notice in time can prevent any recovery.
How a Philadelphia Premises Liability Lawyer Can Help Your Case
The legal team at The Oakes Firm provides practical, aggressive support throughout every step of your claim.
Comprehensive Case Investigation
We look into every detail, from where the accident occurred to how it happened. We check maintenance logs, security footage, and inspection reports.
Evidence Preservation and Collection
Preserving skid marks, spilled liquids, or torn carpets can make or break a claim. Our team moves fast to protect key evidence.
Expert Witness Coordination
In some cases, we bring in building safety experts, medical professionals, or economists to help explain your injuries and losses.
Insurance Company Negotiations
Insurance companies may try to minimize your claim or deny liability altogether. We push back with strong evidence and a clear demand for full compensation.
Trial Representation and Litigation
If the other party refuses to settle fairly, we take the case to court and present it to a judge or jury with precision and clarity.
Maximizing Your Settlement Value
We examine all angles of your case and account for every way the injury has affected your life. That helps us push for the highest possible payout.
Why Choose Our Philadelphia Premises Liability Law Firm
You have choices. Here’s why so many injured people in Philly choose The Oakes Firm.
Proven Track Record of Success
We’ve recovered meaningful compensation for injury victims across Philadelphia, from South Street to Kensington. Our results reflect our commitment.
No Fee Unless We Recover Compensation for You
You won’t pay anything upfront. We only get paid when your case results in compensation, whether through settlement or verdict.
Local Philadelphia Court Experience
We know how local courts operate and what Philadelphia juries respond to. That helps us prepare your case effectively and strategically.
Personalized Client Service
You’re never just a case number. We stay in touch, keep you informed, and provide updates so you always know where things stand.
Common Questions About Premises Liability in Philly
How much does it cost to hire a premises liability lawyer in Philadelphia?
The Oakes Firm works on a contingency fee basis. That means you don’t pay unless we secure compensation on your behalf. There are no upfront legal fees.
What should I do immediately after a premises liability accident?
Seek medical attention first. Then report the incident to the property owner or manager. Take photos of the hazard and the surrounding area. Gather names and contact info for witnesses. Save clothing or shoes worn during the accident.
Can I still file a claim if I was partially at fault for my accident?
Yes. Pennsylvania follows a modified comparative negligence rule. As long as you're less than 51% at fault, you may still recover damages, though the amount may be reduced.
How long do premises liability cases typically take to resolve?
Most cases take several months to a year. Factors like severity of injury, willingness to settle, and whether a trial is necessary all affect the timeline.
What if the property owner doesn't have insurance?
You may still have options, such as pursuing a personal judgment or checking if another party, like a management company, shares liability.
Contact Our Premises Liability Attorneys in Philadelphia Now
Waiting too long to act can put your entire case at risk. Evidence disappears fast. Deadlines approach quickly. The sooner you contact The Oakes Firm, the sooner we can start building your case and protecting your rights.
Call (267) 310-0656 today for your free consultation with a Philadelphia personal injury attorney. Let us review your case, answer your questions, and explain the next steps. We’re ready to help you pursue the compensation you deserve.