In Pennsylvania, factors that determine fault in a premises liability claim include where the incident happened, who was responsible for the property, and if the plaintiff contributed to the accident.
If an injured person brings a lawsuit, and it goes to trial, the jury will determine who is to blame for the incident, and what percentage each party is to blame. For the plaintiff to receive any damages, the defendant must be more to blame for the incident than the plaintiff.
In determining liability, several factors come into play including the type of property and the defendant’s responsibility toward you.
Were you injured on commercial property?
If you were injured on commercial property, like a business or a store, the owner of the property may be responsible, or the occupier of the business, or someone hired to do work on the premises either by the owner or tenant. Factors that will determine who is liable include where the accident occurred and the terms of the lease between the parties.
Were you injured in a private residence?
If you were injured in a private residence, several factors will determine fault.
Was the residence an apartment or rental property?
If you are injured in a rented apartment, either as a tenant or a guest, to determine liability, you must determine who is responsible for maintaining the area that caused the accident.
For example, if you were injured in a common area of the apartment building like a hallway or stairs, or by something immovable inside the apartment like floors or walls, the landlord will likely be responsible.
If you were injured by something movable inside the apartment, like a piece of furniture, or if the tenant knew of the dangerous condition inside the apartment but did nothing about it, the tenant may be held liable for your injury.
Was the residence a private home?
If your injury occurred in a private home, the owner of the home will be responsible for the incident.
Can anyone else be held responsible?
Other potentially liable parties in a premises liability claim include a property manager, a tenant, a work crew, a security company, or someone whose intentional, criminal actions caused your injuries while on the property.
What if I am partially responsible?
If a defendant is found liable for the plaintiff’s injuries, they will often argue that the injured person is partially responsible for their injury.
In Pennsylvania, if the injured person is found to be more than 50% responsible for their injury, they will not receive any compensation. In addition, if the plaintiff is found to be partially but less than 50% responsible, they can receive damages, but their award will be reduced by an amount proportionate to their blame. For example, if the plaintiff is found to be 20% responsible, their award would be reduced by 20%.
Defendants will argue that the plaintiff is partially responsible for their injury because:
- They were distracted
- They were in an area they weren’t allowed to be
- They ignored clear warning signs
- The dangerous condition should have been obvious to them.
Is Sheldon responsible for his injury?
In an episode of The Big Bang Theory called “The Jiminy Conjecture,” Sheldon, Raj, and Howard are trying to find a cricket they keep hearing. After searching the apartment and then the hallway, they hear the cricket in the elevator shaft.
SHELDON: (tears off caution tape across the elevator door) Help me open it.
HOWARD: Are you crazy? We can’t go down an empty elevator shaft.
CUT TO:
RAJ: (shining a flashlight down into the shaft) Be careful.
SHELDON: (voice coming from inside the shaft) If I were not being careful, your telling me to be careful would not make me careful.
If Sheldon got hurt in the elevator shaft, and sued the landlord for premises liability, his landlord would have a strong argument that Sheldon was at least partially responsible for his injuries as he was in an area he wasn’t allowed to be, he clearly ignored the warning signs by ripping the caution tape off the door, and having lived in the building for years with a broken elevator, he knew of the dangerous condition.
Contact Aversa & Linn for help with evaluating who is at fault in your particular situation.
