Whether you are a visitor or guest at another’s home or a patron at a business establishment, you have the right to expect that the property owner will maintain his or her property to ensure your safety. If you are injured and the property owner or other responsible party failed to properly maintain his or her property, you may have a claim for compensation for your injuries. At the Pittsburgh law office of Caroselli, Beachler & Coleman, L.L.C., our premises liability attorneys hold property owners accountable for their negligence. Our experienced legal team represents clients throughout Pennsylvania in premises liability lawsuits, including those involving trip-and-fall accidents. We work closely with our clients, and we explore every potential legal avenue toward achieving a favorable settlement or verdict. Premise liability cases commonly occur when an individual slips, trips or falls due to the presence of a hazardous condition on the property. Many different types of hazardous conditions can subject a responsible party to liability, including: Premise liability cases also involve claims arising from dog bites, swimming pool accidents and harm suffered from falling merchandise or due to inadequate security. In certain cases, they can also include third-party liability claims. For example, if a contractor worked on a building that contained asbestos and contracts mesothelioma or another disease, the contractor may have a claim against the building owner. One of the major determining factors in whether or not an injured person will have a valid premises liability claim is what their visitor status was when they were on the other party’s property. Property owners and managers owe a duty of care to keep their premises safe, but their legal duty is not the same for each type of visitor. There are three general categories of property visitors to be aware of: An invitee is someone who has explicit permission to be on the property, and their presence usually provides some type of benefit to the property owner or caretaker. For example, customers at restaurants, grocery stores, and retail shops are there to patronize the business. The same holds true for hotel and resort guests, children at a daycare center, or tenants that pay rent at a residential or commercial building. The highest duty of care is owed to those who are in the invitee category, and owners are required to be proactive and take all reasonable measures needed to ensure that the premises is safe and free of hazards. A licensee is someone who is still permitted to enter a property, but they usually do so for their own gain or for a neutral purpose. For example, a neighbor who comes over to visit would be in the licensee category, as would someone who was invited to a party at a private residence. Mail carriers and unsolicited salespeople would be other examples of licensees. Property owners still have an obligation to keep their place safe for licensees and free of any known hazards, but the main difference is that owners are not necessarily required to regularly inspect the property for dangerous conditions that are more difficult to uncover. As you are probably aware, a trespasser is someone who enters a property without the permission of the landowner. As such, trespassers have far fewer legal options available when they get hurt on the property that they entered. The only obligation the owner of a property has (with regards to trespassers) is not to engage in any willful or malicious actions that might cause a trespasser harm. There is one possible exception when it comes to children. If there is a possibility that children might enter the property, then the owner must take steps to ensure that the children are not harmed and that they are adequately warned of any known dangers – this is known as the Attractive Nuisance Doctrine. Premises liability is an important area of personal injury law that deals with the responsibility of property owners and occupiers to ensure their premises are safe for visitors. When someone suffers an injury due to hazardous or unsafe conditions on another person’s property, they may be entitled to compensation through a premises liability lawsuit. In Pittsburgh, PA, as in the rest of Pennsylvania, property owners—whether private homeowners, business operators, or government entities—have a legal duty to maintain their premises in a reasonably safe condition. Premises liability cases commonly occur when individuals slip, trip, or fall due to dangerous or poorly maintained conditions. However, these cases can involve a wide range of scenarios beyond slips and falls. Understanding what constitutes a premises liability claim and the types of hazards that can lead to legal action is essential for injury victims and property owners alike. There are a variety of hazardous conditions that may give rise to a premises liability lawsuit. Below are some of the most common: Sidewalks, driveways, and parking lots with cracks, holes, or uneven surfaces are a common cause of trips and falls. If a property owner is aware of these defects and does nothing to fix or warn about them, they may be held liable for resulting injuries. Spilled liquids, recently mopped floors, or grease can create slip hazards. Grocery stores, restaurants, and other commercial properties are frequent sites of slip-and-fall accidents caused by slick surfaces. Businesses must promptly clean up spills and post warning signs to avoid liability. Pittsburgh’s cold winters make snow and ice a common danger. Property owners must clear walkways, stairs, and parking areas within a reasonable time after a snowfall to prevent accidents. Failure to remove ice or snow—or at least to warn people of the danger—can result in legal liability if someone is injured. Loose, broken, or improperly built stairs can easily lead to falls. If handrails are missing, broken, or not up to code, the risk increases. Property owners are responsible for maintaining staircases in a safe condition and may be held accountable for any injuries caused by neglect. Handrails provide crucial support on stairways, especially for older adults or those with mobility issues. A missing or poorly installed handrail can contribute to a serious fall, and the property owner may be liable for failing to provide this necessary safety feature. Improperly secured shelves or stored items can fall and strike individuals. Retail stores, warehouses, and even residential properties can be the sites of these types of accidents. Property owners must ensure that objects are stored securely to avoid injury. Dead or decaying trees and branches pose a serious danger, especially during storms or high winds. If a tree limb falls and injures someone on the property—or on a neighboring property—the landowner may be held responsible if they knew the tree was hazardous and did not act to remove it. Loose or cracked tiles and warped floorboards can cause visitors to trip. Landlords, store owners, and other property managers should regularly inspect floors and repair or replace damaged materials to prevent accidents. Inadequate lighting in hallways, stairwells, parking garages, and entryways can conceal hazards and contribute to falls or other accidents. Good lighting is a basic requirement for safe premises, and failing to provide it may result in liability. Fires caused by faulty wiring, unattended open flames, or flammable materials can lead to devastating injuries. Property owners who fail to maintain fire safety systems or who do not comply with fire codes can be sued for injuries sustained in a fire-related incident. In some cases, property occupants or workers may be exposed to harmful substances like mold, lead paint, or asbestos. If the owner failed to disclose known dangers or did not take reasonable steps to remediate the issue, they could face liability for illnesses caused by exposure. Beyond hazardous conditions, premises liability law in Pittsburgh also covers incidents such as: Pet owners have a duty to control their animals and prevent them from harming others. If a dog bites a visitor on private property or attacks someone in a public place, the dog’s owner can be held responsible under Pennsylvania’s dog bite laws, particularly if the dog had a history of aggressive behavior. Swimming pools present multiple risks, especially to children. Inadequate supervision, lack of fencing, slippery pool decks, and absence of warning signs can all contribute to serious or fatal injuries. Pool owners must take extra precautions to prevent accidents and are often found liable when they fail to do so. Retailers are responsible for safely stocking shelves. When heavy items are improperly stored or stacked too high and fall on a customer, the store may be found negligent and liable for injuries resulting from the falling merchandise. In certain situations, a property owner may be held liable for crimes committed on their property if it can be shown that they failed to provide adequate security. This includes places like apartment buildings, hotels, and shopping malls where assaults, robberies, or other crimes might have been preventable with reasonable precautions such as security cameras, proper lighting, or trained personnel. In some cases, a third party may also be responsible for the hazardous condition. For instance, if a contractor worked on a building that contained asbestos and later developed mesothelioma or another asbestos-related disease, they may have grounds to file a claim against the property owner, particularly if the owner knew about the asbestos and failed to inform the contractor or take steps to mitigate the risk. Similarly, if a property management company is hired to maintain a commercial building and neglects routine inspections or repairs, they too could be held liable for resulting injuries—even though they do not own the building. In order to succeed in a premises liability lawsuit in Pittsburgh, the injured party (plaintiff) must prove the following elements: It’s also important to note that Pennsylvania law follows a comparative negligence rule. This means that if the injured person is found to be partially at fault for the accident (for example, if they ignored a warning sign), their compensation may be reduced in proportion to their percentage of fault. If they are found to be more than 50% at fault, they may be barred from recovery altogether. Premises liability lawsuits are more than just slip-and-fall cases. They encompass a broad range of incidents caused by unsafe conditions on another person’s property. Whether it’s a cracked sidewalk in a Pittsburgh neighborhood, a fall due to poor lighting in a parking garage, or a dog bite at a friend’s house, victims have the right to seek justice and compensation for their injuries. If you or a loved one has been hurt on someone else’s property in Pittsburgh, PA, it’s crucial to speak with a qualified premises liability attorney. They can help you understand your rights, evaluate your case, gather evidence, and fight for the compensation you deserve. Premises liability law addresses injuries that happen due to unsafe conditions on someone else’s property. In Pittsburgh, like the rest of Pennsylvania, specific rules guide these cases. If you are hurt on another’s property, understanding these rules is key to pursuing a claim for your injuries. This area of law covers a wide variety of incidents, from simple trips and falls to more complex situations involving neglectful property upkeep. To have a successful premises liability lawsuit in Pittsburgh, the person who was hurt (the plaintiff) must show several things. These are the fundamental building blocks of any such case. First, it needs to be established that the person or entity being sued (the defendant) had some form of control over the property. This could mean they owned the property, were leasing it, or were simply in charge of its upkeep at the time of the incident. Without demonstrating this connection to the property, it becomes difficult to hold them accountable. For example, if an accident happened in a rented office space, the lawsuit might involve the tenant, the building owner, or both, depending on their agreement and responsibilities. Second, the plaintiff must demonstrate that the defendant was careless in how they used or maintained the property. This carelessness is often referred to as negligence. It means the defendant did not act with the reasonable care that a property owner or controller should exercise to keep their property safe for others. This could involve failing to fix a known hazard, not putting up warning signs for a dangerous condition, or not regularly inspecting the property for potential dangers. For instance, if a store owner knew about a spill on the floor but didn’t clean it up promptly or place a “wet floor” sign, that could be considered carelessness. Third, there must be a direct link between the defendant’s carelessness and the plaintiff’s injury. In other words, the injury must have happened because of the unsafe condition that the defendant was responsible for. If the injury occurred for an unrelated reason, even if there was a dangerous condition on the property, the case would likely not succeed. For example, if a person tripped over their own feet while walking on a perfectly safe sidewalk, they couldn’t claim premises liability even if there was a different, unrelated hazard nearby. Finally, the plaintiff must show they suffered actual harm or losses as a result of their injuries. These are known as damages and can include a wide range of impacts. Common examples are medical bills for treatment, wages lost because they couldn’t work, and the physical and emotional discomfort caused by the injury. Documenting these losses is a crucial part of any premises liability claim, as they form the basis for the compensation sought. Pennsylvania law includes a rule called “comparative negligence.” This rule is very important in premises liability cases because it can affect how much compensation an injured person can receive. It acknowledges that sometimes, both the property owner and the injured person might share some responsibility for an accident. Under comparative negligence, if the injured person is found to be partly at fault for the accident, their ability to recover compensation might be reduced. The reduction is proportional to their degree of fault. For example, if a person tripped over a clearly visible crack in a sidewalk and a court determined they were 20% responsible for not watching where they were going, their total compensation would be reduced by 20%. So, if they were awarded $100,000, they would actually receive $80,000. There’s a critical threshold in Pennsylvania’s comparative negligence rule: if the injured person is found to be more than 50% at fault for the accident, they may be completely prevented from recovering any compensation at all. This means if a jury decides the injured person was 51% or more responsible for what happened, they would receive nothing, even if the property owner also bore some responsibility. This rule emphasizes the importance of a plaintiff’s own carefulness while on someone else’s property. While many people associate premises liability lawsuits primarily with “slip-and-fall” incidents, the truth is that this area of law is much broader. It covers a wide range of situations where unsafe conditions on a property lead to injuries. Consider, for instance, a broken or uneven sidewalk in a residential neighborhood in Pittsburgh. If someone trips and falls due to this defect and gets hurt, it could lead to a premises liability claim against the property owner responsible for maintaining that sidewalk. Similarly, inadequate lighting in a parking garage could obscure hazards, leading to a fall. This too would fall under premises liability, with the garage owner or operator potentially being held accountable. Another common type of premises liability case involves animal attacks, such as dog bites. If a dog on someone’s property bites a visitor, the property owner could be held responsible, especially if they knew the dog had aggressive tendencies or failed to control it properly. These cases often involve specific local ordinances and state laws regarding animal ownership and control. Other examples include injuries caused by falling objects from shelves in a store, accidents in swimming pools due to lack of supervision or faulty equipment, and even assaults that occur on property due to inadequate security measures. The common thread is that an unsafe condition, stemming from the property owner’s lack of carefulness, directly caused the injury. If you or a loved one has been hurt on someone else’s property in Pittsburgh, PA, it is very important to talk with a premises liability attorney in Pittsburgh. A premises liability attorney in Pittsburgh can provide valuable guidance and support during what can be a complex and challenging time. A premises liability attorney in Pittsburgh can help you understand your rights under Pennsylvania law. They can assess the specific details of your case to determine if you have a valid claim and what steps you should take next. This initial evaluation is crucial for setting the right course of action. A premises liability attorney in Pittsburgh will also play a vital role in gathering the necessary information and proof to support your claim. This might involve collecting witness statements, obtaining accident reports, reviewing medical records, taking photographs of the accident scene, or even consulting with safety experts. Building a strong case requires careful and thorough investigation. Furthermore, a premises liability attorney in Pittsburgh can work on your behalf to pursue the compensation you are owed. This involves negotiating with insurance companies, which often try to settle for the lowest possible amount, or, if necessary, representing you in court. Having someone representing your interests who understands the legal system and the tactics used by opposing parties can make a significant difference in the outcome of your case. To successfully pursue a premises liability claim, it is necessary to show that the property owner or another party responsible for the property either created the dangerous condition that led to the accident or allowed it to persist. It also needs to be shown that this party either knew about the danger or reasonably should have known about it. The “knew or should have known” aspect is very important. It means that the property owner doesn’t necessarily have to have had direct, explicit knowledge of the hazard. If a reasonable property owner, regularly inspecting their property, would have discovered the danger, then the current owner can be held accountable for not knowing. For instance, if a grocery store has a regular cleaning schedule, and a spill remains on the floor for several hours, it could be argued that they “should have known” about it, even if no employee explicitly reported seeing it. This also means that short-term, sudden hazards are often harder to prove. If someone slips on a spilled drink that literally just happened moments before, it’s difficult to argue the owner “should have known” about it in time to prevent the fall. However, if the spill was there for an extended period, the argument for negligence becomes much stronger. It’s a common misconception that if you are injured on someone else’s property, the owner will automatically accept responsibility. In reality, property owners and their insurance companies frequently try to avoid paying damages. They have several common defenses they might use to challenge a premises liability claim. One frequent defense is that the hazardous condition that caused the injury was “open and obvious” to a reasonable person. The argument here is that if the danger was plain to see, the injured person should have noticed it and avoided it. For example, if there was a large, brightly colored “wet floor” sign, and someone still slipped, the owner might argue the danger was obvious. However, what is “open and obvious” can be subjective and depends on the specific circumstances, including lighting, distractions, and the nature of the hazard. Another defense relates to the injured person’s status on the property. If you got hurt in an area of the property that is restricted to visitors, you might be categorized as a trespasser. Generally, property owners owe a lower duty of care to trespassers, meaning they have less responsibility for their safety. There are exceptions, especially regarding children, but for adults, being in a restricted area can severely weaken a premises liability claim. Finally, property owners often argue that the injured person is the one at fault because they were not paying attention to where they were going when the accident occurred. This defense directly challenges the plaintiff’s own carefulness and ties back into the concept of comparative negligence. If the owner can show that the injured person was distracted, looking at their phone, or otherwise not observing their surroundings, it can reduce or eliminate the owner’s liability. Understanding these legal requirements, the burden of proof, and the potential defenses is essential for anyone considering a premises liability lawsuit in Pittsburgh. Seeking guidance from a legal professional is a critical first step to navigating these complexities and working towards a fair resolution. In order to pursue a premises liability claim, it will be necessary to prove that the property owner or other responsible party caused the dangerous condition that lead to the accident or allowed that condition to occur. It must also be proven that the party either knew or should have reasonably known about the danger posed by the condition. Just because you were injured on another’s property, you cannot simply assume the property owner will take responsibility. In fact, owners typically push back hard against premises liability claims, and there are a number of possible defenses they will use to try to avoid paying out damages. These may include: The open and obvious defense is used by landowners to relieve themselves of liability for an injury that happens on their property. The general idea behind this principle is that if a hazardous condition could be clearly seen by a visitor and they can easily take steps to avoid it, then the owner is not liable if the visitor gets hurt – even if the owner did not warn visitors of the danger. Simply establishing that a dangerous property condition is “open and obvious” does not necessarily absolve a landowner from responsibility if a visitor gets hurt because of it. There are some instances in which there may be exceptions. In order to successfully overcome these or other defenses, you will need to obtain as much documentation as possible to help substantiate your claim. Start by taking multiple photos of the accident scene clearly showing the hazards on the property and the injuries you sustained. If you are not able to take these photos yourself, have someone nearby take them for you. You should also create a detailed accident report as soon as possible while everything is fresh in your mind; and get statements from any witnesses who saw what happened. Finally, get prompt medical treatment and follow all of your doctor’s orders, and get in touch with our office at your earliest convenience. At Caroselli, Beachler & Coleman, L.L.C., our Pennsylvania premises liability lawyers can assist you in determining if you can pursue a claim against the property owner or other responsible party. We are aggressive advocates of your rights. Have you suffered broken bones, head trauma or another serious injury due to dangerous conditions on an individual’s or business’ property? Contact Caroselli, Beachler & Coleman, L.L.C., to speak with an experienced personal injury lawyer. We will assist you in evaluating and determining what action to take. Call us at 412-391-9860 in Pittsburgh or Western Pennsylvania, or toll free at 866-466-5789. You may also contact our personal injury firm online. Initial consultations are free and confidential.Slip and Fall Attorneys in Pittsburgh
About Premises Liability Lawsuits
What Kind of Visitor were you When you Got Injured?
Invitees
Licensees
Trespassers
About Premises Liability Lawsuits in Pittsburgh, PA
Common Causes of Premises Liability Claims
1. Cracked or Uneven Pavement
2. Slippery Substances on a Floor
3. Accumulation of Snow, Ice, or Debris
4. Defective Stairs
5. Loose or Missing Handrails
6. Falling or Fallen Objects
7. Dead Trees and Branches
8. Broken Tiles or Floorboards
9. Poor Lighting
10. Fires and Explosions
11. Exposure to Toxic Substances
Other Types of Premises Liability Claims
Dog Bites and Animal Attacks
Swimming Pool Accidents
Injuries from Falling Merchandise
Inadequate Security
Third-Party Liability in Premises Cases
Legal Requirements and Burden of Proof
Premises Liability Law in Pittsburgh
Core Elements of a Premises Liability Claim
Comparative Negligence in Pennsylvania
Beyond Slip-and-Fall: The Scope of Premises Liability
The Importance of Legal Counsel
Proving Owner Negligence in Detail
Common Defenses Used by Property Owners
Skilled Pittsburgh Attorneys Aggressively Pursuing Owner Negligence Claims
The Open and Obvious Defense in Pennsylvania
Exceptions to the Open and Obvious Defense
Contact Our Pennsylvania Personal Injury Firm
Premises Liability
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20 Stanwix Street, Suite 700
Pittsburgh, PA 15222
Phone: 412-391-9860
Toll Free: 866-565-4949
Fax: 412-391-7453
