Premises Liability in the Lehigh Valley: When Property Owners Are Responsible

Premises Liability in the Lehigh Valley: When Property Owners Are Responsible

When you visit a store, restaurant, office building, apartment complex, or any other property in the Lehigh Valley, you have a reasonable expectation that the premises will be safe. Property owners have a legal duty to maintain their properties in a reasonably safe condition and to warn visitors of known hazards. When they fail in that duty, and someone is injured as a result, Pennsylvania’s premises liability laws allow the injured person to hold the property owner accountable. If you were injured on someone else’s property in the Lehigh Valley, understanding how premises liability works in Pennsylvania is essential to protecting your right to compensation.

What Is Premises Liability?

Premises liability is the area of personal injury law that holds property owners and occupiers responsible when dangerous conditions on their property cause injuries to visitors. Unlike some other types of personal injury claims, premises liability is not limited to a single type of accident — it encompasses any injury caused by a property hazard, from slip and falls to structural collapses to inadequate security.

To establish a premises liability claim in Pennsylvania, you must prove:

• The property owner owed you a duty of care. The level of duty depends on your legal status on the property (invitee, licensee, or trespasser).
• The property owner knew or should have known about the dangerous condition.
• The property owner failed to fix the hazard or provide adequate warning.
• The dangerous condition directly caused your injury.

Common Types of Premises Liability Cases in the Lehigh Valley

• Slip and fall accidents. Wet floors, icy walkways, uneven surfaces, broken stairs, poor lighting, and spills in stores, restaurants, and commercial properties. These are the most common premises liability claims in the Lehigh Valley.
• Trip and fall hazards. Cracked sidewalks, torn carpeting, unmarked steps, exposed cables, and uneven flooring.
• Inadequate security. Assaults, robberies, and other criminal acts that occur on properties where the owner failed to provide reasonable security measures such as lighting, locks, security cameras, or security personnel.
• Swimming pool accidents. Drownings and near-drownings at residential and commercial pools that lacked proper fencing, gates, supervision, or safety equipment.
• Dog bites. Injuries caused by dangerous dogs on the property owner’s premises.
• Elevator and escalator accidents. Mechanical failures, entrapments, and sudden stops in commercial buildings and shopping centers.
• Toxic exposure. Injuries caused by exposure to mold, asbestos, lead paint, carbon monoxide, or other hazardous substances on the property.
• Construction site hazards. Injuries to visitors or passersby caused by unsafe conditions at active construction sites.

The Duty of Care in Pennsylvania

Pennsylvania law defines the property owner’s duty based on the visitor’s legal status:

• Invitees (customers, clients, patients, shoppers) are owed the highest duty of care. The property owner must regularly inspect the property, fix known hazards, and warn of dangers that cannot be immediately repaired.
• Licensees (social guests) are owed a duty to warn of known hazards that are not obvious.
• Trespassers are generally owed the least protection, but exceptions exist for children under the attractive nuisance doctrine and for known or frequent trespassers.

Pennsylvania’s modified comparative negligence rule (42 Pa.C.S. § 7102) applies to premises liability cases. Your compensation is reduced by your percentage of fault, but you can recover as long as your fault is less than 51%.

Compensation for Premises Liability Injuries

• All medical expenses, including emergency care, surgery, hospitalization, rehabilitation, and future treatment.
• Lost wages and lost earning capacity.
• Pain and suffering, emotional distress, and loss of enjoyment of life.
• Permanent scarring or disfigurement.
• Wrongful death damages if the property hazard caused a fatality.

Serious premises liability injuries — such as traumatic brain injuries from falls, spinal cord injuries, and hip fractures in older adults — can result in substantial recoveries. The statute of limitations is two years from the date of injury. Claims against government entities require notice within six months.

What to Do After an Injury on Someone Else’s Property

• Report the incident. Notify the property owner or manager and request a written incident report.
• Photograph the hazard. Document the condition that caused your injury before it is cleaned up or repaired.
• Get witness information. Collect names and phone numbers of anyone who saw what happened.
• Seek medical attention immediately. Delaying treatment gives the insurance company an argument that your injuries are not serious.
• Preserve your clothing and shoes. The defense may argue your footwear or attire contributed to the accident.
• Do not give a recorded statement to the property owner’s insurance company without consulting an attorney.
• Contact an attorney. Personal injury cases in Pennsylvania have strict deadlines that must be met.

Why Lehigh Valley Residents Choose Leeson & Leeson

Joseph F. Leeson III is a Super Lawyers Rising Star and a member of the Million Dollar Advocates Forum. His combined JD, MBA, and CPA background gives him the financial expertise to calculate the full long-term cost of premises liability injuries.

Leeson & Leeson serves premises liability victims across the entire Lehigh Valley, including Bethlehem, Allentown, Easton, and all surrounding communities.

Frequently Asked Questions