What Does Duty Of Care Mean In Pennsylvania Premises Liability Cases?

In this article, you can discover…

• How duty of care is defined in Pennsylvania premise liability cases.
• The levels of care business owners owe to visitors and patrons.
• What is required to prove that a breach of duty of care led to your injuries.

How Does Pennsylvania Define Duty Of Care In Terms Of Premises Liability?

While certain conditions may or may not apply based on the type of property or reasons for visitation, the term “duty of care” generally refers to the obligation of a property owner to act in a reasonable manner to prevent harm to others. This concept relates to negligence law, as property owners are expected to take the necessary steps to prevent any foreseeable harm to visitors.

What Duty Of Care Is Owed To Business Visitors?

Pennsylvania law uses several categories and qualifications to define what the type of visitor to a property. Depending on whether or not the business is considered public or private, any person who enters the property could be considered a business invitee.

Public businesses such as stores, theaters, and restaurants generally see a higher number of business invitees, as their doors are quite literally open to everyone. As a rule, business owners owe the highest duty of care to business invitees, meaning that there is an expectation for the property owners to take safety precautions so that visitors are not harmed.

Licensees and trespassers are other players in the duty of care game. The term licensee defines individuals who are permitted to enter non public properties, whereas trespassers are those who enter another’s property without permission. Interestingly enough, the property owner can be held liable in all of these circumstances for dangerous conditions on their property that lead to an injury.

Attorney Jill Weikert is a seasoned lawyer based in Harrisburg, PA who has helped countless clients just like you fight for justice in their premises liability cases. With over 10 years of relevant experience, she is prepared to assist you in navigating the complexities of personal injury law so that you can move forward with confidence.

Still have questions? Ready to get started? Contact  Compass Legal Group today to schedule an initial consultation.

How Does Duty Of Care Work For Landlords In Pennsylvania?

Typically, landlords owe a duty of care to their tenants, meaning that they are expected to provide and maintain safe living conditions on their property. However, depending on the landlord tenant relationship, these conditions can change. The landlord is generally viewed as responsible, but this is not a hard and fast rule.

What Is Required To Prove That A Breach Of the Duty Of Care Caused My Injuries?

While proof can vary on a case by case basis, you will need substantial evidence to prove negligence or a breach of care in your case. Supporting documents such as photographs of the scene, witness statements, and surveillance tapes can serve as powerful evidence in your case. Specifically, video documentation of your accident can go a very long way because it is difficult to dispute.

What Defenses Might Be Used By Property Owners To Defend Their Premises Liability Case?

A property owner can defend himself by claiming the injury was caused by an “open and obvious danger.” This means that it would be reasonable to expect the injured party to have noticed and avoided the condition that ultimately led to the accident. Comparative fault of injured parties is a common defense in premises liability cases.

If You’re Ready For The Best Outcome In Your Case, Let’s Get Started

If you seek legal guidance to better Understand The Duty Of Care In Pennsylvania Premises Liability Cases, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (717) 204-2163 today.