As discussed in the previous post whether a person is considered an Invitee or Licensee has a large bearing on whether or not a Landlord may be held liable, if that individual is injured on the Landowner's property. Hackett v. Indian King Residents Ass’n, involved a Resident who brought a personal injury action against a condo association for injuries she suffered after falling on branches on step, in a common area leading to her townhouse. As the fall occurred on the common area of the condo association’s property, the Superior Court was left to decide whether or not the Plaintiff was a Licensee of Invitee.
After reviewing the current Pennsylvania law the Superior Court held that the key difference between a person being a Licensee or an Invitee stems from whether that person was invited to the property or if they merely had permission to go on the property. In order to be considered an Invitee an invitation is essential. On the other hand, permission to use the property does not make an individual an Invitee, but rather a Licensee. The Superior Court concluded that because the Plaintiff only had permission to use the common area of property they could only be considered a licensee. This meant that the Landowner had a lesser duty owed to the Plaintiff.
Whether it be a slip and fall, trip and fall or some other type of injury occurring on a property, if you have questions about whether you are liable for an injury occurring on your property or have questions regarding an injury occurring on a property please contact a Bethlehem Injury Lawyer at The Law Offices of Edward J. McKarski for a free consolation.