If the injured individual is considered to be a Licensee, in Pennsylvania, a possessor of land owes a certain duties to that individual. A possessor of land is required to use reasonable care to make the land as safe as it appears or to disclose to the licensees the risk that will be encountered. Further, a possessor of land is also required to inspect the premises and to discover dangerous conditions. The Pennsylvania Civil Jury Charge 18.50 states that a possessor of land will be found liable for harm caused to an Licensee by a condition of their land if:
The main question here turns to the possessor of land’s knowledge of the dangerous condition. This knowledge does not have to be actual knowledge of the defect it can also be constructive knowledge by the possessor of land. If the possessor of land has any such knowledge they owe a Licensee the duty to warn them of the dangerous condition. This duty to warn is sometimes limited to defects on the property that a licensee is unlikely to discover.
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 consultation.