If the landowner is arguing that the injured individual was a Trespasser, in Pennsylvania, the Civil Jury Charge 18.60 states evidence must show that that injured individual remained on the property of the landowner without permission, right, lawful authority, express or implied invitation, or consent. If such evidence exists, Civil Jury Charge 18.70 explains that only if the possessor of land knew or had reason to know of the injured individual trespasser’s presence, then the landowner has the duty to refrain from willful or reckless misconduct that would necessarily cause injury to said trespasser.
In this scenario, willful misconduct has been defined as meaning that the actor (landowner) desired to bring about the result that followed or at least that he or she was aware that it was substantially certain to ensure. Dudley v. USX Corp., 606 A.2d 916 (Pa.Super.1992); Ott v. Unclaimed Freight Co., 577 A.2d 894 (Pa.Super.1990).
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.