Go-To Guide for People Injured in Pennsylvania’s Public Places

Stay Informed About Your Legal Options and Critical Next Steps if You Suffer Injuries in an Accident in a Public Place

You may have witnessed or experienced it yourself. You walk along the street and trip on a lifted paver, push your shopping cart through the supermarket when your feet slide across a wet floor, or catch your heel in a pothole in the parking lot of a restaurant, all leading to your fall and injuries. You may have experienced pain, embarrassment, and fear of broken bones or other injuries, but mostly, you may have been shocked and confused, not knowing what to do next. Accidents occur frequently, so keep in mind what you can do when you are injured in a public place in Pennsylvania.

Public Spaces Must be Kept Safe under Pennsylvania Law

Pennsylvania law holds that those who own or otherwise possess property owe a duty to those entering their property. They must keep their property safe for visitors. In other words, a visitor injured on someone’s property may make a claim for damages against the one whose property is unsafe or hazardous. That duty extends to almost anyone coming onto private or public property, though the law differentiates the extent of that duty depending on whether the visitor is an invitee, licensee, or trespasser.  A business owes a higher duty to those they invite to their property to benefit the business than to a trespasser to whom the owner owes no duty unless the owner should have known trespassers would come onto their property. Licensees are allowed on others’ properties, but they enter public places for their own purposes, not the property owner’s. Nevertheless, they are still owed a duty of care.

When property owners breach their duty to maintain safe premises, they risk liability for injuries caused by their negligence. When hazardous conditions cause a visitor to be injured, the owner is likely liable to pay for the visitor’s damages, including medical bills and other expenses or losses resulting from the injury.

Top Public Places where Injuries Occur in PA

Commercial Businesses

Public property owners or possessors have a high duty of care to those entering their stores, restaurants, parking lots, casinos, and other public places. Business owners specifically invite patrons onto their property to benefit their businesses. As such, they must ensure their properties are safe for invitees or expose themselves to liability for their patrons’ injuries. When people come to a store owner’s property to solicit their business or donations to benefit their interests, the owner still owes a duty of reasonable care, but lower than when intentionally luring people to their property.

So, when you sell clothing in a boutique store accessible to anyone interested in buying your goods, you have a public space that you must inspect for hazards. If a potential customer were to enter the store and suffer injuries because an automatic door prematurely closed on them, you, as the clothing store owner, would be liable to someone deemed a licensee.

Public Parks

The case is different when someone gets hurt at a public property park owned and operated by the municipality or state. First, governmental entities are immune from lawsuits in Pennsylvania, as per the Pennsylvania Sovereign Immunity Act and the Political Subdivision Tort Claims Act, which cover state and local governmental immunity. A park visitor who sprains their ankle on a trail cannot sue the government without its consent. In certain cases, an injured party may sue the government when an employee’s negligence caused the injury.

Recreational Facilities

Second, there are exceptions to absolute governmental immunity. The Recreational Use Act (RUA) may eliminate a private landowner’s responsibility for recreational users on bike trails. The Act clarifies that such owners have no duty to keep their premises safe for those coming onto their property for recreational purposes. However, the case differs for city bike trails open to the public for recreational purposes. Municipalities that own and maintain recreational bike trails may, under specific conditions, be liable to those injured on the property.

Event Venues and Stadiums

Most private owners of public spaces are liable for their negligence. Stadiums for sporting, music, or other events present a unique premises liability case. Owners are responsible for maintaining a safe venue so patrons are not vulnerable to injuries. The duty of care may be higher or lower, depending on the event, whether for children or adults. For example, a music concert catering to teenagers may require more security to ensure young people are not threatened or allowed alcohol or drugs. However, certain stadium activities trigger a legal principle called assumption of the risk. Under that doctrine, patrons assume the risk of injury inherent to the event. For example, a baseball game includes the probability of speeding baseballs hitting the stands. It does not include flooded bathrooms that cause users to slip and fall.

Shopping Malls

Like stadiums, shopping malls draw numerous people coming and going throughout the day and evening. Multiple dangers exist when a mall is not vigilant about safety. Shoppers may suffer harm on faulty elevators, raised carpets, and icy entrances. Since a mall invites patrons to spend money, the owners have a high duty of care to provide a safe environment. Thus, a patron who slips on an icy entranceway may have a personal injury claim against the mall.

Healthcare Facilities

Premises liability also applies in medical facilities, like hospitals or nursing care facilities. An injured patient or other visitor may suffer injuries when sick patients are left unattended, and faint or unhygienic surfaces expose patients to viruses, infections, or diseases. The duty of care is high for the premises to be clean and safe so that sick or injured patients do not leave the healthcare facility worse than when they came in due to the facility’s negligent practices.

College and University Campuses

College campuses can be dangerous places, too, when negligence creates hazards. Most colleges are businesses for premises liabilities purposes, so the duty of care is high. Thus, slips and falls at the campus food court, icy walkways in winter, cracked parking lot surfaces, and poor lighting are all dangerous conditions that cause unnecessary risks to students, vendors, visitors, and others entering the college campus.

Root Causes of Public Space Accidents and Resulting Injuries in Pennsylvania

Public places that draw numerous people commonly pose slip and fall,  and other hazards when negligence occurs.

• Lack of Maintenance and Repairs: Broken stairs or handrails at multilevel malls, stadiums, or concert halls may expose thousands of people to injury daily.
• Inadequate lighting at apartment complexes is a physical injury and security risk to residents and visitors when they trip on stairs at night or encounter individuals with criminal intent to harm others.
• Security Lapses Amidst Crowds and Chaos: Security risks at highly populated venues, like sports and amusement parks, subject attendees to assaults, robberies, and kidnappings when negligent security exists. The sheer number of people attending events and amusement there raises the odds of running into those with bad intentions. Restaurant and bar parking lots that are poorly lit or unguarded may also be security risks, as patrons under the influence of alcohol may be prone to assault or other violent crimes.
• Hazards on the Street from Construction: Other dangers occur in less common settings, like public streets, when passing construction sites. Falling objects or heavy machinery may injure passersby when safety measures are not in place. For example, trucks leaving and entering a construction site can be dangerous. Safety requires that several workers ensure street and sidewalk traffic is not vulnerable to accidents. When safety procedures go unenforced, innocent victims suffer.
• Public Transit Perils: Public transportation is another potentially hazardous experience. Buses with faulty handrails, mechanical problems, and inattentive drivers can injure unsuspecting passengers. Train and light rail passengers can suffer similar fates when obstructions and spilled liquids in the walkways cause trip and fall accidents.

Identifying Liable Parties when You Get Injured in a Public Place

You may know your injury occurred in a public place with hazardous conditions, but you may not know who is responsible. Local businesses and property owners along bike trails may be easy to identify as defendants in a personal injury lawsuit. However, other contributors to your injury may not be so obvious. A shopping mall may have individual or corporate owners but contracts with individual store owners, mall vendors, cleaning services, and security businesses. Property managers, leasing companies, drivers, and government entities may be other liable parties when injuries happen at parks, on public transportation, or at commercial sites.

Thus, that raised carpet you tripped on entering your doctor’s office may be the fault of a cleaning crew, carpet laying company, construction contractor, property landlord, or property management company overseeing medical suites’ leasing and rental. Moreover, faulty furnishings at any business may result from product manufacturers, and construction dangers may be attributable to licensed contractors, construction companies, or governmental entities that oversee construction safety.

Get Answers About Your Public Space Injury Case by Contacting our Pennsylvania Legal Team Today

When you suffer harm in a public place that you would never suspect held dangers, you may feel helpless, especially when you do not know who to contact to pay for your medical bills and other costs resulting from your injuries. You may be frustrated as the trail leading to the negligent parties who caused you harm escapes you, or people, companies, or other entities attempt to deny responsibility. Our Pennsylvania personal injury lawyers are highly familiar with individuals and entities who deny or dodge liability for their negligence. We also fully understand the intricacies of premises liability and personal injury laws that govern how best to approach and successfully handle a case like yours. With vast experience, our attorneys are also well-versed on the intersection of the laws that govern your case, such as product liability law, federal and state tort immunity to governmental entities, and specific Acts that determine liability, exceptions to liability, and procedures for making claims.

While our knowledge can first determine liability in your public place injury matter, our ability to explain who is responsible and why can help you feel less confused and alarmed about your situation. Cohen & Riechelson handles every aspect of the process, from interviewing witnesses to searching official records, tracing property owners, reviewing police reports, filing claims, and negotiating with business and property insurers. Ultimately, our personal injury team is committed to securing the optimal result in your case while also providing you with the relief of knowing that your claim for compensation is in good hands.  Avoid adding stress to your existing injuries by contacting an experienced personal injury attorney at our office at (215) 337-4915 to learn more about your case. We serve the entirety of Pennsylvania, including areas like Oxford Circle, Somerton, Bristol, Langhorne, Yardley, and the Northeast Philadelphia region. Contact us anytime for a free consultation.