What are the liability issues involved for Pennsylvania business owners when it comes to customers slipping and falling on their property?

As a Pennsylvania business owner, you are responsible for maintaining a safe premises for your customers. This duty of care includes taking reasonable steps to prevent slip and fall accidents. If a customer does suffer an injury from slipping and falling on your property, you could face liability for any damages they incurred.

In Pennsylvania, liability laws for slip and fall accidents are based on the principle of comparative negligence. This means that the court will determine the degree of fault that both the customer and the business owner had in causing the accident. If the business owner is found to be partially or completely responsible for the accident, they may be held liable for damages such as medical expenses, lost wages, and pain and suffering.

However, it is not automatic that a business owner will be held liable for a slip and fall accident on their property. Pennsylvania law provides several defenses that a business owner may use to avoid liability. These defenses include:

• Open and Obvious: If the hazard or danger was open and obvious to the customer, the business owner may be able to argue that they were not negligent in failing to warn or remove the hazard.
• Comparative Negligence: If the customer was partially at fault for the accident, their recovery may be reduced by the percentage of fault attributed to them.
• Notice: If the business owner can show that they did not know, and could not reasonably have known, about the hazardous condition that caused the accident, they may be able to avoid liability.
• Assumption of Risk: If the customer knew about the hazard and voluntarily chose to encounter it, they may be barred from recovering damages from the business owner.

To best protect yourself from potential liability, it is important to take reasonable steps to prevent slip and fall accidents on your property, such as promptly cleaning up spills or snow and ice, properly maintaining walking surfaces, and warning customers of potential hazards. Additionally, it is advisable to carry liability insurance in case an accident does occur. If you do face a lawsuit for a slip and fall accident on your property, it is important to seek the advice of an experienced attorney to help determine your liability and potential defenses.