Premises Liability (Slip and Fall) Claims and Defenses
Premises liability causes of action are essentially negligence claims that have peculiar defenses and other considerations that a claimant should be aware of when pursuing litigation for their injury. Usually found in a “slip and fall” context, premises liability claims involves holding a property owner or occupier responsible for injuries that occur on their property due to unsafe conditions that the property owner was aware of or should have been aware of. To establish a claim, like any negligence claim, the plaintiff must demonstrate that the defendant (1) owed a duty of care, (2) breached that duty, (3) the breach caused the injury, and (4) actual damages resulted. The nature of the duty owed depends on the relationship between the parties, such as whether the plaintiff was a business invitee, licensee, or trespasser. Phillips v. Cricket Lighters, 576 Pa. 644. A trespasser, for instance, does not have the same rights as a business invitee or a licensee would have in pursuing a claim of negligence against a property owner.
Specifically, for business invitees, the plaintiff must show that the property owner either created the dangerous condition or had actual or constructive notice of it. Phillips v. Cricket Lighters, 576 Pa. 644, Toro v. Fitness Int'l Llc, 2016 PA Super 243. In the most common example, a person who slips and falls at a business due to a hazard located at the business (a puddle of water, an object in the way, etc.) may be entitled to pursue a cause of action against the business especially if notice of the hazard can be proven.
There are quite a few common defenses to premises liability claims that may limit or, in extreme circumstances, bar claims of recovery for premises liability claims and those who may have suffered injury for a slip and fall. The first one being the plaintiff's contributory negligence, where the plaintiff's own unreasonableness contributed to or caused the injury. As an example, if a plaintiff was wearing flip flops (poor footing), was talking on a cell phone (not paying attention to her surroundings), or was rummaging through her purse prior to the fall, a savvy defense attorney may use that as an argument that the plaintiff was responsible for their own injuries.
Another defense is assumption of the risk of injury or waiver/release. If the plaintiff assumed a somewhat likely injury due to their own conduct, the damages they claim may be precluded. As an example here, if a plaintiff slips and falls at a waterpark, the defense may (successfully) argue that the plaintiff assumed the risk that, in a waterpark, they could fall and injure themselves due to presumed slippery conditions. In another example, a gym-goer-invitee injures themselves on an otherwise functioning exercise machine – the law may not allow that hypothetical gym goer to sue a gym because the plaintiff should have assumed that engaging in strenuous activities using machines may cause injury. It is very common to have parks, gyms, and other establishments require individuals to sign contracts or membership agreements prior to entry. These contracts usually have a release and waiver of liability affixed to them, which may preclude any recovery in the event of an injury. Courts are reluctant to dissolve contract except in the most extreme of circumstances such as blatant fraud, duress, or for public policy reasons.
The third and most utilized defense is that the defendant was not aware of the dangerous condition prior to that condition causing injury to the plaintiff. As stated, a key element of a premises liability claim is that the defendant was aware (actually or constructively) of the dangerous condition. As an example, a patron at a grocery store spills a gallon of milk on the floor by accident. A litigant, simultaneously walking by, happens to slip and fall on that milk spill. If the litigant were to try and sue the grocery store for negligence/premises liability, they would run into problems - because the defendant grocery store was not aware of the hazard and/or had no reasonable time to attempt to clean it up, they would probably be let out of the case.
If you are pursuing a slip and fall claim, you need to be prepared to meet these defenses to maximize recovery and preserve your claim for damages.
