My 80 year old mother slipped on ice in front of her modular home in Pennsylvania that is in a retirement community and crushed a disc in her back. She is in severe pain. My question is "Is the owner of the land liable?" Since the fall was not within the house that she owns, but on the property, which she rents, can the land owner be sued?
5 Answers from Attorneys
A landowner is liable for defects on his/her property, which cause injury to another. That duty is not absolute, but rather require the landowner to diligently in discovery defects with his property. With ice and snow in PA, it is said that if the same develop into hills and ridges, the landowner has not acted diligently in discovering the defect. Your facts are not sufficient to give a thorough answer on liability. Please also ote that in PAs the statute of limitation for torts is two years.
Most likely. I need morw facts in order to make a proper decision. Please feel free to call to discuss the merits. Of the case
It would appear that the Land owner may have liability in the facts you related. However more information is needed to make a proper evaluation. Again the staute of limitations would play a part on an possibility of pursing a claim. The statute is two years from the date of the incident.
Landowners owe a duty to people on their property, and the degree of that duty is classified by that person's STATUS on the land. If she was there as a renter or someone who does some kind of business, she will be accorded the HIGHEST duty, and the landowner will be liable if they did not inspect the premises and make them safe. Definitely give our offices a call to discuss her recovery and options.
It is quite possible that the landowner would be responsible. I would have to review what, if any agreements were entered into between your grandmother and the landlord as to responsibility for the area in front of her home. Please contact me for a free consultation at one of my 6 locations, or if she cannot travel, I can meet with you and her at her home. They should have been put on notice of a possible claim, and must be addressed before the 2 year statute lapses.