Slip and Fall Lawsuit Lawsuit in Pennsylvania

Pennsylvania applies the Restatement (Second) of Torts framework to premises liability. Business invitees are owed the highest duty: the possessor must exercise reasonable care to inspect the premises, discover dangerous conditions, and warn or protect invitees. Licensees are owed a duty to warn of known dangers that the licensee would not reasonably discover and to exercise reasonable care in active operations on the premises. Trespassers are owed only a duty to refrain from willful and wanton misconduct, subject to the discovered trespasser exception. Pennsylvania retains the traditional tripartite classification and has not adopted the single unified standard used in some other states.

Pennsylvania's statute of limitations for personal injury is two years from the date of injury under 42 Pa.C.S. § 5524. Claims against Commonwealth agencies are governed by the Sovereign Immunity Act, 42 Pa.C.S. § 8521 et seq.; claims against local government agencies are governed by the Political Subdivision Tort Claims Act, 42 Pa.C.S. § 8541 et seq. Government entities retain broad sovereign immunity, with waiver only for enumerated categories of negligence including dangerous condition of Commonwealth agency real estate. Plaintiffs must provide written notice of their claim to the government agency within six months of the incident as a condition precedent.

Pennsylvania follows a modified comparative fault system with a 51% bar under 42 Pa.C.S. § 7102. A plaintiff who is 50% or less at fault may recover damages reduced by their percentage of fault. A plaintiff found more than 50% responsible for their own injury is barred from recovery entirely. Pennsylvania applies joint and several liability when defendants act in concert; for other situations, liability is several-only for defendants whose fault is 60% or less, while defendants found more than 60% at fault remain jointly and severally liable.

Pennsylvania's hills and ridges doctrine provides a significant defense in ice and snow slip-and-fall cases. A property owner is not liable for injuries caused by the general slippery condition of walkways during winter weather unless the snow and ice has accumulated in an unreasonable manner or has formed into ridges or elevations that present unreasonable risk of harm. This doctrine reflects the recognition that it is impractical to maintain perfectly clear surfaces during ongoing winter precipitation. The doctrine does not apply to artificial accumulations of ice caused by drainage defects or prior negligent snow removal.