Pennsylvania Federal Court Reinforces Constructive Notice Requirements in Retail Slip-and-Fall Litigation
A federal court granted summary judgment for a retailer, emphasizing the plaintiff’s failure to establish “constructive notice.” Without specific evidence of hazard duration, plaintiffs cannot meet the high evidentiary bar under Pennsylvania law.
Homeowner Negligence: $1.25 Million Settlement for Minor in Dog Attack Case
A major settlement reached for a minor injured on a neighboring property. The case involved failure to secure an aggressive animal, combining Pennsylvania’s “Dog Law” with common law negligence regarding “vicious propensity.”
District Court Applies Assumption of Risk to Outdoor Recreational Premises
Summary judgment was granted for vacation rental owners after a guest tripped in snowy terrain. The court ruled the hazards were “open and obvious,” clarifying that natural, undeveloped land need not be made safe for those leaving marked trails.
Supreme Court
Simone v. Alam: Possession & Control vs. Title
The PA Supreme Court ruled that a co-owner not exercising possession or control is not an “indispensable party” in liability lawsuits. This critical decision roots liability in actual management rather than simple property title, simplifying litigation and preventing defendants from using “missing” co-owners to avoid responsibility.
Impact: Streamlines slip-and-fall cases against multi-owner rental properties.
$12 Million Settlement: Fatal Construction Fall Highlighting Protection Negligence
A record settlement approved in Pittman v. Hercules Cement Co. LLC for an ironworker who fell 23 feet. The case underscores owner liability when control is retained over worksites and safety protocols (OSHA) fail.
Disclaimer: The premises liability summaries provided above are for informational purposes based on public news records available for Pennsylvania (PA). The information provided is gathered from public news sources. It does not constitute legal advice. For specific legal guidance regarding an incident, please consult with a qualified professional.
