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Landlord Negligence

Landlords in Pennsylvania are expected to maintain property that is safe for all of their tenants and other visitors. A landlord is not legally obligated to eliminate dangerous conditions on every area of his or her property, but common areas such as lobbies, hallways, stairwells, and parking lots.

Landlords can be considered either “in possession” if they have control over a portion of their rented property or “out of possession” if they do not retain any control. As the Pennsylvania Supreme Court noted in Henze v. Texaco, Inc., an out of possession landlord who leases his or her entire property can still be liable if:

  • He or she as reserved control over a defective portion of the demised premises
  • The demised premises are so dangerously constructed that the premises are a nuisance per se
  • He or she has knowledge of a dangerous condition existing on the demised premises at the time of transferring possession and fails to disclose the condition to the lessee
  • He or she leases the property for a purpose involving the admission of the public and he neglects to inspect for or repair dangerous conditions existing on the property before possession is transferred to the lessee
  • He or she undertakes to repair the demised premises and negligently makes the repairs
  • He or she fails to make repairs after having been given notice of and a reasonable opportunity to remedy a dangerous condition existing on the leased premises

Tenants, guests, or other lawful visitors can sustain severe or even fatal injuries because of a landlord’s negligence. This may include broken bones or catastrophic injuries from slip and falls, but it can also include being attacked by individuals who gain access to apartment complexes or rental properties because of negligent security or a failure to warn tenants of known criminal activity.

Landlords will seek any loophole to avoid liability for accidents that occur on their properties. They may claim that they were unaware of dangerous conditions. Most landlords have insurance companies ready to argue that the actions of victims contributed to or directly caused their own injuries.

If you sustained serious injuries or your loved one was killed because of a landlord’s negligence, the premises liability attorneys at Ciccarelli Law Offices will work as a team to investigate the circumstances of your accident and hold all liable parties accountable. Our firm represents clients on a contingency fee basis, which means that we only get paid if you receive financial compensation.

Call (610) 719-3190 today to have our Chester County landlord accident lawyers review your case during a free consultation. We have office locations in West Chester, Malvern, Plymouth Square, Philadelphia, Radnor, Kennett Square, King of Prussia, and Lancaster.