Usually, there are two claims involved in injury liability cases against hotels, malls and stores: negligent security due to crime and negligent maintenance leading to a fall down accident. To learn more about business liability for fall down accidents in Pennsylvania, click here. In addition, another less common claim involves a situation where an employee assaults a guest or customer.
Under Pennsylvania law, those who are injured due to criminal conduct may be able to recover reasonable financial compensation for medical bills, time lost from work as well as the pain and suffering caused by the crime. This can be accomplished by filing a civil lawsuit against the business for failing to provide reasonable security. However, in order to succeed in such a case, the hotel, mall or store must have committed negligence which led to the crime.
Pennsylvania Law – Liability of Hotels, Malls and Stores
In Pennsylvania, businesses which are held open to the public owe the highest duty under the law to provide a reasonably safe environment for their guests and customers. That’s because under Pennsylvania law, guests and customers are considered “business invitees” – people invited to the property for the benefit of the store or hotel.
The duty to take reasonable care of the property also includes a duty to conduct reasonable inspections of the property to discover dangerous conditions. This duty is slightly different than the duty owed to a licensee – someone who is on the property with the owner’s permission (i.e., a utility worker or delivery person). For licensees, the property must be in a reasonably safe condition and owners must warn of known dangers. Read more about businesses and the different duties owed under Pennsylvania business accident liability law.
Businesses like hotels, malls and stores must provide reasonable security when it comes to criminal conduct. What is reasonable depends on the circumstances and facts of each case. A business which fails to provide adequate security may be liable to a hotel guest or store customer who is injured as a result of criminal conduct.
For example, a store located in an area of high crime may have a duty to provide adequate lighting and/or security guards in its parking lot, especially at night. Failure to do so may result in liability if a customer is robbed or assaulted in the parking lot.
- New Jersey Store & Business Liability for Crimes Committed Against Customers
- Landlord Liability for Negligent Security at Apartment Complexes and Buildings in Pennsylvania and New Jersey
Philadelphia Hotel, Mall and Store Liability Lawyers
If you’ve been injured due to criminal conduct at a hotel, mall or store and would like to discuss your case with one of our crime victims injury lawyers, call Click To Call. Our lawyers are available for a free, no obligation legal consultation, and can obtain special admission in other states, such as New York or Delaware, on a case by case basis.
**This website does not provide legal advice. Every case is unique and it is crucial to get a qualified, expert legal opinion prior to making any decisions about your case. See the full disclaimer at the bottom of this page.