Earlier in November, jurors awarded $11.6 million in damages to a former college student who was paralyzed after she fell over 20 feet at an off-campus residence. Lorna Bernhoft was a junior attending the University of Pennsylvania at the time of her injury in 2010, according to details reported by The Philadelphia Inquirer. Bernhoft fell through a raised skylight opening on the fourth floor of a building. Apparently, the opening was covered only by flex board and carpet.
Bernhoft named the building’s owner, as well as student tenants who were aware of the opening, as defendants in her civil suit. Bernhoft’s lawyer explained to members of the media how this case shows:
“There are dangerous defects in rental housing, especially in off-campus housing, and every parent and student should be aware.”
The main issue behind the final ruling involved premises liability. Premises liability holds property owners, landlords, and tenants (residential and commercial) potentially responsible for any accidents and injuries that occur on their property. While some accidents can’t be prevented or predicted, landowners and occupiers are generally responsible for maintaining a reasonably safe environment.
Premises Liability – Similarities between Pennsylvania and Florida Law
The case was heard by a jury in Pennsylvania. Premise liability laws in Pennsylvania are very similar to those in the state of Florida. Several other states also set a similar level of responsibility, depending on the legal status of the visitor, falling into one of three categories:
- Invitee: This refers to someone who is on the premises for business purposes, such as a customer of a retail store; the landlord bears the full responsibility to inspect for dangerous conditions. Owners are essentially held responsible for regular inspections – not knowing about a loose stair or floorboard will not hold up as a defense in civil court.
- Licensee: This applies to on who is on the premises for social purposes, such as a party. A property owner or landlord bears the duty to repair any unsafe conditions as well as an obligation to warn licensees of known dangers if repairs are still pending.
- Trespasser: A trespasser is someone not authorized to be on the property, such as a burglar. If a property owner discovers a trespasser, they do have a duty to warn the trespasser of any known dangers otherwise undetectable through ordinary observation.
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