You are attending a Halloween party at someone's home. You expect to have fun, not get injured because of unsafe conditions. When a homeowner hosts an event and invites you to the location, they owe you a duty of care. That means they should take all possible steps to ensure your safety. When that does not happen, you may be able to seek compensation for the losses you sustain.
We also have to consider social guests and the owner's responsibility for their actions when intoxicated. If you are injured by such a guest, perhaps in a fight or a car accident, you may have rights against the party who threw the event.
At Kwartler Manus, our Philadelphia premises liability attorney becomes your advocate. We will help you understand your rights under Pennsylvania's social host liability laws. Request a free case review now to learn more about what we can do to help you.
What Is a Social Host Liable For?
The state of Pennsylvania has laws that hold those who host parties, gatherings, or other social events liable for accident-related losses. The term "social host" refers to the liability of the property owner when they serve alcohol to another person and that person then goes on to cause harm to someone else. The state does not hold social hosts responsible for the harm caused by an intoxicated guest IF the guest is of the legal drinking age. However, the owner can be held responsible if the individual is a minor. The adult social host may be liable when they knowingly:
- Supply alcohol to someone who is under the legal age to drink
- Allow underage drinkers to drink on the host's property
For example, if a person is served alcohol, and that person gets behind the wheel of their vehicle and causes an accident, the owner could, in some cases, be held responsible for the injuries sustained by the victim if the driver was under the legal age of consumption of alcohol.
First-Party and Third-Party Liability
Pennsylvania law allows for liability in these cases to extend to both the minor and anyone the minor injures. First-party liability means that if the minor is involved in a fall from a balcony because they are intoxicated, the property owner could be liable for the minor's injuries and losses.
In addition, a third party could also seek compensation against the owner if the minor caused their injuries because they were intoxicated. For example, if someone who is falling from a balcony strikes another person, that person can also bring a claim against the property owner.
Social Guest Rules
Pennsylvania premises law defines a social guest. Property owners are also responsible for people they invite into their home for premises liability claims. Social guests are considered licensees. That means the property owner must warn visitors of the risk if they know it exists and must repair or fix the hazard. In these situations, property owners are not required to complete safety inspections.
Some examples of how property owners may be held accountable include:
- Unsafe steps and stairs that lead to falls
- Uneven sidewalks or walkways
- Poor lighting in walkways
- Debris cluttering walkways
- Unsafe conditions at the property from hazardous materials
- Dog attacks and bites
- Falls into pools or from trampolines
- Slip and falls from wet surfaces
These examples show that the property owner should take steps to address any hazards they know are on their property, preventing victims from suffering injuries. Yet, sometimes, that does not happen. In these cases, if the owner knew of the risk or hazard, or should reasonably have known of it, and failed to address it or warn those visiting of the risk, they could be held accountable for the losses suffered by the victim.
Navigating Your Rights After a Premises Liability Claim
In all situations, if you suffer an injury at another person's home, whether it is Halloween or not, you have the right to seek legal guidance. We encourage you to talk to our premises liability attorney in Pennsylvania. Allow us to provide you with a free consultation to review your case and claim. We will:
- Determine what type of responsibility exists for your injuries
- Help you identify all parties responsible for what happened to you
- Build a claim that documents all of your injuries and losses
- Negotiate fair compensation with the at-fault party's insurance or seek a case against them in court for your losses
- Pursue a trial if a settlement cannot be reached
With an experienced attorney, you will have a clear understanding of your rights and risks. Do not assume that you cannot recover damages in these critical cases.
Speak to Our Premises Liability Attorney Today
Set up a free case review with our premises liability attorneys. Kwartler Manus provides support to those injured by others' negligence. Reach out to us to discuss your rights under the state's laws. They can help you determine what, if any, course of action you can take. The sooner you speak with a lawyer, the sooner you can get back to a normal life.
Sources
- LIABILITY FOR ACCIDENTS Please be advised that it is the Pennsylvania State Police, Bureau of Liquor Control Enforcement (BLCE),
https://www.pa.gov/content/dam/copapwp-pagov/en/lcb/documents/legal/documents/legal_faqs_liability_for_accidents.pdf
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