{"id":16197,"date":"2026-10-28T18:48:37","date_gmt":"2026-10-28T23:48:37","guid":{"rendered":"https:\/\/www.myphillylawyer.com\/areas-served\/bensalem\/bensalem-pa-premises-liability-attorney\/"},"modified":"2026-10-28T19:24:00","modified_gmt":"2026-10-29T00:24:00","slug":"bensalem-pa-premises-liability-attorney","status":"publish","type":"page","link":"https:\/\/www.myphillylawyer.com\/yue\/areas-served\/bensalem\/bensalem-pa-premises-liability-attorney\/","title":{"rendered":"Bensalem PA Premises Liability Attorney"},"content":{"rendered":"\n<p class=\"wp-block-paragraph\">Every year, people are seriously hurt on properties across Bensalem, Pennsylvania, from the busy parking lots near Neshaminy Mall to the hotel corridors along Street Road (Route 132), to the casino floors at Parx, to the retail strips along Bristol Pike. A wet floor, a broken staircase, a poorly lit parking garage \u2014 any of these hazards can send someone to the emergency room in seconds. When that happens, the question isn&#8217;t just how badly you&#8217;re hurt. The question is who is legally responsible. If you or someone you love was injured on another person&#8217;s property in Bensalem, a <a href=\"https:\/\/www.myphillylawyer.com\/\">Philadelphia personal injury lawyer<\/a> at MyPhillyLawyer can help you understand your rights and fight for the compensation you deserve. Call us at (215) 227-2727 to speak with our team today.<\/p>\n\n\n\n<h2 class=\"wp-block-heading\">Table of Contents<\/h2>\n\n\n\n<ul class=\"wp-block-list\">\n<li><a href=\"#what-pennsylvania-premises-liability-law-means-for-bensalem-residents\">What Pennsylvania Premises Liability Law Means for Bensalem Residents<\/a><\/li>\n<li><a href=\"#how-pennsylvania-classifies-visitors-and-why-your-status-matters\">How Pennsylvania Classifies Visitors and Why Your Status Matters<\/a><\/li>\n<li><a href=\"#proving-negligence-in-a-bensalem-premises-liability-case\">Proving Negligence in a Bensalem Premises Liability Case<\/a><\/li>\n<li><a href=\"#pennsylvanias-comparative-negligence-law-and-how-it-affects-your-recovery\">Pennsylvania&#8217;s Comparative Negligence Law and How It Affects Your Recovery<\/a><\/li>\n<li><a href=\"#damages-you-can-recover-and-the-filing-deadline-in-pennsylvania\">Damages You Can Recover and the Filing Deadline in Pennsylvania<\/a><\/li>\n<li><a href=\"#faqs-about-bensalem-pa-premises-liability\">FAQs About Bensalem PA Premises Liability<\/a><\/li>\n<\/ul>\n\n\n\n<h2 class=\"wp-block-heading\" id=\"what-pennsylvania-premises-liability-law-means-for-bensalem-residents\">What Pennsylvania Premises Liability Law Means for Bensalem Residents<\/h2>\n\n\n\n<p class=\"wp-block-paragraph\">Premises liability is the area of Pennsylvania law that holds property owners and occupiers legally responsible for injuries caused by dangerous conditions on their property. It covers everything from slip and fall accidents at a grocery store on Hulmeville Road to swimming pool injuries at a private residence, to inadequate security at a commercial venue near the Pennsylvania Turnpike interchange.<\/p>\n\n\n\n<p class=\"wp-block-paragraph\">The core principle is straightforward. Property owners in Pennsylvania have a legal duty to keep their premises reasonably safe for visitors. When they fail that duty, and someone is hurt as a result, the injured person has the right to seek financial compensation for their losses.<\/p>\n\n\n\n<p class=\"wp-block-paragraph\">Importantly, a property owner is not automatically liable every time someone gets hurt on their land. Pennsylvania law asks a specific question: did the owner act reasonably? That means fixing hazards they knew about, inspecting for hidden dangers, and warning visitors of risks that could not be immediately corrected. If the answer is no, liability can follow.<\/p>\n\n\n\n<p class=\"wp-block-paragraph\">These claims can arise at commercial properties, apartment complexes, private homes, public parks, and even government-owned spaces. Bensalem sits in Bucks County, and cases filed here are typically handled through the Bucks County Court of Common Pleas, located at 55 East Court Street in Doylestown, Pennsylvania. Understanding the local court system is part of building a solid case from the start.<\/p>\n\n\n\n<p class=\"wp-block-paragraph\">Premises liability covers a wide range of accidents. Slip and falls, dog bites, negligent security incidents, elevator and escalator malfunctions, swimming pool accidents, and hotel injuries all fall under this legal umbrella. Each type of claim carries its own facts and legal considerations, but they all share the same foundation: a property owner&#8217;s failure to meet their duty of care.<\/p>\n\n\n\n<h2 class=\"wp-block-heading\" id=\"how-pennsylvania-classifies-visitors-and-why-your-status-matters\">How Pennsylvania Classifies Visitors and Why Your Status Matters<\/h2>\n\n\n\n<p class=\"wp-block-paragraph\">Your legal status at the time of your injury directly controls what duty the property owner owed you. Pennsylvania law divides all visitors into three categories: invitees, licensees, and trespassers. The category you fall into determines how strong your claim is and what the property owner was legally required to do to protect you.<\/p>\n\n\n\n<p class=\"wp-block-paragraph\">Invitees receive the highest level of protection under Pennsylvania law. An invitee is someone who enters property for a purpose that benefits the owner, most commonly a business customer. If you were shopping at a store in the Neshaminy Mall area, dining at a restaurant on Street Road, or staying at a hotel near the Pennsylvania Turnpike, you were an invitee. Property owners owe invitees a duty to regularly inspect the property for hazards, fix dangerous conditions, and warn visitors of any risks that cannot be immediately repaired. Under the Restatement (Second) of Torts Section 343, which Pennsylvania courts follow, a property owner is liable to an invitee if the owner knew or should have discovered the dangerous condition through reasonable care, and failed to protect the invitee against it.<\/p>\n\n\n\n<p class=\"wp-block-paragraph\">Licensees are social guests or others who enter with permission but for their own purposes rather than the owner&#8217;s benefit. A friend visiting your home for dinner is a licensee. Property owners must warn licensees of known hidden dangers, but they do not have the same duty to inspect for unknown hazards as they do for invitees.<\/p>\n\n\n\n<p class=\"wp-block-paragraph\">Trespassers enter without permission and receive the least protection. Pennsylvania law generally requires only that property owners refrain from willful or wanton misconduct toward trespassers. There is one important exception: the attractive nuisance doctrine. Under this doctrine, property owners may be liable for injuries to child trespassers when the property contains a condition likely to attract children, such as an unfenced swimming pool or construction equipment.<\/p>\n\n\n\n<p class=\"wp-block-paragraph\">Knowing your visitor status is the first step in evaluating your claim. Most of the strongest premises liability cases involve invitees who were hurt by hazards the property owner should have caught and fixed.<\/p>\n\n\n\n<h2 class=\"wp-block-heading\" id=\"proving-negligence-in-a-bensalem-premises-liability-case\">Proving Negligence in a Bensalem Premises Liability Case<\/h2>\n\n\n\n<p class=\"wp-block-paragraph\">Proving that you were hurt on someone else&#8217;s property is not enough on its own. To win a premises liability case in Pennsylvania, you must prove that the property owner was negligent. Negligence means the owner failed to act with the level of care that a reasonable person would have used in the same situation.<\/p>\n\n\n\n<p class=\"wp-block-paragraph\">There are four elements you must establish. First, the property owner owed you a duty of care. This duty is defined by your visitor status, as explained above. Second, the owner breached that duty. This means they knew or should have known about a dangerous condition but failed to fix it or provide adequate warning. Third, that breach directly caused your injury. Fourth, you suffered actual damages as a result, including medical bills, lost income, or pain and suffering.<\/p>\n\n\n\n<p class=\"wp-block-paragraph\">One key concept in Pennsylvania premises liability law is notice. For an invitee claim, you generally must show that the property owner either created the hazardous condition, had actual knowledge of it, or had constructive notice, meaning the condition existed long enough that a reasonable inspection would have discovered it. For example, if a spill on a grocery store floor sat unattended for an extended period before you slipped, that timing is evidence that the store had constructive notice of the hazard.<\/p>\n\n\n\n<p class=\"wp-block-paragraph\">Evidence is everything in these cases. Surveillance footage, incident reports, witness statements, maintenance logs, and photographs of the scene all help establish what the property owner knew and when they knew it. Acting quickly after an injury is critical because evidence disappears fast. Surveillance footage gets overwritten, witnesses move on, and conditions get repaired without documentation.<\/p>\n\n\n\n<p class=\"wp-block-paragraph\">Common dangerous conditions in Bensalem premises liability cases include wet or slippery floors, broken or uneven pavement, missing or defective stair railings, poor lighting in parking lots and stairwells, and inadequate security measures at commercial properties.<\/p>\n\n\n\n<h2 class=\"wp-block-heading\" id=\"pennsylvanias-comparative-negligence-law-and-how-it-affects-your-recovery\">Pennsylvania&#8217;s Comparative Negligence Law and How It Affects Your Recovery<\/h2>\n\n\n\n<p class=\"wp-block-paragraph\">Pennsylvania follows a modified comparative negligence rule under 42 Pa. C.S.A. Section 7102. This law allows you to recover compensation even if you were partially at fault for your own injury, but with important limits.<\/p>\n\n\n\n<p class=\"wp-block-paragraph\">Under Section 7102, your damages are reduced in proportion to your share of fault. If a jury finds that you were 20 percent responsible for your accident and your total damages are $100,000, you would receive $80,000. The reduction matches your percentage of fault.<\/p>\n\n\n\n<p class=\"wp-block-paragraph\">The hard limit is 50 percent. If you are found to be more than 50 percent at fault for your own injury, you recover nothing. This is why property owners and their insurance companies often try to shift blame onto the injured person. They argue that you weren&#8217;t paying attention, that you ignored obvious warning signs, or that you were in an area you shouldn&#8217;t have been.<\/p>\n\n\n\n<p class=\"wp-block-paragraph\">When multiple defendants share responsibility, Section 7102 also addresses how liability is divided. Each defendant is generally liable for their proportionate share of the total damages. However, under Section 7102(a.1)(3), joint and several liability applies when a defendant is found to be at least 60 percent at fault. In that situation, that defendant can be held responsible for the full amount of the judgment, regardless of what other parties owe.<\/p>\n\n\n\n<p class=\"wp-block-paragraph\">Insurance adjusters know these rules well. They use them to minimize what they pay. Having legal representation levels the playing field and ensures that your percentage of fault is not inflated by the other side.<\/p>\n\n\n\n<h2 class=\"wp-block-heading\" id=\"damages-you-can-recover-and-the-filing-deadline-in-pennsylvania\">Damages You Can Recover and the Filing Deadline in Pennsylvania<\/h2>\n\n\n\n<p class=\"wp-block-paragraph\">A successful premises liability claim in Bensalem can result in compensation for a wide range of losses. Pennsylvania law recognizes both economic and non-economic damages in personal injury cases.<\/p>\n\n\n\n<p class=\"wp-block-paragraph\">Economic damages include past and future medical expenses, such as emergency room treatment, surgery, hospitalization, physical therapy, and prescription medications. They also include lost wages during your recovery and lost earning capacity if your injuries prevent you from returning to your previous work. In the most serious cases, including traumatic brain injuries, spinal cord injuries, or severe burn injuries, future care costs can be substantial and must be carefully calculated with the help of medical and financial professionals.<\/p>\n\n\n\n<p class=\"wp-block-paragraph\">Non-economic damages cover the human side of your losses. Physical pain, emotional distress, anxiety, depression, and a diminished quality of life are all recognized forms of harm under Pennsylvania law. These damages do not come with a price tag, but they are real and they matter.<\/p>\n\n\n\n<p class=\"wp-block-paragraph\">In wrongful death cases, where a loved one died as a result of a property owner&#8217;s negligence, Pennsylvania&#8217;s Wrongful Death Act under 42 Pa. C.S. Section 8301 allows surviving family members to seek compensation for medical and funeral expenses, as well as the financial support the deceased would have provided.<\/p>\n\n\n\n<p class=\"wp-block-paragraph\">The filing deadline for premises liability claims in Pennsylvania is set by 42 Pa. C.S. Section 5524, which establishes a two-year statute of limitations for personal injury cases. This means you have two years from the date of your injury to file a lawsuit. If you miss this deadline, you lose your right to seek compensation in court, no matter how strong your case is. There are limited exceptions, but they are narrow and fact-specific. Do not wait to get legal advice.<\/p>\n\n\n\n<p class=\"wp-block-paragraph\">If your injuries are serious, call MyPhillyLawyer at (215) 227-2727 or Toll Free: 866-352-4572. Our office serves clients throughout Bensalem and the greater Philadelphia region. We want to hear what happened to you and help you understand your options.<\/p>\n\n\n\n<h2 class=\"wp-block-heading\" id=\"faqs-about-bensalem-pa-premises-liability\">FAQs About Bensalem PA Premises Liability<\/h2>\n\n\n\n<h3 class=\"wp-block-heading\">What is the difference between a premises liability claim and a general negligence claim?<\/h3>\n\n\n\n<p class=\"wp-block-paragraph\">Premises liability is a specific type of negligence claim that applies when someone is injured due to a dangerous condition on another person&#8217;s property. General negligence covers a broader range of situations where someone fails to act with reasonable care. In a premises liability case, the duty of care owed to the injured person depends on their legal status as an invitee, licensee, or trespasser at the time of the accident. This visitor classification system is unique to premises liability and sets it apart from other negligence claims.<\/p>\n\n\n\n<h3 class=\"wp-block-heading\">Can I still file a claim if I was partially at fault for my injury in Bensalem?<\/h3>\n\n\n\n<p class=\"wp-block-paragraph\">Yes, in most cases. Pennsylvania&#8217;s comparative negligence law under 42 Pa. C.S.A. Section 7102 allows you to recover compensation as long as you were not more than 50 percent responsible for your own injury. Your damages will be reduced by your percentage of fault. For example, if you were found 25 percent at fault and your damages totaled $80,000, you would recover $60,000. The key is that your share of fault must not exceed the property owner&#8217;s share.<\/p>\n\n\n\n<h3 class=\"wp-block-heading\">How long do I have to file a premises liability lawsuit in Pennsylvania?<\/h3>\n\n\n\n<p class=\"wp-block-paragraph\">Pennsylvania law gives you two years from the date of your injury to file a premises liability lawsuit, under 42 Pa. C.S. Section 5524. This deadline is strict. If you miss it, you will almost certainly lose your right to seek compensation through the courts. There are very limited exceptions, such as cases involving minors or delayed discovery of an injury. Because exceptions are narrow, it is best to consult with an attorney as soon as possible after your accident.<\/p>\n\n\n\n<h3 class=\"wp-block-heading\">Who can be held liable for a premises liability injury in Bensalem?<\/h3>\n\n\n\n<p class=\"wp-block-paragraph\">Liability can fall on any party who owned, leased, managed, or otherwise controlled the property where the injury occurred. This can include the property owner, a business tenant, a property management company, or a maintenance contractor. In some cases, multiple parties share responsibility. For instance, if you were hurt in a commercial building in Bensalem, both the building owner and the business operating inside could potentially be liable, depending on who had control over the dangerous condition that caused your injury.<\/p>\n\n\n\n<h3 class=\"wp-block-heading\">What should I do immediately after being injured on someone else&#8217;s property in Bensalem?<\/h3>\n\n\n\n<p class=\"wp-block-paragraph\">Report the accident to the property owner or manager right away and request that a written incident report be created. Seek medical attention immediately, even if your injuries seem minor at first. Document everything you can: photograph the hazard, the scene, and your injuries. Collect the names and contact information of any witnesses. Do not give a recorded statement to the property owner&#8217;s insurance company before speaking with an attorney. Evidence in these cases can disappear quickly, so acting fast protects your ability to build a strong claim.<\/p>\n\n\n\n<script type=\"application\/ld+json\">{\"@context\":\"https:\/\/schema.org\",\"@type\":\"FAQPage\",\"mainEntity\":[{\"@type\":\"Question\",\"name\":\"What is the difference between a premises liability claim and a general negligence claim?\",\"acceptedAnswer\":{\"@type\":\"Answer\",\"text\":\"Premises liability is a specific type of negligence claim that applies when someone is injured due to a dangerous condition on another person's property. General negligence covers a broader range of situations where someone fails to act with reasonable care. In a premises liability case, the duty of care owed to the injured person depends on their legal status as an invitee, licensee, or trespasser at the time of the accident. 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Evidence in these cases can disappear quickly, so acting fast protects your ability to build a strong claim.\"}}]}<\/script>\n\n\n<h2 class=\"wp-block-heading\">More Resources About Premises Liability<\/h2>\n\n\n\n<ul class=\"wp-block-list\">\n<li><a href=\"https:\/\/www.myphillylawyer.com\/areas-served\/bensalem\/neshaminy-mall-slip-and-fall-lawyer\/\">Neshaminy Mall Slip and Fall Lawyer<\/a><\/li>\n<li><a href=\"https:\/\/www.myphillylawyer.com\/areas-served\/bensalem\/parx-casino-accident-lawyer\/\">Parx Casino Accident Lawyer<\/a><\/li>\n<li><a href=\"https:\/\/www.myphillylawyer.com\/areas-served\/bensalem\/bensalem-pa-dog-bite-lawyer\/\">Bensalem PA Dog Bite Lawyer<\/a><\/li>\n<li><a href=\"https:\/\/www.myphillylawyer.com\/areas-served\/bensalem\/bensalem-pa-hotel-accident-lawyer\/\">Bensalem PA Hotel Accident Lawyer<\/a><\/li>\n<li><a href=\"https:\/\/www.myphillylawyer.com\/areas-served\/bensalem\/bensalem-pa-swimming-pool-accident-lawyer\/\">Bensalem PA Swimming Pool Accident Lawyer<\/a><\/li>\n<li><a href=\"https:\/\/www.myphillylawyer.com\/areas-served\/bensalem\/bensalem-pa-elevator-and-escalator-accident-lawyer\/\">Bensalem PA Elevator and Escalator Accident Lawyer<\/a><\/li>\n<li><a href=\"https:\/\/www.myphillylawyer.com\/areas-served\/bensalem\/bensalem-pa-negligent-security-lawyer\/\">Bensalem PA Negligent Security Lawyer<\/a><\/li>\n<li><a href=\"https:\/\/www.myphillylawyer.com\/areas-served\/bensalem\/slip-and-fall-lawyer\/\">Slip And Fall Lawyer<\/a><\/li>\n<\/ul>\n","protected":false},"excerpt":{"rendered":"<p>Every year, people are seriously hurt on properties across Bensalem, Pennsylvania, from the busy parking lots near Neshaminy Mall to the hotel corridors along Street Road (Route 132), to the casino floors at Parx, to the retail strips along Bristol Pike. A wet floor, a broken staircase, a poorly lit parking garage \u2014 any of&hellip;<\/p>","protected":false},"author":18,"featured_media":0,"parent":9671,"menu_order":0,"comment_status":"closed","ping_status":"closed","template":"","meta":{"_acf_changed":false,"_jetpack_hide_featured_image":false,"_jetpack_featured_image_duplicate_dismissed":0,"footnotes":""},"class_list":["post-16197","page","type-page","status-publish","hentry"],"acf":[],"jetpack_sharing_enabled":true,"_links":{"self":[{"href":"https:\/\/www.myphillylawyer.com\/yue\/wp-json\/wp\/v2\/pages\/16197","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.myphillylawyer.com\/yue\/wp-json\/wp\/v2\/pages"}],"about":[{"href":"https:\/\/www.myphillylawyer.com\/yue\/wp-json\/wp\/v2\/types\/page"}],"author":[{"embeddable":true,"href":"https:\/\/www.myphillylawyer.com\/yue\/wp-json\/wp\/v2\/users\/18"}],"replies":[{"embeddable":true,"href":"https:\/\/www.myphillylawyer.com\/yue\/wp-json\/wp\/v2\/comments?post=16197"}],"version-history":[{"count":1,"href":"https:\/\/www.myphillylawyer.com\/yue\/wp-json\/wp\/v2\/pages\/16197\/revisions"}],"predecessor-version":[{"id":16253,"href":"https:\/\/www.myphillylawyer.com\/yue\/wp-json\/wp\/v2\/pages\/16197\/revisions\/16253"}],"up":[{"embeddable":true,"href":"https:\/\/www.myphillylawyer.com\/yue\/wp-json\/wp\/v2\/pages\/9671"}],"wp:attachment":[{"href":"https:\/\/www.myphillylawyer.com\/yue\/wp-json\/wp\/v2\/media?parent=16197"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}