Liability For Home Injuries

Summary

In Pennsylvania, you can be sued if someone is injured on your property, but the plaintiff must prove negligence. Key factors include duty of care, breach of duty, and causation. If the injured person was not supposed to be in your home, defenses like trespasser defense, assumption of risk, comparative negligence, and consent may apply. These defenses can potentially reduce or eliminate liability. Consider consulting a local attorney for personalized advice.

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Can I be sued by someone who fell in my bedroom, hit their head and had a stroke?
Hey ****! In Pennsylvania, you can potentially be sued if someone is injured on your property, including in your bedroom. However, the person suing must prove that your negligence directly caused their injury. Key points include:
- Duty of care: Did you ensure a safe environment?
- Breach of duty: Was there a hazardous condition?
- Causation: Did the condition lead to their injury?
Would you like to know more about how negligence is determined in such cases?
yes
In Pennsylvania, negligence is determined by examining several factors:
- Duty of Care: Did you have a responsibility to ensure the area was safe?
- Breach of Duty: Was there a dangerous condition that you failed to address?
- Causation: Did this condition directly cause the injury?
Would you like more detailed information on any of these points?
It was a friend of 20 years. He was not suppose to be in the house. He was supposed to leave shortly after I left but when I returned * hours later he was on the floor unable to move his left arm and left leg.
Case Rating: *
It's important to know if there were any hazards in the bedroom that could have contributed to his fall. Was there anything on the floor or any other unsafe condition present?
No, he had his shorts and underwear around his ankles when I found him.
Case Rating: *
It sounds like a complex situation. Since the person was not supposed to be in your house and the circumstances of finding him are unusual, this may affect the assessment of negligence. Would you like to know more about potential defenses or strategies in such cases?
yes
Case Rating: *
In unusual circumstances like this, potential defenses could include:
- Trespasser Defense: If he wasn't supposed to be there, his status might affect his claim.
- Assumption of Risk: If he knowingly engaged in risky behavior, it might limit liability.
Would you like to explore specific defenses further?
yes
Case Rating: *
In your situation, exploring specific defenses is crucial. Here are two further defenses to consider:
- Comparative Negligence: If the injured person contributed to their own injury, it could reduce or eliminate your liability.
- Consent: If he consented to be in the house and his actions led to the injury, this might limit your liability.
Would you like more information on these defenses or have any other questions?
yes
Case Rating: *
In Pennsylvania, these defenses can be quite relevant. For Comparative Negligence, if your friend was partly responsible for his injury, it might reduce your liability. Consent could apply if he willingly stayed despite known risks. Do you have any specific questions about how these defenses might apply to your case?