The Americans with Disabilities Act (ADA) plays a key role in keeping public spaces accessible and safe, particularly for individuals with disabilities. In Pennsylvania, businesses and property owners are legally required to ensure their facilities meet ADA standards. When properties fall short, resulting in inaccessible or unsafe conditions, individuals who suffer injuries may have grounds for a premises liability claim. Statistics from the National Safety Council highlight that slip and fall accidents account for over 6.9 million emergency room visits each year. For people with disabilities, the risks are even greater when facilities do not meet ADA requirements.

If you or someone close to you has been injured in Pennsylvania due to ADA non-compliance, you have the right to pursue compensation. Property owners are obligated to create accessible environments, and negligence in this duty can lead to serious injuries, from falls to mobility impairments. Knowing your rights and the process for filing a premises liability claim can be essential to obtaining the compensation needed for medical expenses, lost income, and other related damages.

This article will walk you through the steps of filing a claim, the types of compensation available, and ways to hold negligent property owners accountable in Pennsylvania.

What Is a Premises Liability Claim Under the ADA in Pennsylvania?

A premises liability claim under the Americans with Disabilities Act (ADA) in Pennsylvania is a legal action taken by an individual who has suffered an injury on a property that failed to meet the accessibility standards set forth by the ADA. The ADA requires public spaces—such as businesses, government buildings, and educational institutions—to be accessible and safe for people with disabilities. This includes features like accessible entrances, ramps, clear signage, properly maintained walkways, and adequate lighting. When these standards are not upheld, property owners may be held liable if someone is injured due to these oversights.

In Pennsylvania, premises liability claims specifically under the ADA involve proving that the property owner’s negligence in maintaining ADA-compliant facilities directly caused the injury. For example, if a building lacks a functioning elevator or accessible restroom, or if an entrance ramp is damaged or obstructed, people who rely on these features may be at a higher risk of falls, mobility-related accidents, or other injuries. Victims of such injuries can pursue a premises liability claim to seek compensation for damages.

To successfully file an ADA-related premises liability claim, the injured party must demonstrate that the property owner had a duty to maintain ADA-compliant facilities, that they breached this duty by failing to provide proper accommodations, and that this failure directly led to the injury. Navigating these claims can be complex, as it often requires evidence of the specific ADA violations and proof that these violations directly contributed to the accident. Working with a Pennsylvania attorney who specializes in ADA compliance and premises liability can help victims build a strong case to hold property owners accountable and seek the compensation they deserve.

What Are the Common ADA Violations That Lead to Premises Liability Claims in Pennsylvania?

Common ADA violations that lead to premises liability claims in Pennsylvania often involve property owners failing to provide accessible and safe conditions for individuals with disabilities. These violations can range from a lack of essential, accessible features to improperly maintained facilities, both of which put disabled individuals at risk of injury. Below are some of the most frequent ADA violations that can lead to premises liability claims:

• Lack of Accessible Entrances: Businesses and public facilities must provide accessible entrances, such as ramps or automatic doors, to ensure individuals with mobility challenges can enter without assistance. If a property lacks accessible entryways or if ramps are too steep or in disrepair, those relying on these features may experience difficulty entering the premises or may even face risks of falls or other injuries.
• Improperly Maintained Walkways and Ramps: Even if ramps and walkways are installed, they need regular maintenance to remain safe. Cracks, uneven surfaces, and blocked pathways can make it difficult for wheelchair users, individuals using walkers, or those with visual impairments to navigate. Uneven pavement and lack of proper maintenance can lead to serious slip-and-fall or trip-and-fall injuries.
• Inaccessible Restrooms: ADA guidelines require public facilities to have accessible restrooms equipped with features like grab bars, adequate space for wheelchairs, and properly positioned sinks and dispensers. When restrooms fail to meet these standards, individuals with disabilities may risk injury while attempting to use the facilities. In some cases, businesses may lack accessible restrooms altogether, which is a clear ADA violation.
• Insufficient Lighting: Proper lighting is imperative, particularly in stairwells, parking lots, and walkways, as it helps individuals with visual impairments safely navigate public spaces. Poor lighting can make it difficult to identify steps, obstacles, or changes in elevation, increasing the likelihood of falls and injuries. Insufficient lighting in areas like accessible parking spots can also make it challenging for people to enter or exit their vehicles safely.
• Obstructed Pathways: ADA guidelines mandate that pathways be free of obstacles, allowing individuals with wheelchairs, canes, or other mobility devices to move through spaces without obstruction. Property owners who place furniture, displays, or equipment in walkways can inadvertently block access, posing a risk of falls or collisions for people trying to navigate the area.
• Inadequate Signage: Clear signage is essential to help those with disabilities locate accessible entrances, restrooms, and exits. If signage is missing, incorrect, or confusing, individuals may struggle to find accessible features or exit safely in an emergency, which can create unsafe situations.
• Non-Compliant Parking Spaces: ADA standards require parking lots to have accessible parking spaces marked for individuals with disabilities, including clear signage and appropriate access aisles. If a property lacks designated parking or if accessible spots are not near the entrance, individuals with limited mobility may face challenges entering the building.

When property owners fail to address these ADA standards, they create conditions that are not only non-compliant but hazardous. In Pennsylvania, individuals injured due to these violations may file a premises liability claim. Working with an experienced attorney can help injured parties document the violations, gather necessary evidence, and pursue the compensation they deserve under Pennsylvania’s premises liability laws.

How Do I Prove ADA Non-Compliance in a Pennsylvania Premises Liability Case?

Proving ADA non-compliance in a Pennsylvania premises liability case involves gathering specific evidence to demonstrate that the property owner failed to meet accessibility requirements and that this lack of compliance directly contributed to your injury. To establish a strong case, plaintiffs need to show that the property owner had a legal duty to follow ADA standards, breached this duty, and that the breach was a direct cause of the accident or injury. Here’s how to go about proving ADA non-compliance effectively:

1. Document the Hazardous Conditions: The first step in proving ADA non-compliance is to gather clear evidence of the unsafe or inaccessible conditions that led to your injury. Take detailed photographs or videos of the area in question, highlighting features like broken ramps, obstructed pathways, missing handrails, or non-functioning elevators. Include close-ups of cracks, uneven flooring, or any hazards that could have contributed to your injury. If possible, date the images and keep them securely organized.
2. Gather Witness Statements: Witnesses can be invaluable in premises liability cases. If anyone saw the accident or can confirm the hazardous conditions, ask them to provide a statement. Witnesses might include other customers, employees, or individuals who have experienced similar issues at the property. Their statements can support your claim that the ADA violation was a known issue that the property owner should have addressed.
3. Refer to ADA Compliance Standards: Familiarize yourself with ADA requirements relevant to the area where you were injured, as these standards outline specific accessibility features that must be maintained in public spaces. For example, ADA standards mandate that ramps have a certain slope and width, that pathways be free of obstacles, and that bathrooms provide accessible stalls with grab bars. Knowing these standards can help you identify specific violations and explain them clearly when building your case.
4. Collect Evidence of Prior Complaints: If possible, find out if there have been prior complaints or incidents regarding the same issue on the property. Previous complaints, either filed with management, local authorities, or through online reviews, can demonstrate that the property owner was aware of the accessibility issue but failed to address it. Such evidence can strengthen your argument that the property owner’s negligence led to your injury.
5. Consult an Expert Witness: In some cases, an expert witness specializing in ADA compliance may be necessary to validate your claim. ADA compliance experts can conduct inspections, measure conditions against ADA standards, and provide a professional opinion on how the property violated specific regulations. Their expert testimony can lend credibility to your case and clarify technical ADA details for the court.
6. Show Proof of Damages: To succeed in a premises liability case, you must demonstrate that the ADA violation directly caused your injury and that it led to tangible damages, such as medical bills, lost wages, or pain and suffering. Gather all relevant documents, including medical records, hospital bills, and proof of missed work due to your injury. This documentation provides clear evidence of the financial and emotional impact of the accident.
7. Hire a Knowledgeable Attorney: Navigating ADA standards and premises liability law can be challenging, especially when presenting your case in a Pennsylvania court. An experienced attorney who understands ADA regulations and premises liability can help you collect and organize evidence, consult with expert witnesses, and build a compelling argument. Hiring a lawyer is highly recommended in these cases, as proving ADA non-compliance can require detailed knowledge of accessibility laws and procedural expertise.

By taking these steps, you can effectively establish that a property owner’s failure to comply with ADA regulations resulted in unsafe conditions and your injury. Proving ADA non-compliance may be complex, but with thorough evidence and expert support, you can pursue fair compensation for the physical, emotional, and financial hardships caused by the property owner’s negligence.

What Compensation Can I Get from an ADA Premises Liability Claim in Pennsylvania?

If you've been injured due to ADA non-compliance on someone else’s property in Pennsylvania, you may be eligible to receive various forms of compensation through a premises liability claim. ADA-related premises liability cases can include financial recovery for medical costs, lost income, and additional damages related to the injury. Here’s an overview of the types of compensation you may be entitled to in an ADA premises liability claim in Pennsylvania:

• Medical Expenses: Compensation for medical expenses is typically a primary component of any premises liability claim. This can cover all past and future medical costs related to your injury, including emergency room visits, hospital stays, surgeries, medication, physical therapy, and rehabilitation. If your injury requires long-term care or specialized treatment, those projected costs can also be included in your claim.
• Lost Wages and Loss of Earning Capacity: Injuries resulting from ADA non-compliance may prevent you from working, either temporarily or permanently. In such cases, you can seek compensation for any lost wages during your recovery period. Additionally, if the injury limits your ability to work or forces you to change professions, you may be entitled to compensation for loss of earning capacity, which accounts for the future income you’re unable to earn because of the injury.
• Pain and Suffering: Pennsylvania premises liability claims also recognize the non-economic damages associated with physical pain and emotional distress caused by your injury. Pain and suffering compensation accounts for the physical and mental toll the injury has taken on your life, including chronic pain, emotional trauma, anxiety, and depression. The amount awarded for pain and suffering can vary depending on the severity of the injury and its impact on your quality of life.
• Loss of Enjoyment of Life: When an injury severely impacts your ability to enjoy everyday activities, participate in hobbies, or engage with family and friends, you may be able to seek compensation for loss of enjoyment of life. This non-economic damage aims to address how the injury affects your daily experiences and personal fulfillment.
• Permanent Disability or Disfigurement: In severe cases, ADA violations can lead to long-term disabilities or disfigurements that permanently impact your life. If your injury results in a lasting impairment, such as reduced mobility or visible scarring, you may be entitled to additional compensation to address these life-altering changes. This type of compensation considers the emotional and financial challenges of adapting to a new physical reality.
• Out-of-Pocket Expenses: Injuries often bring about extra expenses that may not be immediately apparent but are related to your recovery. Out-of-pocket expenses can include transportation to medical appointments, home modifications for accessibility, or hiring help for daily tasks you’re temporarily or permanently unable to perform due to your injury. These costs are recoverable in an ADA premises liability claim.
• Punitive Damages: In rare cases, if the property owner's non-compliance with ADA standards was particularly reckless or intentional, Pennsylvania courts may award punitive damages. Punitive damages are designed to punish the negligent party and deter similar behavior in the future, going beyond the actual losses suffered by the injured party.

Pursuing an ADA premises liability claim in Pennsylvania requires proving that the property owner’s failure to comply with accessibility standards directly caused your injury and subsequent losses. Compensation is intended to help you regain stability and cover the wide range of damages caused by the accident.

How Long Do I Have to File a Premises Liability Claim Under the ADA in PA?

In Pennsylvania, if you’ve been injured because a property owner failed to comply with ADA standards, you generally have two years from the date of the incident to file a premises liability claim. This two-year period, known as the statute of limitations, is critical to follow to protect your right to seek compensation. Missing this deadline could result in your case being dismissed, leaving you without the ability to recover damages for your injuries.

Pursue Justice for Injuries on Unsafe Premises with Brandon J. Broderick. We Specialize in ADA Compliance Cases Across Pennsylvania

Suffering an injury due to unsafe premises can be an overwhelming experience, especially when it could have been prevented. At Brandon J. Broderick, Attorney at Law, we understand the physical pain and emotional stress that come with a premises liability accident in Connecticut. Whether you’ve suffered a slip-and-fall, trip, or any other injury due to hazardous conditions, we’re here to guide you every step of the way. You shouldn’t have to face this difficult time alone, and we’re committed to standing by your side, helping you navigate the legal process while you focus on healing.

Contact us today for a free legal consultation.