In early January 2026, a Landlord in Reading, PA was granted summary judgment and dismissed from a lawsuit arising from a tenant’s claim that the apartment building’s steps were unsafe and caused her significant injuries. Wade Manley, a shareholder at Johnson Duffie, secured the entry of judgment on behalf of his client, the Landlord, after investigating the facts giving rise to the incident and arguing that the tenant knew of the alleged condition, had a duty to report the condition and failed to report the condition as required by her rental agreement and the law. Manley proved to the Court that there was no evidence that Landlord had either actual or constructive notice that the condition existed.
Manley argued that to prove a cause of action for negligence, the Plaintiff was required to establish that the Landlord breached a duty owed to her. Walters v. UPMC Shadyside, 187 A.3d 214, 221 (Pa. 2018). Generally, a landlord is immune from civil liability when he unknowingly leases defective premises to a tenant. Pennsylvania law is clear, a landlord out of possession is not responsible for personal injuries that occur on the leased premises unless the landlord knew or should have known of a defect on the premises at the time the lease was entered. Dorsey v. Continental Associates, 591 A.2d 716, 718-19 (Pa. Super. 1991); Pierce v. Phila. Housing Auth., 486 A.2d 1004, 1005 (pa. Super. 1985) (stating “generally, where the landlord is out of possession, it is not liable for bodily harm sustained on the property by one on the premises under the lessee’s right unless the landlord knew, or had reason to know of a defect at the time of leasing.”)
The trial court agreed with Manley’s argument and determined that it was impossible for the Plaintiff to sustain her claims against the Landlord at trial and therefore dismissed the litigation prior to trial.