Tuesday, September 26, 2017

Pennsylvania Superior Court Reviews Rules of Liability for Fights on Premises

In the case of Reason v. Kathryn’s Corner Thrift Shop, 2017 Pa. Super. 266 (Pa. Super. Aug. 17, 2017 Solano, J., Lazarus, J., Stevens, P.J.E.) (Op. by Solano, J.), the Pennsylvania Superior Court ruled that the trial court properly entered summary judgment in favor of Defendants in a matter arising out of a case in which the Plaintiff was involved in a fight with a third party in the Defendant’s store.  

The appellate court agreed with the trial court that there was no evidence of any past violence or issues with or by the third party in the store.  The court also noted that the store satisfied its duties under the law to aid the Plaintiff by calling the police.  

In so ruling, the appellate court noted that the Pennsylvania Courts have held that a business is not required to act as  policeman in the face of an ongoing assault within its store and that the store satisfied its duty to aid its business invitee by calling 911 or other professional assistance.  

The records reveal that, in addition to calling 911, an employee in the store eventually broke up the fight outside the store where a crowd had gathered.  

Anyone wishing to review this decision may click this LINK.  

Source:  “Digest of Recent Opinions.”  Pennsylvania Law Weekly (Sept. 12, 2017). 

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