Wednesday, November 15, 2023

UPS Delivery Person Deemed a Licensee Relative to a Trip and Fall Event on a Homeowner's Property

In the case of Cornfield v. Mitchell, No. 10596-CV-2021 (C.P. Erie Co. Oct. 2, 2023 Mead, J.), the trial court addressed the issue of what status a home delivery person, such as a UPS delivery person, had in the eyes of the law in a fall-down case on a homeowner’s property, i.e., whether that Plaintiff delivery person would be a business invitee, or a licensee.

In this case, the judge ruled that a UPS driver who fell on the Defendant’s property was a licensee and not a business invitee. 

In so ruling, the court cited to the case of Figueroa v. Meitzner, 2022 Pa. Super. Unpub. LEXIS 1832 *8-9 (Pa. Super. 2020) citing Sharp v. Luksa, 269 A.2d 659 (Pa. 1970), noting that “the Supreme Court of Pennsylvania adopted §342 of the THE RESTATEMENT (SECOND) OF TORTS to express the duty that landowners in this Commonwealth owed to business licensee, such as packaged deliverers….”  Under that analysis, delivery persons are deemed to be licensees in premises liability cases where the delivery driver is injured on a homeowner's property.

Anyone wishing to review a copy of this detailed Order, which does to come with any Opinion, may click this LINK.

I send thanks to Attorney William C. Wagner of the Erie, PA office of Marnen, Mioduszewski, Bordonaro, Wagner & Sinnott, LLC for bringing this case to my attention.

Source of image:  Photo by Aaron Doucett on

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