Claims of Recklessness and Punitive Damages Allowed To Proceed in Premises Liability Case

In the case of K.H. v. Mill Run Campground, No. 2197 of 2023, G.D. (C.P. Fay. Co., March 10, 2025 Vernon, J.), the court denied Preliminary Objections filed by a Defendant on claims of recklessness and for punitive damages in a premises liability case. According to the Opinion, the case involved a young child who fell off a set of bleachers.

The court overruled the Defendant’s Preliminary Objections and held that, where a Plaintiff stated a cognizable negligence claim and generally averred that the Defendant acted with the state of mind necessary for an award of punitive damages, the Defendant’s challenge to these types of claims was premature such that the Preliminary Objections would be denied. The Defendant was advised that the issues could be revisited in a Motion for Summary Judgment after the close of discovery.

Anyone wishing to review a copy of this decision may click this LINK.


Source: The Legal Intelligencer Common Pleas Case Alert, www.Law.com (May 14, 2025).