In its non-precedential decision in the case of Jackson v. Live! Casino and Hotel, No. 2792 EDA 2024 (Pa. Super. Feb. 24, 2026 Bowes, J., King, J., and Ford Elliott, P.J.E.) (Mem. Op. by Bowes, J.), the Pennsylvania Superior Court addressed the “program of protection” standard in Pennsylvania in a premises liability case.
According to the Opinion, this case arose out of the Plaintiff being attacked by other patrons while at the casino. It was noted that the assailant was allegedly intoxicated.
With regards to the “program of protection" issue, the Superior Court noted that the Pennsylvania Supreme Court has recognized that the voluntary gratuitous adoption of a program of protection, such as by employing security personnel, gives rise to the expectation that the security personnel will perform their duties with reasonable care. As such, where the security provided is not executed reasonably, and that negligence is the proximate cause of the harm, liability can attach.
The Superior Court found that the evidence presented in this case was sufficient to support the Plaintiff’s claims of negligence asserted against the casino.
More specifically, the court found that the evidence presented at trial established that the Plaintiff was injured as a result of the Defendant’s failure to reasonably execute its security program.
Accordingly, the Superior Court held that the trial court properly concluded that the Defendant was not entitled to a judgment notwithstanding the verdict in this case in which the jury entered a multi-million dollar verdict in favor of the Plaintiff.
The court otherwise rejected the Defendant’s claims that it was entitled to a new trial.
Anyone wishing to review a copy of this non-precedential decision may click this LINK.
I send thanks to Attorney Anthony J. Gabriel of the Hummelstown, PA office of the McQuaide Balsko law firm for bringing this case to my attention.
The court otherwise rejected the Defendant’s claims that it was entitled to a new trial.
Anyone wishing to review a copy of this non-precedential decision may click this LINK.
I send thanks to Attorney Anthony J. Gabriel of the Hummelstown, PA office of the McQuaide Balsko law firm for bringing this case to my attention.
Source of image: Photo by Kvnga on www.pexels.com.
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