Pennsylvania Supreme Court Approves Personal Injury Claim by Plaintiff Against a Contractor Based Upon Work Completed Years Before

In the case of Brown v. City of Oil City, No. 6 WAP 2022 (Pa. May 16, 2023) (Op. by Todd C.J.)(Mundy, J., Dissenting), the Pennsylvania Supreme Court addressed the issue of whether §385 of the Restatement (Second) of Torts imposes liability upon a contractor to a third party whenever the contractor, during the course of his or her work for a possessor of land, creates a dangerous condition on the land that injures the third party, even though, at the time of the injury, the contractor was no longer in possession of the land, and the possessor of the land was aware of the dangerous condition.

The court noted that §385 of the Restatement (Second) of Torts is entitled “Persons Creating Artificial Conditions on Land on Behalf of Possessor, Physical Harm Caused After Work Has Been Accepted.”

Section 385 addresses the liability of a party erecting or repairing a structure on behalf of a possessor of land after that work has been completed and accepted.    

This case arose out of an incident during which a Plaintiff tripped and fell on deteriorated sections of concrete steps outside of a library, which steps had been replaced by a contractor years before. The Plaintiff sued the owner of the library as well as the contractors who performed work on the exterior stairs to the library.  According to this decision, the Plaintiff stated cognizable causes of action.

After reviewing the law, the Pennsylvania Supreme Court concluded, as did the Commonwealth Court below, that a contractor may indeed be subjected to liability under §385 in such circumstances. As such, the judgment of the Commonwealth Court was affirmed.

Anyone wishing to review a copy of this decision may click this LINK.  Justice Mundy's Dissenting Opinion can be viewed HERE.


I send thanks to Attorney Kenneth T. Newman of the Pittsburgh, PA office of Thomas, Thomas & Hafer, LLP  for bringing this case to my attention.

Proper Standard of Liability for Construction Contractors Reviewed for Work Completed

In the case of Brown v. City of Oil City, No. 337 C.D. 2020 (Pa. Cmwlth. Sept. 1, 2021) (Op. by Leavitt, J.), the Pennsylvania Commonwealth Court found that a trial court erred in granting summary judgment in favor of a contractor and a subcontractor in a fatal slip and fall action. The appellate court found that the trial court failed to apply the proper standard of liability for contractors who, on behalf of the possessor of land, allegedly created a condition that caused harm after the work had been accepted by the possessor of land.

According to the Opinion, the Plaintiff’s decedent slipped and fell on library steps and died from her injuries. The Plaintiff sued the City and a library association alleging poor construction or maintenance of the steps. The Complaint was later amended to name the contractor, architectural firm and subcontractor involved in the construction of the steps.

The appellate court reviewed §385 of the Restatement (Second) of Torts along with Pennsylvania law construing that Restatement language. That Restatement governs the extent to which a contractor may be liable for work completed on behalf of a possessor of land when someone is hurt by the work completed after the work has been accepted by the possessor of land. The Commonwealth Court found that the law extends a contractor’s liability to third persons who are injured by an artificial condition of the land created by the contractor after the possessor of land has accepted the completed work.

The appellate court reversed the trial court’s entry of summary judgment in favor of the contractor Defendant and held that it was for a jury to decide whether the condition of the library steps was of a dangerous character and caused the decedent’s physical injury and death.

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

Source: “Digest of Recent Opinions.” Pennsylvania Law Weekly (Sept. 21, 2021).

Source of image:  Photo by Greyson Joralemon on Unsplash.