Hurt Helping a Friend Move Equipment on His Property: When Pennsylvania Law Allows a Claim

Attorney Answer

Possibly, but only if your friend did something wrong. Pennsylvania generally treats a friend who comes over to help, without pay, as a social guest, and a host owes a guest less than a business owes its customers. The host is responsible for a hidden danger on the property that he knew about and you did not, and for being careless in what he himself was doing — for example, in how he handled the equipment while the two of you moved it. If you simply lost your footing, or the danger was one you could see, there is generally no claim. If there is one, it is usually paid by his homeowner's insurance rather than by him.

A friend who helps out is generally a social guest. In Fisher v. Findlay, 319 Pa. Super. 214, 465 A.2d 1306 (1983), the Superior Court held that a social guest is a “gratuitous licensee,” to whom a host owes a limited duty: to warn of, or make safe, a dangerous condition the host knows about and should expect the guest not to discover. The guest there fell down a hidden, unusually steep stairway the hosts knew of, and the court held that was enough for a jury. The other side of the rule is Sharp v. Luksa, 440 Pa. 125, 269 A.2d 659 (1970), where the Supreme Court of Pennsylvania held a guest could not recover for a fall from a ladder whose condition the guest already knew; there was no hidden defect.

What the host was doing matters too. A host also owes even a social guest reasonable care in the activities the host carries on, as distinct from the condition of the land. The Supreme Court of Pennsylvania upheld a verdict for a guest hurt by the possessor's active negligence on the premises — there, a truck backing up — in Potter Title & Trust Co. v. Young, 367 Pa. 239, 80 A.2d 76 (1951). If your friend's handling of the equipment caused your fall — he lifted, dropped, shifted or pulled it carelessly while you were moving it together — that is this kind of claim.

Your own share. 42 Pa.C.S. § 7102(a):

(a) General rule.-- In all actions brought to recover damages for negligence resulting in death or injury to person or property, the fact that the plaintiff may have been guilty of contributory negligence shall not bar a recovery by the plaintiff or his legal representative where such negligence was not greater than the causal negligence of the defendant or defendants against whom recovery is sought, but any damages sustained by the plaintiff shall be diminished in proportion to the amount of negligence attributed to the plaintiff.

So if you were partly careless, your recovery is reduced by your share, and barred only if your share was greater than your friend's.

Who pays, and when. A claim like this is usually made against the host's homeowner's or renter's liability insurance, not paid out of his pocket. The deadline is 42 Pa.C.S. § 5524:

The following actions and proceedings must be commenced within two years:

(2) An action to recover damages for injuries to the person or for the death of an individual caused by the wrongful act or neglect or unlawful violence or negligence of another.

What you can do

1. Get the knee treated and keep every record and bill. Your own health insurance can pay the medical bills in the meantime.

2. Write down, while you remember it, exactly how the fall happened: where you were standing, what you stepped on or tripped over, and what your friend was doing at that moment. Take photos of the spot and the equipment if you can.

3. Ask your friend whether he has homeowner's or renter's insurance, and for the company's name.

4. Note the names of anyone else who was there.

5. Even if you are handling this yourself, you would be best served by a brief phone consultation with a local Pennsylvania attorney before you act. Most lawyers offer a short initial call at no cost, and a few minutes on your specific facts — and on how your court actually handles this — is worth more than any general guidance, including this page.

⏱ Time limits apply. A lawsuit for an injury must be filed within two years under 42 Pa.C.S. § 5524(2). A lawyer can tell you how it applies to your situation.