When construction is taking place on a piece of real estate, and an employee of the contractor doing the work is injured there, who bears the potential tort liability for the injury: the property owner, the general contractor, or both? Luckily, Pennsylvania law provides a way to discern how liability should be distributed if there is no existing contract between the contractor and property owner that addresses the liability question.
The basic legal principle is foundational, well-established, and has manifold case support in Pennsylvania. The standard of care present in such a case mirrors the standard of care a property owner has to an individual on the property owner’s land. The standard of care a property owner has depends upon whether the individual on the property owner’s land is a trespasser, licensee, or invitee. Under Pennsylvania law, the employee of a general contractor who is authorized to be on the property falls within the classification of business invitee, and therefore, the duty of care owed to a business invitee is the highest duty owed to any entrant upon the property.
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