Wrongful Death

Pennsylvania

A 22 yr old adult male fell into a water filled abandoned strip mining pit and drowned. The property is privately owned, posted for no trespassing, and is unimproved. The male was accompanied by two females, and together they were swimming, drinking and clowning around. The male fell 85 feet down a steep embankment and was pulled from the water 14 hours later. The suit claims negligence on the part of the landowner, stating that he knew that a dangerous condition existed on the property. The landowner does not use, or permit the property to be used, for recreation, hunting, or for any other purpose. Any thoughts?

Are you party to this?

Yes I am the landowner.

A prime example of people refusing to take responsibility for their actions.

Anyway, PA, like most states, require the least amount of duty to trespassers. That means, short of intentionally trying to hurt someone (a big "jump here" sign, for example), you are normally not liable. I will await an PA attorney to confirm this for me, but I am pretty sure PA only follows the "attractive nuisance" doctrine for infants (people uner 18) from the Restatement (2nd) of Torts. And since that would be the only thing I can think of that would raise the level of duty for a landowner to a trespasser, if it doesn't apply, you should not be held liable for an adult who broke into the site. (Again, I am not admitted in PA and my knowledge is limited to speaking with friends who are.)

As far as pertinent statutes, try this on for size:

§ 209.103. Openings in abandoned mines.
Openings made into abandoned deep mine workings shall be immediately closed or fenced off. If fenced, an approved danger sign shall be placed on the fence to serve as a warning for persons not to enter.

Click to expand...

In any event, you're going to need a lawyer. The sooner you get one, the less problems you'll have later.

The suit claims negligence on the part of the landowner, stating that he knew that a dangerous condition existed on the property.

Well, of course you knew there was a dangerous situation!

I think what the drunk's lawyer is saying is that you did not do enough to keep idiots off your property.

I hope you get a lawyer soon and sue the other side for filing a frivolous lawsuit.

Now the plot thickens!

Thanks for the comments so far.

Additionally, the plantiff brings a Survival Action as a second count. They claim that as a result of gross carelessness and negligence and wanton misconduct on the part of the defendant, the deceased endured great physical pain and suffering prior to his death. They seek a six figure judgement.

They request a jury trial.

Regarding the prior post on Abandoned Mine Openings, this is a 3-acre lake, formed as a result of strip mining, well before operators were required to complete reclamation of the work site. These water-filled pits are found throughout PA, WV, and KY and are one-by-one being filled in with funds levied on mine operators via a tonnage basis since 1977.