Who Is Liable for An Injured on Authority Property Caused by a Third Party ?
In Wilson v. Philadelphia Housing Authority, 735 A.2d 172 (Pa. Cmwlth. 1999), the plaintiff was injured on Authority property when a third party pushed her, causing her to fall and hit the stump of a metal pole protruding from the ground, thereby injuring her ankle.
The Court found that even though a third party set the action in motion that caused the appellant to fall, it was not the superseding cause of the injury; rather, a metal pole caused the injury.
Thus, the Court explained that "even though a third party caused the accident, unless it can be shown that the third party's conduct was an intervening superseding cause, the Authority would still be liable for its negligent conduct." Id. at 175-176.