Defending a Trespass Claim (PA) | Practical Law
A Practice Note addressing key issues that counsel should consider when defending civil claims for trespass to real property under Pennsylvania common law. This Note provides tips on negating the prima facie elements of the plaintiff's case, raising affirmative defenses, and obtaining evidence through discovery to rebut the plaintiff's allegations. It also discusses how a defendant may challenge the plaintiff's claims at the pleading stage and after the parties develop the evidence, such as through a motion for summary judgment.