When To Consult A Philadelphia Premises Liability Lawyer
Whenever you are in a public place, you have the right to expect that you will be reasonably safe. However, there are times when property owners and employees do not take the steps necessary to keep patrons safe. When you need a Philadelphia Premises Liability Attorney you can count on us to secure the compensation you deserve. We are here to help when a property owner’s negligence causes you or a loved one harm.
What Is A Premises Liability Accident?
In Pennsylvania, owning, renting, managing, or occupying a property comes with certain rights and obligations. Under premises liability law, property owners must be aware of dangerous conditions.
The law requires property owners to warn visitors and guests of any dangerous conditions. The owner must address any hazards on the property in a timely manner.
Despite these duties imposed on property owners and others in Pennsylvania, many owners neglect their duties, resulting in visitors getting injured.
Why File A Premises Liability Claim?
In a premises liability claim, the property owner is held responsible for their reckless actions. Through this, the injured victim can seek damages, such as:
- Medical bills
- Lost income
- Ongoing care and therapies if required
- Pain and suffering
- Emotional trauma
Damages may comprise economic and non economic damages. The injured victim has the right to seek compensation for the injury as it relates to the property.
In case of wrongful death premises liability claims, funeral, burial costs, estate administration costs, and other expenses are included. However, the damages may vary depending on the circumstances of the particular case. Children, spouse, or relatives of the victim can file a wrongful death claim in Pennsylvania.
There is a two-year statute of limitation for filing the lawsuit. Be sure to speak to a competent Philadelphia Premises Liability Lawyer to get insights for your specific situation.
What Are The Types Of Injuries In Premises Liability Accidents?
There are various types of incidents that come under the umbrella term of “premises liability.” These include toxic chemical exposure, social host liability, negligent security, and more. Some of the painful injuries that a victim may sustain include:
- Traumatic brain injuries
- Dog bite injuries
- Fractured bones
- Spinal cord injuries
- Slips and falls
- Dislocation of joints
- Wrongful death
Regardless of your specific injury type, you should reach out to an experienced Philadelphia Personal Injury Lawyer to discuss your case.
How Does Duty Of Care Apply To Premises Liability Cases?
Duty of care is directly related to premises liability cases. It refers to a person’s responsibility to not cause harm. Property owners must ensure that conditions on their premises are not posing any threat to others.
This is why when someone is injured due to another person’s mistake, the victim should explore all their legal options.
Causes of Premises Liability Injuries in Philadelphia
You will face risks no matter what you do or where you go. But when you are on another person’s property, you should be able to expect an acceptable level of safety.
We know that one of the most common causes of premises liability cases is Slip and Fall Accidents. These incidents send over a million people to the hospital annually according to the National Floor Safety Institute. Most of these incidents are completely preventable when employees follow proper safety protocols.
There are many other ways in which people get hurt on another person’s property. For one, most places use some kind of chemical for cleaning or other purposes. It’s vital that all chemicals are used and stored properly to prevent serious injury and even death.
A particular area of concern and one that does not receive enough attention is the neglect of parking lots. Often, parking lots are not the responsibility of the stores, but third parties. This can lead to their disrepair.
Uneven pavement, broken curbs, and inadequate lighting can all cause injuries to patrons. Restaurants must be particularly careful, especially when it comes to wet floors, broken plates or glasses, and food preparation.
It’s also important to note that private residence owners can be held liable for injuries that occur on their property. When owners have guests over, they should always alert visitors to potential hazards. Things such as open pool areas, broken stepping surfaces, wobbly stairs, and more can cause major injuries.
A proficient Philadelphia Premises Liability Attorney can fight your case if you have sustained injuries and want to obtain compensation.
Pennsylvania Property Owner Laws
Property owners in Pennsylvania are required to ensure the safety of their premises for visitors. The property owners must safeguard the following three types of visitors:
Invitees: An individual who enters a residence for any social or business purpose is an invitee.
Licensees: A licensee is someone on a property that holds some authority, such as law enforcement, emergency medical responders, firefighters, and others.
Trespassers: These are individuals who are not invited to visit the premises. There is no legal obligation to safeguard these visitors. However, if the trespassers are children, the owners need to ensure the safety of the property.
Pennsylvania also has a property maintenance code. According to this code, property owners must maintain good conditions regarding sanitation, light, ventilation, heating, fire protection, and others.
How Is Negligence Established In Premises Liability Cases?
Property owners have a legal duty to ensure the safety of their visitors. However, this does not mean that property owners can be held liable for every injury that occurs on their premises.
Your Philadelphia Premises Liability Lawyer can explain if your specific situation was due to a negligent act, recklessness, or carelessness.
To prove a property owner’s fault, you must demonstrate certain evidence. Namely, you must prove that the owner knew (or should have known) about the hazard. It also must be clear that the owner failed to fix the hazard on time to prevent the accident.
Oftentimes, negligence in a premises liability case can be proven by showing photos and/or surveillance footage and capturing witness testimony.
When Do You Need Help From A Philadelphia Premises Liability Attorney?
Many injury victims begin to wonder, “When is it time to take legal guidance?” The most straightforward and honest answer is: the sooner, the better. Here’s are a few things you should do after your injury:
- Take legal action immediately after the accident to properly document witness statements. Over time, witnesses can disappear or forget details that might be relevant in your legal case.
- Get representation by a reputable law firm.
- Establish all liable parties to maximize the value of your case.
A great attorney will ensure that your premises liability case meets the requirements imposed by the Pennsylvania statute of limitations. Speak with our Philadelphia Premises Liability Lawyers to get a free evaluation of your case.