A property owner has a duty to keep surfaces on their property free from debris and hazards. For example, a business owner who fails to remove the snow and ice from the sidewalk in front of their store would know that these slippery substances could prove hazardous for customers.
Our experienced Philadelphia premises liability lawyers will prove to be beneficial as they have expertise in dealing with these kinds of cases.
What is Premises Liability Law?
Premises liability is a legal term that states the owner of a property has a responsibility to ensure that their property is safe for others. The property owner must maintain their property in a good condition and must warn about any potential hazards. Where the owner or operator of a property fails to due so and someone on the property is injured, the owner or operator may be liable for the injuries suffered under the legal theory of premises liability.
If the owner negligently committed an act that led to death, injuries, or damages to another person, then the owner may be held responsible for resulting damages. Premises liability accidents can lead to serious injuries that entitle the injured party to compensation for their damages.
However, liability must be determined to hold the tortious party responsible. The legal concept of premises liability comes into play when an accident occurs. Therefore, it is advisable to refer to a competent Philadelphia Injury Attorney who has expertise in dealing with various types of matters.
Being awarded compensation after an accident is only possible by establishing liability. This compensation is based on actual damages such as the cost of medical care related to injuries and wages that are lost when the injured person has taken time to recover. A monetary figure may also be assigned to the overall loss of quality of life that the injured person suffers.
Types Of Cases That A Premises Liability Lawyer Can Represent
Some of the most common types of premises liability cases that occur in Philadelphia include:
- Dog bite injuries;
- Swimming pool accidents;
- Poor property maintenance;
- Slip-and-fall accident;
- Ice and snow accidents;
- Burn Injury
- Fires;
- Elevator or escalator accidents;
- Amusement park accidents;
- Workplace Injuries; and
- Construction site accidents.
What Are The Factors Necessary To Determine Liability In Slip-And-Fall Accidents?
Establishing liability begins with determining whether or not the property owner was responsible for the hazardous situation. For example, a homeowner who knowingly spills soap on the floor and fails to clean it before a friend visits, slips, and falls could be liable for injuries sustained as a result of the fall.
Liability can be established on proving that the property owner should have known about a hazardous surface. It could be difficult to prove liability in this instance. Courts typically examine a case to see if the property owner should have known about the situation, and if another reasonable person in the same situation would have known and taken action to correct it.
An example of an instance when a property owner should know about a hazard would be if a landlord was notified several times about a broken step outside a property and failed to fix the problem. If someone falls through the steps and faces a slip and fall accident, the landlord could be held liable because that individual was on notice of the hazard. You can seek help from one of our premises liability lawyers who have experience handling such types of cases.
Who Can Be Held Responsible For Premises Liability In Philadelphia?
Homeowners
Premises liability is often thought to apply only to business owners, but homeowners can also be held liable for injuries occurring on their property. For example, a homeowner who leaves the carpet on their stairway frayed could be held liable if a visitor trips on the damaged area of the carpet and falls down the stairs. However, a homeowner generally has a lower duty of care to visitors than does a retail business owner.
A Philadelphia premises liability Attorney will not only represent you in the court, but will also negotiate on your behalf with insurance companies so you could focus on your recovery.
Renters
Renters are not exempted from being held liable for injuries sustained on a rental property. For example, if a renter could fail to remove debris or trash on the porch of their rental property and the guest trips over this debris and is injured, the renter could most likely be held liable.
In such a case, you can take assistance from one of the competent liability attorneys who have the proficiency and expertise of representing premises liability cases.
Business Owners
Business owners generally have the highest duty of care to visitors. They must ensure the safety of their customers and other visitors on their business property. A failure to ensure the safety of the business property on a routine basis could make a business owner liable if a person slips and falls on their property and sustains injuries.
Types of Injuries in Premises Liability Claims
Some of the most common injuries that you can sustain in premises liability accidents are as follows:
- Traumatic Brain Injury (TBI)
- Spinal Cord Injuries
- Broken bone or fractures
- Paralysis
- Wrongful death
- Internal injuries
- Dislocated joints
Statute of Limitations in Philadelphia
Premises Liability Accidents are categorized under personal injury for purposes of statutes of limitations in Pennsylvania. In Pennsylvania, the injured victims have a time frame of 2 years to file a lawsuit from the date when the accident happened. Although, in cases when the injury claim has to be filed against the government then the victim must give the notice to sue them within 6 months.
When the statute of limitations expires then the property owner cannot be held liable for any compensation or damages. The injured victim will be unable to file any lawsuit against the government or the property owner. Due to these limitations, you must file the premises liability claim as soon as possible.
How Is Duty Of Care Related To Premises Liability Cases?
Duty of care refers to an individual’s responsibility of not doing any harm to other people. In terms of premises liability, property owners must ensure that the conditions on their premises must be safe for others. Therefore, anyone who owns a property must maintain reasonably hazard-free conditions.
Steps To Be Taken After A Premises Liability Accident In Philadelphia
Some of the necessary steps that you must follow after facing a premises liability accident are as follows:
- Seek Medical Attention: After an accident, it is necessary to seek medical treatment. Whether you have sustained serious injuries or not, you should always go for a medical check-up. It will give you peace of mind and create a record for use in future claims.
- Document the incident: You can forget the necessary details of the accident after some time. Therefore, you must document every detail of the accident that you remember. You can take pictures of the accident scene, your injuries, and the vehicle.
- Inform the Property Owner: You must inform the property owner that you have sustained injuries or faced an accident due to their negligence. It is essential to notify the employer if you fall at the workplace or in front of a store or anywhere else.
Connect with a Philadelphia Premises Liability Lawyer today. This essential step will ensure that your case will be thoroughly investigated. Your attorney will also negotiate for your settlement if such is needed in your case.
Need Legal Help? Connect with a Philadelphia Premises Liability Attorney
It is widely known that an individual who has suffered from any personal injury accident should consult Premises Liability Attorneys to learn about their rights.
Legal professionals at the Law Offices of Samuel Fishman provide a free case review. Take advantage of this free consultation and start the road to your physical and financial recovery today.