Property owners in Pennsylvania have a responsibility to maintain their property to avoid hazards and conditions that could lead to an injury or death. When a property owner is negligent in doing so, they can be held liable for injuries and losses sustained by visitors and invitees. In some cases, a property owner could be held liable for an injury to a trespasser, depending on the age of the trespasser and the circumstances surrounding the injury.
If you were injured as a result of an unsafe condition on someone else’s property, the Pansini, Mezrow & Davis can help. Call today for a free case evaluation.
Examples of Incidents That Result in a Premises Liability Claim
There are numerous conditions and mechanisms of injury that can result in a valid premises liability claim. Some common reasons include, but are not limited to:
Slips and falls
Inadequate lighting or security
Swimming pool injuries
Broken steps and railings
Potholes and cracks in sidewalks and parking lots
Elevator and escalator accidents
Uneven flooring and torn, worn, or damaged flooring
Amusement parks, resorts, and cruise ship injuries
Exposure to hazardous chemicals or materials
Dog bites and animal attacks
Premises liability laws extend to private, commercial, and public property owners. You may file a claim against your neighbor for an injury on your neighbor’s property (typically through their homeowner’s insurance policy), just like you can sue a government entity and commercial property owners. Tenants and companies may also be sued for premises liability claims, even though they lease or rent the property.
What Is Required to Prove a Premises Liability Claim in Philadelphia?
Being injured on another party’s property is not sufficient to prove that the property owner is liable for your damages. You must prove each of the legal elements of a premises liability claim.
Legal requirements for a Pennsylvania premises liability claim are:
The property owner owed a duty of care to the injured person.
The owner of the property breached the duty of care.
The breach of the duty of care was the proximate cause of the accident.
The person injured suffered damages because of the accident.
Breaching the duty of care requires you to prove that the property owner knew or should have known about a hazard on the property and failed to take reasonable steps to correct the hazard or provide adequate warning of the hazard. Proving whether a property owner “knew or should have known” about a dangerous condition can be one of the most challenging aspects of a premises liability claim.
Our Philadelphia premises liability lawyers investigate each incident to gather evidence proving that the property owner failed in the duty of care. Negligence may include failing to inspect the premises, failing to correct problems within a reasonable time, and failing to post warning signs when a hazard exists.
Seeking Compensation for a Premises Liability Claim in Pennsylvania
The damages in a premises liability claim include financial losses and non-economic damages.
Financial losses include:
Personal care costs
Loss of income and benefits
Medications and medical equipment
Decreases in earning potential
Non-economic damages are the pain and suffering incurred because of an injury. They include emotional, mental, and physical pain and suffering. Non-economic damages also include loss of enjoyment of life, disfigurement, and disabling conditions.
If you sustain a permanent impairment, you may also be entitled to future damages. Future damages include the estimated cost of ongoing medical care and personal care. It also includes future loss of income, inconvenience, and loss of quality of life.
Contact Our Philadelphia Attorneys at Pansini, Mezrow & Davis
One or more parties could be liable for your injury. Identifying all responsible parties and holding those parties liable for your injuries is our job. Our premises liability lawyers in Philadelphia handle all types of premises liability claims. We file suits against government entities and commercial property owners as well as private property owners.
Do not wait to contact an attorney about your case. The longer you wait, the more chance that crucial evidence could be lost. A property owner often corrects the hazard that caused the injury soon after the accident.
Get help with a premises liability claim from a dedicated, experienced, aggressive legal team. Call (215) 732-5555 or contact us online to schedule a free consultation to discuss your injury case.