All Pennsylvania property owners are required under the premises liability law to maintain their property in accordance with safety standards. In most cases, premises liability law applies when a legal visitor to a property sustains an avoidable injury due to the owner's negligence.
Slip-and-fall accidents are one of the most frequent occurrences in these cases. Nevertheless, the premises liability umbrella protects against a wide variety of dangerous situations, such as slip and fall accidents, dog bites, swimming accidents, and inadequate security.
Regardless of the origin of a premises liability injury, victims may experience severe physical pain, expensive medical bills, wage loss, and even long-term health complications. Under the premises liability law of Pennsylvania, the property owner or caretaker may be held liable for the victim's damages.
However, the fact that you were injured on someone's property does not necessarily indicate that the owner was negligent. The possibility that the property was in an unsafe condition does not necessarily indicate that the owner was negligent. You must demonstrate that the property owner knew, or should have reasonably known, that the premises were in an unsafe condition yet failed to take the necessary measures to correct the problem. An experienced PA premises liability attorney can investigate the accident, collect evidence of the property owner's wrongdoing, and construct a compelling compensation case.
What is PA Premises Liability Law's Negligence Threshold?
In Pennsylvania, the premises liability argument is centered on whether the property's owners or caretakers made reasonable efforts to maintain the property's safety. The liability threshold demonstrates that the victim's injuries were preventable and not the result of a freak accident. The victim's eligibility to file a premises liability claim may be limited by factors such as the legality of their presence on the property.
According to Pennsylvania's premises liability laws, visitors to a property are classified as:
- Invitees: An invitee is anyone on the property at the express or implied invitation of the owner or manager. Tenants are invitees to the home or building in which they reside, customers are invitees to the businesses they frequent, and patients are invitees to the medical facilities in which they receive treatment. Property owners owe invitees a high standard of liability. The owners must conduct a thorough inspection of the property to identify and eliminate potential hazards.
- Licensees: A licensee is a person who has permission to enter the premises for their own benefit, such as a door-to-door salesperson, an employee of a utility company who enters your property to repair the county water main, or a customer who enters your restaurant to use the restroom. Generally, licensees also include social guests, such as neighbors who drop by for a visit. Property owners have a lesser obligation to ensure the safety of their licensees, but they can still be held liable in certain circumstances. For instance, they must warn licensees about any hazards on the property that pose an unreasonable risk.
- Trespassers: A trespasser is anyone who illegally enters the property. Property owners in Pennsylvania have virtually no legal obligation to keep trespassers safe or compensate them for injuries sustained on their property. However, the law sets a much higher standard of liability for children. Owners are required to take reasonable precautions to prevent foreseeable accidents, particularly with elements that can entice children to enter the property without permission, such as a swimming pool. Property owners must also refrain from intentionally injuring trespassers.
If you were legally on the property and suffered a serious injury, you must prove the negligence of the responsible party to win a premises liability claim. This requires demonstrating that the owners or caretakers could have prevented your injuries if they had upheld basic safety standards on the property.
In Pennsylvania, the threshold for establishing negligence is comprised of the following elements:
- The at-fault party owed you a duty of care: The property owner had a legal obligation to avoid causing you injury.
- The negligent party breached this duty: The property owner failed to shovel the sidewalk after a heavy snowfall, thereby creating the conditions for a slip-and-fall accident. As part of establishing this element, your premises liability attorney would also need to demonstrate that the property owner either knew about the hazard in time to address it or should have known about it.
- The negligence of the at-fault party caused your injuries: A successful claim for premises liability will demonstrate that the property owner's negligence caused the victim's injuries.
- The injuries caused by this gross negligence resulted in the following damages: Your premises liability attorney has to demonstrate the value of your claim by showing all of the damages you’ve suffered, such as hospital bills and intangible costs like emotional distress.
Common Premises Liability Case Examples Include
Under the premises liability laws of Pennsylvania, property owners and caretakers must assume broad responsibility for the safety of authorized visitors. Whether the property is a business, residential building, private residence, or office owned by the municipality, a variety of hazardous situations can result in preventable injuries.
Slip-and-fall accidents, dog bites, elevator accidents, inadequate security, and inadequate fire safety are examples of situations that can lead to a premises liability claim.
What Types of Damages Can I Pursue in a Premises Liability Claim in PA?
The injuries caused by a negligent property owner can be physically, emotionally, and financially debilitating. In the case of catastrophic injuries, such as amputated limbs or spinal cord damage, the effects on victims and their families are likely to be permanent.
If someone else's carelessness hurt you, you deserve fair compensation for your damages. Pennsylvania's premises liability laws hold businesses and individuals liable for injuries they cause.
Depending on the specifics of your case, you may be entitled to economic damages, non-economic damages, wrongful death damages, and possibly punitive damages if you file a premises liability claim.
PA Premises Liability Attorneys at Brandon J. Broderick Can Assist you in Recovering Compensation if You Were Injured On Someone’s Property
Premises liability claims entail countless, complex factors. The circumstances of the accident and the property owner's knowledge of the hazard are central to establishing liability under the law, so these issues are typically highly contentious. The majority of premises liability claims will be resolved by the at-fault party's insurance company, which has a reputation for paying as little as possible.
A competent PA premises liability attorney can make all the difference in establishing the property owner's liability and presenting the strongest case. After a serious premises liability accident, many injured victims will face an uphill battle to receive compensation for all the damages they've incurred due to the negligence of another party. An experienced premises liability attorney from Brandon J. Broderick can assist you in leveling the playing field and increasing your chances of recovering fair compensation. Contact us now for a complimentary consultation.