If you’ve been injured on someone else’s property, you may feel overwhelmed, confused, and unsure of what to do next. Understandably, you’re worried about your recovery and whether you will be able to get the compensation you deserve. At this moment, it’s important to know that you don’t have to face this alone. If you are seeking help from a personal injury attorney, we understand the challenges you are going through, and we are here to guide you through every step of your case. Whether you’re dealing with a slip and fall, a dog bite, or any other injury caused by a dangerous condition on someone’s property, it’s crucial to understand the legal duty of care that property owners have in Pennsylvania. This knowledge can make a difference in how your case progresses, and it is vital to know how to protect your rights.
What is Premises Liability?
Premises liability refers to the legal responsibility that property owners have to maintain a safe environment for people who come onto their property. If you have been hurt while on someone’s property, it could be a premises liability issue. For example, if you slip and fall on a wet floor in a grocery store or trip over a loose step in a parking lot, you might be entitled to compensation. Pennsylvania law requires property owners to make sure their premises are safe and free from hazards that could cause harm to others. However, this doesn’t mean that every injury on someone else’s property is automatically their fault. You will need to prove that the property owner was negligent and failed in their duty to keep the property safe.
The Duty of Care in Premises Liability Cases
In Pennsylvania, property owners owe a duty of care to people who are legally on their property. This means that they must take reasonable steps to prevent accidents. The duty of care a property owner owes depends on the type of visitor they are dealing with. There are three main categories of visitors in premises liability cases: invitees, licensees, and trespassers. Each category has different rules when it comes to the duty of care.
If you are an invitee, such as a customer in a store or a guest in a restaurant, the property owner owes you the highest duty of care. This means they must inspect their property regularly and fix or warn you about any hazards they find. They also need to take steps to prevent accidents. For example, if there is a wet floor in a store, the owner is expected to put up a warning sign or clean up the mess quickly.
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I highly Recommend Gibson & Perkins. I have used their services for approximately 6 years now and been through a few cases together with very positive outcomes. Personally, I have used Paul Fellman and Walter Timby on those occasions. Both, as a team & separately these Attorneys were wonderful to work with and easily accessible to reach if I had any questions. Professionalism is the word that comes to mind to describe the firm, as a whole. Always completely prepared for any surprises that may pop up during a trial. They were well versed on all pertinent info pertaining to each case. As I client, I always felt I was an integral part of the team, not an after-thought, that had to be brought up to speed a half hour before the trial started. I could not recommend this firm and Mr. Fellman and Mr. Timby any higher.
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If you are a licensee, such as a social guest in someone’s home, the property owner still has a duty to warn you about known dangers, but they are not required to inspect their property regularly. The duty of care is not as high as it is for invitees, but the property owner must still make sure they do not cause you harm on purpose or through their negligence.
If you are a trespasser, the property owner has the least duty of care. In this case, the owner is generally not responsible for your safety unless they intentionally harm you or cause you injury through extreme negligence. However, if the trespasser is a child, the property owner may be responsible for injuries caused by dangerous conditions on the property, especially if there is something that could attract children, like a swimming pool or a trampoline.
Negligence and Premises Liability Claims
To win a premises liability case in Pennsylvania, you will need to prove that the property owner was negligent. Negligence is the failure to take reasonable precautions to prevent harm to others. For example, if a store owner knows that there is a spill on the floor but does nothing to clean it up or put up a warning sign, that might be considered negligence. To prove negligence in a premises liability case, you must show the following:
The property owner owed you a duty of care.
The property owner was negligent in maintaining the property or failed to address a dangerous condition.
The dangerous condition directly caused your injury.
You suffered actual harm or damages as a result of the injury.
Proving negligence can be complicated, and it’s not always easy to gather the evidence you need. For instance, you might not know if the property owner was aware of the dangerous condition before your injury. That’s why it’s important to work with an experienced attorney who can help you investigate the accident and build a strong case.
Common Premises Liability Cases in Pennsylvania
There are many different types of accidents that fall under premises liability laws. Some of the most common include slip and fall accidents, falling objects, dog bites, and inadequate security. In each of these cases, the property owner may be held responsible if they were negligent in maintaining a safe environment.
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For example, slip and fall accidents are common in stores, restaurants, and public buildings. If a store fails to clean up a spill or put up a warning sign about a wet floor, and you slip and fall, they may be liable for your injuries. Inadequate lighting or broken stairs can also lead to accidents in homes or businesses. If the property owner fails to fix these hazards, they could be found negligent and responsible for any injuries that occur.
In dog bite cases, the property owner may be held liable if their dog attacks someone on their property, especially if the owner knew the dog was dangerous. Pennsylvania has a “one bite” rule, meaning that if a dog has previously bitten someone or shown signs of aggression, the owner is responsible for preventing future attacks.
Another area where property owners might be held responsible is in cases of inadequate security. If someone is attacked on the property because the owner failed to provide proper security measures, such as working locks or lights in a parking lot, they may be liable for your injuries.
How We Can Help You with Your Premises Liability Case
At Gibson & Perkins, we understand that dealing with a personal injury claim can be a stressful and confusing experience. We are here to help you every step of the way, from investigating the cause of your injury to filing your claim and representing your interests in court. Our team will carefully review the details of your case, gather evidence, and work to show that the property owner’s negligence caused your injuries.
It’s important to remember that Pennsylvania law gives you a limited amount of time to file a premises liability claim. If you wait too long, you may lose your right to seek compensation. That’s why it’s essential to act quickly and contact a skilled attorney as soon as possible. We will help you understand your legal rights and work to get the compensation you deserve for your medical bills, lost wages, pain, and suffering, and more.
If you have been injured on someone else’s property in Pennsylvania, you don’t have to face this difficult situation alone. The legal team at Gibson & Perkins is here to help you navigate the complexities of premises liability law and work to get you the compensation you deserve. We are committed to supporting you and ensuring that your rights are protected. Don’t wait—contact us today to schedule a consultation and get the legal help you need for your personal injury case. We are here to fight for you.