Best Premises Liability Lawyers in Pennsylvania

About Premises Liability Law in Pennsylvania, United States

Premises liability is a branch of personal injury law that holds property owners and occupiers responsible for injuries that occur on their property due to unsafe or hazardous conditions. In Pennsylvania, if you are injured on someone else’s property, you may be entitled to seek compensation if the property owner’s negligence caused or contributed to your injuries. Premises liability claims commonly arise from slip and fall accidents, inadequate maintenance, defective conditions, construction site accidents, and lack of proper security. The law in Pennsylvania balances the rights of individuals to recover damages with the duties and responsibilities of property owners to keep their premises safe.

Why You May Need a Lawyer

Premises liability cases can be complex and challenging to handle without legal expertise. Here are common situations where you may benefit from the advice and assistance of a lawyer:

• You suffered injuries due to a slip and fall accident in a store or on public property.
• Your child was injured while playing at a neighbor’s home or local playground.
• You were assaulted in a poorly lit parking lot or apartment complex due to inadequate security.
• You encountered dangerous conditions at a construction site or workplace.
• The property owner or their insurance company denies responsibility for your injuries.
• You are unsure about gathering evidence or determining the value of your claim.
• You face costly medical bills and lost wages as a result of your accident.

An experienced attorney can help you understand your legal rights, gather necessary evidence, negotiate with insurance companies, and represent your interests in court if needed.

Local Laws Overview

In Pennsylvania, premises liability law is shaped by both statutory law and court decisions. Property owners and occupiers’ duties vary depending on the legal status of the visitor:

• Invitees: People invited onto property for business purposes, such as customers in a store. Owners must inspect and maintain the property and warn invitees about hidden dangers.
• Licensees: Social guests or those visiting for non-business reasons. Owners have a duty to warn about known dangers that are not obvious.
• Trespassers: Individuals entering without permission. Owners usually owe limited duties, but cannot willfully harm trespassers and must warn of highly dangerous conditions if known.

Pennsylvania follows a modified comparative negligence rule. If you are partially at fault for your own injury, your damages may be reduced by your percentage of fault. However, if you are found to be more than fifty percent responsible, you cannot recover damages.

In addition, Pennsylvania has a statute of limitations for personal injury claims, including premises liability. Typically, you have two years from the date of the injury to file a lawsuit.

Frequently Asked Questions

What is premises liability?

Premises liability refers to the legal responsibility property owners and occupiers have for accidents and injuries that occur on their property due to unsafe conditions.

What types of accidents are covered under premises liability in Pennsylvania?

Slip and fall accidents, trip and fall incidents, swimming pool accidents, falling objects, dog bites, elevator and escalator accidents, inadequate security, and injuries due to defective property conditions may be covered.

How do I prove a premises liability claim?

You typically must show that the property owner owed you a duty of care, breached that duty by failing to remedy or warn about a dangerous condition, and that breach caused your injuries and resulting damages.

What defenses do property owners commonly use in premises liability cases?

Common defenses include arguing that the injured party was careless or not paying attention, that the hazard was open and obvious, or that the owner did not have enough time to discover the danger.

Does Pennsylvania follow comparative negligence laws?

Yes. If you are partly at fault for your injury, your compensation may be reduced proportionally. If you are more than fifty percent at fault, you cannot recover damages.

What should I do after being injured on someone else’s property?

Seek medical attention, report the incident to the property owner or manager, document the scene with photos, collect contact information from witnesses, and consult a qualified premises liability attorney.

How long do I have to file a premises liability lawsuit in Pennsylvania?

Generally, you have two years from the date of the accident to file a personal injury lawsuit in Pennsylvania.

Can I bring a claim if I was injured while trespassing?

Property owners owe limited duties to trespassers, but in some situations, you may have a claim, especially if the injury involved willful or reckless conduct or highly dangerous conditions known to the owner.

What compensation can I receive in a premises liability case?

Victims may seek compensation for medical expenses, lost wages, pain and suffering, disability, rehabilitation costs, and sometimes punitive damages in cases of egregious conduct.

Do all property owners have the same duty of care?

No. The duty of care owed depends on whether you are an invitee, licensee, or trespasser. The highest duty is owed to invitees, while the lowest is owed to trespassers.

Additional Resources

For those seeking more information or assistance regarding premises liability in Pennsylvania, the following resources and organizations can be helpful:

• Pennsylvania Bar Association - Offers resources for consumers seeking legal help.
• County or local bar associations - Many offer lawyer referral services.
• Pennsylvania courts' self-help and information websites - Provides guidance for individuals navigating the civil court system.
• Pennsylvania Department of State - For verifying attorney licenses and credentials.
• Local legal aid organizations - May provide free or low-cost assistance if you qualify.

Next Steps

If you believe you have a premises liability claim, consider the following steps:

• Seek all necessary medical care and document your injuries.
• Gather as much information as possible, such as photographs, witness statements, and accident reports.
• Do not sign documents or accept settlements from insurance companies without consulting a lawyer.
• Contact a qualified premises liability attorney in Pennsylvania to discuss your case and get advice tailored to your situation.
• Stay informed about deadlines to file your claim, including the statute of limitations.

Taking prompt and informed action can help protect your legal rights and improve your chances of obtaining fair compensation for your injuries and losses.