Property owners have a legal duty to keep their property safe for visitors by removing hazards and warning of potential dangers. When someone is injured due to the property owner’s negligence, they can recover under a theory of premises liability. When you are on someone else’s property as a social or business guest, you trust the property owner to ensure your safety.
When you were injured by a hazard on someone else’s property, you could have a cause of action for negligence. Consider contacting an Allentown premises liability lawyer to discuss your legal rights and options. While no amount of compensation can reverse the harm you suffered, a successful injury lawsuit can reimburse the cost of your medical care, lost income, and other related expenses. Do not hesitate to contact a personal injury attorney to determine whether you have a claim against the property owner whose land you were injured on.
Premises liability claims focus on the landowner’s failed efforts to keep their property safe from hazards. Other factors can impact the person’s claim, including whether they were lawfully on the property at the time of the accident.
State law categorizes visitors based on certain factors:
When an individual is on someone’s property for a business purpose, they are an invitee. A repairman, customer, or patient could be an invitee. Property owners have a high standard of care for this category and must identify and eliminate potential hazards for invitees.
The standard of care is lower for social guests or someone with permission to enter the property. Property owners have a duty to warn a licensee of known hazards.
A trespasser is someone on the land illegally. Landowners have no legal duty for this category as it is unreasonable to expect a trespasser on their land. The law treats child trespassers differently, recognizing under the attractive nuisance doctrine that property owners must take reasonable precautions to prevent foreseeable accidents with children. For example, it is foreseeable that children may illegally enter someone’s land to use their pool. Property owners can protect themselves by locking gates.
A premises liability lawyer in Allentown could determine the applicable standard of care for a person’s case.
Under premises liability laws, property owners owe a significant responsibility for the safety of their invited visitors. Whether the property is commercial, residential, or publicly owned, many dangerous situations can cause someone to suffer a preventable injury.
Some common examples of situations that can result in a premises liability suit include:
The injuries someone can suffer due to the negligence of a property owner can be devastating physically, emotionally, and financially. A lawyer in Allentown could ensure a premises liability claim accounts for all injuries and losses.
Common injuries in premises liability claims include broken bones, spinal cord injuries, traumatic brain injuries, and injuries from falls or accidents caused by dangerous conditions on the property. These injuries can result in significant medical expenses, lost wages, and pain and suffering. Wrongful death can sometimes occur due to accidents on a negligent landowner’s property, leading to further damages.
In premises liability cases, damages refer to the injuries and losses a plaintiff experiences due to a property owner’s negligence. These damages can be both economic (financial) and non-economic (emotional). Economic damages include medical expenses, lost wages, and property damage, while non-economic damages cover pain and suffering, emotional distress, and loss of enjoyment of life.
Premises liability cases involve specific legal standards regarding duty of care, negligence, and foreseeability of harm. An Allentown lawyer can help you understand these premises liability laws, how they apply to your specific situation, and what options are available to pursue monetary relief.
A premises liability claim, often involving a slip and fall or other injury on someone else’s property, requires proving negligence. This involves establishing the property owner’s duty of care, their breach of that duty, causation between the breach and the injury, and resulting damages.
The property owner must have owed the injured person a duty of care. This duty varies based on the injured person’s status on the property (invitee, licensee, or trespasser). Next, the property owner must have failed to uphold their duty of care, such as failing to maintain the property, repair hazards, or warn of known dangers.
The property owner’s breach of duty must have directly caused the injury, and the injured person must have suffered actual damages, such as medical expenses, lost wages, or pain and suffering. An Allentown attorney can help you file a premises liability claim against a negligent property owner and gather all the required evidence.
After gathering evidence, a claim is filed with the property owner’s insurance company. The injured party and their legal representative negotiate a settlement with the insurance company. If a settlement cannot be reached, the case may proceed to litigation, where the case goes to court. Pennsylvania has a two-year statute of limitations for premises liability claims, meaning a lawsuit must be filed within two years of the incident.
After a premises liability incident, the immediate steps you should take are to prioritize your safety and seek medical attention if needed. Even if your injuries seem minor, it is crucial to get them checked out by a doctor. Be sure to keep all medical records, bills, and any other pertinent information related to your injuries and treatment, as these would be vital evidence in a subsequent legal claim.
If you are able to, take photos and videos of the accident scene, including the hazard that caused the injury, as well as your injuries and any damage to your personal property. Write down everything you remember about the accident, including the date, time, location, what happened, and any other relevant details.
If there were any witnesses to the incident, be sure to keep their contact information. Witness statements can be valuable in supporting your claim. Inform the property owner or manager about the incident. If it is a business, you may also want to report it to the manager or supervisor on duty.
You also need to seek legal advice as soon as possible. A premises liability attorney in Allentown can assess your case, advise you on your legal rights and options, and help you navigate the legal process.
Premises liability lawsuits can be complex. Landowners often dispute their awareness of the dangerous condition on the property. Fortunately, an experienced Allentown premises liability lawyer could advocate on your behalf.
When you are injured on someone else’s property, they could and should be held responsible, whether at someone’s home, a store, or public property. Our attorneys could help you understand who is liable for your losses and assist you with building a strong claim. Contact our firm to discuss compensation for your injuries.
