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Premises Liability Cases Are Very Hard To Win. Why?

On behalf of greg

When you go onto another person’s property, you should never have to worry about whether or not you will be safe. However, there are times when the careless or negligent actions of a property owner cause harm to others. When this happens, it may be necessary to file a premises liability lawsuit to recover compensation. However, our Philadelphia premises liability attorneys point out to these cases can be difficult to win. The team at Soloff & Zervanos, P.C. wants to discuss why this is the case.

Understanding premises liability cases

Property owners generally owe a duty to keep those who are allowed to be on their property safe. In general, this duty extends to public and private property owners. It is not uncommon for the following situations to arise that can cause harm to patrons:

  • Slip and fall or trip and fall incidents
  • Poor property maintenance
  • Dog bites or attacks
  • Inadequate security
  • Improper chemical usage or storage
  • Pool or hot tub accidents

However, premises liability cases can be difficult because they rely on the victim’s ability to prove the negligence of the property owner caused their injury. The plaintiff (injury victim) must show that the defendant (at-fault party):

  1. owed a duty of care to the plaintiff
  2. that there was a breach of the duty of care
  3. that the breach caused harm to the plaintiff
  4. that the plaintiff suffered physical or monetary damages

When we look at car accident cases, those instances are often easier to prove because they have assistance from police reports, video surveillance, eyewitness accounts, and more. However, much of this evidence may not be available for a premises liability case.

In a best-case scenario, the premises accident will be caught on a surveillance camera or witnessed by a third party. In a worst-case scenario, the only witness to a premises incident may be the victim themselves, with no other evidence to back up the claim.

Insurance carriers are not very likely to offer a settlement when there is no evidence to back up what the injury victim says happened. That is why it is vital to secure assistance from a Philadelphia premises liability lawyer as soon as an injury occurs. An attorney will have the resources and experience necessary to uncover evidence that may not be available to the victim. An attorney will also be able to obtain records related to the safety history of the property and the property owner.

Our team is ready to get to work

If you or a loved one have been injured due to the careless actions of a property owner or their employees, seek legal assistance today. At Soloff & Zervanos, P.C., our team will investigate your claims and work to secure the following compensation on your behalf:

  • All of your medical expenses related to the premises injury
  • Lost income if you cannot work while you recover
  • Pain and suffering damages
  • Loss of enjoyment of life damages
  • Possible punitive damages in instances of gross negligence

If you need a Philadelphia premises liability attorney, you can contact us for a free consultation by clicking here or calling us at 866-597-8572.