As a general rule, the owner of a piece of property is responsible for keeping it free of any hazardous conditions. This principle applies to owners of any kind of property, including businesses, homes, workplaces, etc. If a person suffers an injury due to an owner’s negligent actions, the owner could be held responsible. If you or someone you know has suffered an injury due to an owner’s negligent acts or omissions, you could be entitled to receive compensation for your medical expenses, loss of wages, and pain and suffering.
Our experienced Abington personal injury lawyer explains more about premises liability and what to expect from a personal injury claim. If you or your loved one has been injured on another person’s property call Reiff & Bily immediately for a free, confidential consultation at (215) 274-0072.
What is a Premises Liability Lawsuit?
A premise liability lawsuit focuses on the responsibility every property owner has: to keep their property free of any dangerous conditions. Every property owner must exercise a reasonable effort to learn about any existing hazard and repair it. Failing to follow this principle could lead to a premises liability lawsuit.
There are numerous reasons why an injured person would file a premises liability claim. Examples of accidents that can lead to a premise liability claim include, but are not limited to, the following scenarios:
Property owners must make sure all visitors are safe. Part of guaranteeing their safety lies in making sure their pets are safely kept from biting, especially if their pet(s) don’t do well around strangers. Statistically, a person is bitten by a dog every 2 minutes in the United States. This means millions of people will suffer injuries from dog bites that may require medical attention.
Slip and Fall Accidents
Slip and fall accidents are amongst the most common premises liability claims. Many factors come into play in accidents such as these. Cracked and uneven flooring, poor lighting, unsafe railings, and water puddles are only a few common causes of slip and fall accident injuries. A person could suffer severe consequences from this type of personal injury, including traumatic brain injuries (TBI), spinal cord injuries (SCI), broken bone injuries, and soft tissue injuries. In severe cases, a slip and fall accident can render a person completely paralyzed. The financial and emotional impact in such cases can be extreme.
Keeping a property safe from hazards require constant maintenance. In some instances, landlords, and managers fail to repair known issues such as leaking pipes, exposed wires, tripping hazards, exposed nails or screws, and other dangers.
A property owner must make sure his or her property is safe, especially when there are minors around. Some dangerous items, such as a pool, might look enticing for a kid who lives nearby. Part of an owner’s responsibility is to ensure their pool’s safety by placing a security fence around it or using a cover over the swimming pool. Failing to do so, could lead to a premises liability claim if a child is injured on their property.
Dangerous Business Premises
Businesses and other entities are responsible for ensuring their guests’ safety. Part of their responsibility includes maintaining proper lighting on all premises, keeping all interior hallways and space free of any dangerous condition, and placing any necessary warning sign.
The mentioned instances do not represent every possible scenario that might lead to a premises liability claim. Nonetheless, they are illustrative of ways an individual might become injured while on another person’s property.
Proving Negligence in a Premises Liability Claim
To establish a premises liability claim based on a negligence theory, a plaintiff must demonstrate the following four elements:
- The property owner owed a duty of care to the plaintiff.
- The owner breached their duty of care.
- The breach of duty caused injuries to the plaintiff.
On a premises liability claim, a plaintiff can also resort to a strict liability claim. On a strict liability claim, the plaintiff doesn’t need to prove a breach of duty if the condition that leads to his or her injuries was inherently dangerous. For instance, if a property owner knew their dog was aggressive and dangerous and the dog bites any guest, then the dog bite injury victim can file a premises liability claim based on strict liability. Finally, keep in mind that the state of Pennsylvania sets forth a deadline to submit a claim. A plaintiff has two years from the date of the incident to file a premises liability. Failing to do so can leave you without legal recourse.
Premises Liability Lawyer Serving Abington Residents
If you or a loved one has suffered injuries while on another person’s property, you could be entitled to obtain compensation. Our experienced Abington premises liability lawyers at Reiff & Bily can help you recover damages for your injuries. To schedule a free consultation on your case, call our law offices today at (215) 274 -0072.