A premises liability accident can occur on any land or property that is owned or controlled by another person. Essentially what this means is that the places that a premises liability accident can occur is limited by the places you go to. Premises liability situations can arise in places including:
- Retail stores
- At a neighbor’s home
- In a parking lot
- In an office building
- At the mall
- While walking down the sidewalk
- At a friend’s pool
- On a stairway
These examples only offer a small glimpse of the locations that a premises liability accident could occur. Whether your accident was a slip and fall, a trip and fall, or occurred in a different fashion the experienced attorneys of Reiff & Bily can work to obtain compensation for your injuries. However, time is of the essence because Pennsylvania’s personal injury statute of limitations requires all matters to be filed within two years of the injury. If you delay your ability to bring suit and obtain compensation may be foreclosed.
What Types of Compensation Are Available?
Each and every case is replete with its own unique circumstances, factors and considerations. Therefore an attorney can only speak specifically about your case after a complete and thorough review. However certain types of damages are generally available in premises liability matters. These damages include damages intended to compensate you for your injuries and damages intended to punish the reckless or negligent party. Compensatory damages may include:
- Lost wages
- Doctor bills
- Hospital bills
- Pain and suffering
In contrast, punitive damages are not intended to make the plaintiff whole. Rather punitive damages are designed to punish the bad actor. The idea is that punishing the party by hitting them in the pocketbook will deter others from taking similar actions.
What are Common Premise Liability Accidents
Similar to the previously discussed potential locations of a premises liability accident, the circumstances through which the accident occurs are also nearly limitless. For example, inadequate lighting in a hallway, parking lot or store could potentially conceal a dangerous condition that leads to injury. Similarly, an uneven surface can cause an individual to trip and fall regardless if it is a cracked sidewalk, uneven carpeting, a loose floorboard, or a crumbling curb. Other circumstances where a premises liability action can arise include:
- Merchandise falls from the shelves on to a consumer in a store
- Improperly secured awning or signage falls onto a customer
- When a puddle or wet spot on the floor exists
- When snow, ice or other debris is not cleared from a walkway
All of these potential premises liability circumstances can result in broken bones, a sprained knee or ankle, traumatic brain injury, cuts, scrapes and bruises.
What Actions Must a Pennsylvania Landowner take?
The types of actions a Pennsylvania landowner or a person who controls a property must take is dependent upon the status of the individual on the property or the land. Generally speaking, those who are granted permission to be on the property are owed a greater duty of care than a person without permission. In fact, for a person without permission, also known as a trespasser, a landowner has no duty to warn or protect them from dangerous conditions. However, may not undertake intentional action that harms or endangers the trespasser. Furthermore, in certain situations where the trespasser is a child, liability may attach regardless.
If you have been injured on the property of another person, you may have a premises liability claim. For your free and confidential consultation, contact the experienced attorneys of Reiff & Bily by calling (215) 274-0072 or contact us online.