While we wish that every activity, gathering or other event could be injury-free it is an unfortunate fact that injuries do happen. However, many accidents do not have to occur. Sometimes relatively simple actions can prevent severe injury and the costs associated with it. For instance, if there is a spill in a retail store like Target or Giant, it would be expected for the spill to be cleaned-up promptly and adequate warning given of the condition.
The lawyers of Reiff & Bily have protected those injured due to negligence or recklessness for more than 34 years. If you have had an accident in a home, store, or on the property of another person contact us today to learn how we may be able to secure monetary compensation for your injuries.
What Types of Premises Liability Actions are there?
Whether due to an obvious defect or one that was latent, an injury can prevent you from working and cause severe pain and suffering. While premises liability accidents can occur in many circumstances, some common scenarios for accidents include:
- Slip and fall – The slip and fall is the classic premises liability action. While there are many variations of this type of accident the basic facts involve a guest or other individual who slips and falls on a dangerous condition. The dangerous condition may be snow or ice on a sidewalk, water or juice on the floor of a retail store,
- Negligent security – When a residential complex provides security for its tenant but the security is negligent, a claim may be appropriate.
- Parking lot liability – In some instances where a safe means of ingress or egress have not been provided, a premises liability action may be brought. Failure to provide adequate lighting in a parking area constitutes and unsafe condition in some jurisdictions.
- Swimming pool liability – If an accident occurred in a swimming pool due to a defect or horseplay we can help. Likewise, if the pool acted as an attractive nuisance to your child, we can also work to recover damages.
Many additional scenarios for premises liability lawsuit exist. We can assist you with actions stemming from any of the above events or other scenarios.
What Actions Must a Home or Landowner Take in Pennsylvania?
In Pennsylvania, as in many other states, the duty of care owed to an individual is dependent upon the reason they are on the property. Typically this distinction between the standard of care is broken down into invitees, licensees and trespassers.
- Invitees – Pennsylvania divides invitees into those there for public purposes and those present for business purposes. Generally a property owner in Pennsylvania must undertake a inspection of the property. If defects are uncovered then the home or landowner must take reasonable steps to protect or warn the invitee of the condition.
- Licensees – A licensee is someone who is given permission by the owner to be on the land or property. Permission can be given explicitly by the land owner or it can be implied. While land owners must warn or correct known conditions, they are generally not under a duty to undertake an inspection.
- Trespassers – Trespassers are typically not owed any duty of care by a landowner. A landowner however may not take action to intentionally endanger the health or safety of the trespasser.
- Trespassing children – Certain artificial conditions that are likely to attract children can trigger a duty to exercise reasonable care even though the child is a trespasser.
Determining the status of an individual is often a fact-intensive process. An experienced lawyer can help you make this determination and understand your rights.
Reiff & Bily have protected the rights of the injured for more than 34 years. For your free consultation call us at (215) 274-0072 or contact us online today.