An individual who slips, trips, or falls on property other than his or her own due to the owner’s negligence could be entitled to file a lawsuit. The person or facility responsible for keeping a property safe from hazardous conditions is liable if they do not exercise proper care and due diligence to correct any hazardous condition on their property. The premises liability lawyers at Reiff & Bily bring decades of experience to every case they handle and can help determine whether you can file a lawsuit.
If you or someone you know has been injured due to the negligent actions or inactions of a property owner, we may be able to help. You could be entitled to compensation for damages suffered. Call (215) 274-0072 today to schedule a free consultation with our Norristown, PA premises liability lawyers.
What is Premises Liability?
Property owners are held liable for any injuries an individual sustains on their property. Therefore, owners have a duty to keep their properties free from possible harm. If they fail to exercise due diligence and an individual is injured while on the owner’s property, they could be entitled to damages for any injury sustained. To hold a property owner responsible for an individual’s injuries, the victim must demonstrate the owner was negligent. In this case the victim must show the following:
- The owner had a duty of care to the individual on their property.
- The owner breached his/her duty of care.
- The breach of the owner’s duty caused harm.
- The harm caused by the owner’s breach of duty resulted in damages.
Essentially, people who suffer an injury on another person’s property can hold the owner responsible for injuries sustained, provided they can demonstrate every single one of the above four requirements were present.
However, the owner of a property is not always completely responsible for injuries sustained on a property. Sometimes, the victim is partly to blame for the accident. For instance, walking barefoot in the grass may contribute to a puncture wound you could have avoided by wearing shoes. However, the property owner may still be liable if they left dangerous, sharp objects like nails or broken glass hiding in the grass on their property.
Some of the most common premises liability cases include but are not limited to the following:
- Amusement park accidents
- Poor lighting on stairs
- Poor lighting and maintenance on parking lots
- Slip and fall accidents
- Roadway defects
- Sidewalk defects
- Construction site accidents
- And more.
When is a Property Owner Responsible for Injuries?
An owner’s duty of care is determined by the type of person that enters their property. Such is the case for “invitees,” “licensees,” and “trespassers.”
Invitees are the individuals who enter a property to conduct lawful business with the permission of the owner. The property owner must ensure their surroundings are kept free from danger or hazard, both known and unknown. The duty of care an owner owes to an invitee is of the highest level. Therefore, the owner must correct any danger and notify the invitee of the existence of such danger. Failing to exercise due care or diligence in correcting or fixing known and unknown dangers can result in liability for any injuries sustained by the invitee.
Different from an invitee, a licensee is a person who enters the property of an owner – with consent – for purposes other than business. A licensee could be a family member dropping by your house, a neighbor, or a visiting friend, among others. While the duty of care owed is less than that owed to an invitee, owners still must ensure all licensees safety by eliminating or warning about any hidden dangers.
Trespassers are individuals who enter a property without the owner’s permission. Even though an owner owes very little duty of care to a trespasser, he or she must make sure there are no evident dangers that might injure a trespasser. For instance, such would be the case of a minor who trespasses a property to use a swimming pool or a trampoline. If the property owner does not take measures to make their property safe, and a minor gets injured, they could be held liable under the “attractive nuisance” rule.
As you can see, handling a premises liability case requires proving various elements. Therefore, is important you retain the services of a skilled and knowledgeable personal injury lawyer like those at the law offices of Reiff & Billy.
Norristown Premises Liability Injury Lawyers Offering Free Consultations
If you or someone you know was injured due to the negligent actions of the property owner, you could be entitled to receive compensation for your injuries. Reiff & Bily’s Norristown premises liability attorneys represent injury victims and their families, and we fight to get you the compensation you need for medical expenses, lost wages, and pain and suffering. For a free consultation on your premises liability injury case, contact our law offices today at (215) 274-0072.