From the moment you enter a building or step into a parking lot or garage, you expect that it is structurally safe and stable. This is due to the fact that property owners have a legal obligation to maintain the property in a condition that is free from hazards. What tends to happen sometimes though involves property owners not complying with the laws set forth to protect customers and guests. Whenever a property owner fails to keep their land safe, it can result in injuries or death.
If you or a loved one were injured on someone else’s property due to dangerous conditions, you may be able to hold the property owner accountable. Filing a lawsuit with a premises liability attorney in Philadelphia will help you recover compensation.
What is Premises Liability?
To better understand premises liability, it is helpful to define these terms. Premises is a property that belongs to an individual, business, or government. Here is a list of premises examples that include but are not limited to:
- Amusement parks
- Apartment complexes
- Movie theatres
- Shopping malls
- Train stations
Liability means holding a negligent party accountable for injuries and losses sustained by a victim. If an individual is injured due to a slip and fall from a puddle at a grocery store, the company could be liable.
What is Duty of Care?
If you were injured on someone else’s property a premises liability attorney will be able to discuss whether or not you can sue the property owner. A property owner may be liable for an injury on their land if:
- Duty of care or the property owner’s responsibility of care to the victim. Businesses have a duty of care to ensure their land is safe for all visitors. This involves regular maintenance and repairs.
- Breach of duty if the property owner failed to maintain their land in a reasonably safe condition.
- Causation if the victim’s injuries and death occurred due to the landowner’s actions or failure to take action.
- Damages or actual harm as a result of negligence. This includes medical bills and injuries.
If any of these facts are true, the victim may be able to recover financial compensation. Premises liability attorneys negotiate a settlement, go to court and litigate the claim.
Premises Liability Violations
Philadelphia premises liability attorneys see slip and fall injuries the most when it comes to these types of claims. This is mainly because slip and fall accidents are rarely an accident. They occur because of dangerous or defective property. While slip and fall cases constitute a majority of premises liability cases, there are other hazards that also injure or kill innocent people. Below is a list of other premises liability cases:
- Assault injuries
- Balcony collapses
- Building code violations
- Burn injuries caused by fires
- Chemical burns
- Elevator injuries
- Escalator injuries
- Inadequate lighting
- Smoke inhalation injuries
It is important to note that property owners are not responsible for all injuries that occur on their property, regardless of how severe or permanent. The liability of the landowner depends on factors like comparative negligence of the victim, injured victim’s status on the property, or the negligence of the property owner.
Speak to a Philadelphia Premises Liability Attorney Today
Victims need not forget that premises liability claims may seem straightforward, they can be complex and challenging to prove in court. Hiring an experienced personal injury attorney who is familiar with common defenses to premises liability cases and overcoming them is imperative. Many law firms offer free initial legal consultations and work on a contingency basis. That means the firm and attorneys will not get paid unless they are able to recover compensation for the victim. After an accident at a Philadelphia big box store, a premises liability attorney will fight for the victim’s rights. It is a collective common goal for all attorneys to recover financial compensation for any and all injuries sustained in an accident. Call Kwartler Manus at 267-457-5570 today.