When you leave your property to be on someone else’s property, you have reason to expect you’ll spend your time safely and leave with no injuries - particularly if you are the guest of someone, you’re shopping at a retail store or have arrived at someone’s office for business. However, not everyone keeps their property in safe condition.
If you’ve been injured while on someone else’s property, you may have a claim to get compensated for your damages.
Philadelphia Premises Liability Lawyer
An aggressive Philadelphia premises liability lawyer can help you recover for the medical bills, lost wages and other damages you have suffered as a result of a property owner not sufficiently maintaining their grounds. Our personal injury attorneys at Alva & Moscow, LLC fight for their clients’ right to be compensated after accidents that occur on other people’s property, whether they involve wet floors, cracks or holes in the floor or ground, swimming pools or other dangerous conditions.
If you’ve been injured on another person’s property, call us today at (215) 665-1695 to schedule a consultation. We represent clients in and around Philadelphia, including Bucks County , Delaware County, Montgomery County and Chester County, and throughout Pennsylvania and New Jersey.
Philadelphia Premises Liability Information Center
Most premises liability claims are based on the legal theory of negligence, Negligence has four elements: duty, breach, causation and damages. To determine whether any of the latter three may have occurred, it must first be determined what kind of duty the landowner had to the person on the premises.
Invitee: The landowner owes the highest duty to invitees, specifically, business invitees. A business invitee is a person that has been invited on the premises for the purpose of conducting a business the landowner is in, like a customer at a store. There are also public invitees who are people invited onto the property for purposes for which the property is available to the public.
An invitee has a duty to make a reasonable inspections for potential dangers on the property. Upon finding them, the property owner must make a reasonable effort to either fix the danger or warn of the danger.
For instance, a bottle of oil falls and breaks at a grocery store. The store manager should be checking for such dangers on a regular basis throughout the day. Upon finding it, the store should at least put up a sign warning customers of the spill until cleaning it up. If the store manager fails, and there is a slip and fall, the store may be liable for the customer’s injuries.
Licensee: A licensee is a person who has implied or express permission to be on a landowner’s property. While a person who has been invited to dinner or a party at a house may seem like an invitee, they are actually licensees. Implied permission means the person is engaging in conduct they would reasonably believe would allow them on the property, like a delivery person.
A property owner has the duty to warn licensees of dangers he or she knows about or should know about. For instance, if a property owner is hosting a party and knows there is a hole in the ground that guest could trip over, he or she has a duty to warn guests.
Trespasser: A trespasser is a person who has no permission to be on the premises, and is there for their own purposes. A landowner has no duty to a trespasser other than to not harm them intentionally, and to warn them of dangers once discovered.
The exception is if the trespasser is a child, and the property owner has something on the property that he or she knows or should know will interest children. This is called an “attractive nuisance.” The property owner then has a duty to secure the nuisance. For example, if the owner has a swimming pool that is visible from the street, he or she should fence it in, lest children wander up to it and fall in.
The damages you suffer depends greatly on the type of accident you have, and could vary widely. For example, there are a variety of accidents that may occur in a retail store. In a retail store accident you could suffer broken bones from falling, be burned by chemicals or get hurt by a criminal who would not be there but for negligent security.
Damages to compensate you fall under two categories, though:
Economic damages are for the measurable damages you suffer that you can prove with bills, paychecks and other hard evidence, like medical bills and lost wages; and
Noneconomic damages, which are not as easily measured but are very real, like pain and suffering, loss of life’s pleasures and humiliation and embarrassment.
Under limited circumstances, punitive damages may also be awarded.
Dealing with Pennsylvania Insurance Companies
Most commercial properties and many homeowners will have liability policies, and if injured on the property, you will most likely be seeking a claim from the policy. Insurance companies may try to settle, but they will likely offer a low figure far below the actual extent of your damages. They may also try to tell you you don’t have a claim.
Don’t believe insurance companies, and don’t accept their settlement offer. The insurance company’s only goal is get away paying as little as possible.
A Philadelphia personal injury lawyer can negotiate to get the best settlement. You have final say over whether the settlement is sufficient. If you are not satisfied, the attorneys at Alva & Moscow, LLC have no problem taking the insurance company to court.
Alva & Moscow, LLC | Philadelphia Attorney for Property Accidents
We are tough negotiators and tough trial lawyers at Alva & Moscow, LLC. We can deal with the insurance company if you’ve been hurt on someone else’s property. Whether it was a slip and fall, swimming pool accident, elevator or escalator accident or anything else, a Philadelphia premises liability lawyer can represent you. Call us today at (215) 665-1695 for a consultation.
Pennsylvania Premises Liability FAQs
Can I sue if I fell in a store or on someone's property?
Yes, if the property owner knew or should have known about a dangerous condition and failed to fix or warn about it. Pennsylvania law classifies visitors as invitees, licensees, or trespassers, and the duty owed differs for each. Customers in a business are invitees and are owed the highest duty of care.
What do I have to prove in a slip and fall case?
That a dangerous condition existed, that the owner had actual or constructive notice of it, that they failed to remedy or warn, and that the condition caused your injury. Constructive notice - proving the hazard was there long enough that a reasonable owner would have found it - is usually the hardest element and often turns on surveillance video.
What is the hills and ridges doctrine?
It is a Pennsylvania rule limiting liability for falls on snow and ice. During generally slippery conditions, an owner is not liable unless the snow or ice had accumulated in ridges or elevations that unreasonably obstructed travel and the owner had notice. The doctrine does not apply where the ice came from a defect such as a broken downspout or a poorly graded surface.
How long do I have to file a premises liability claim in Pennsylvania?
Two years from the date of the fall under 42 Pa.C.S. § 5524. If the property is owned by a city, township, school district, or transit authority, written notice is required within six months, and the damages recoverable against government defendants are capped by statute.
What should I do immediately after falling on someone's property?
Report it to the manager and insist on a written incident report, photograph the hazard and the surrounding area before it is cleaned up, get the names of any witnesses, and seek medical care that day. Surveillance video is frequently overwritten in 14 to 30 days, so a preservation letter from an attorney needs to go out quickly.
Can I recover if I was not watching where I was going?
Often yes. Pennsylvania's modified comparative negligence rule reduces your recovery by your share of fault but bars it only if you were more than 50 percent responsible. Insurers routinely overstate a plaintiff's inattention, and the presence of an open hazard does not excuse an owner who created it.
Who is responsible when a tenant is injured - the landlord or the tenant?
It depends on control. A landlord is generally responsible for common areas, structural conditions, and any defect they agreed to repair or knew about, while a tenant may be responsible for hazards within their exclusive control. Where control is disputed, both are typically named and the allocation is decided in the case.
Finding The Best
Attorney in PhiladelphiaFor Your Case
If you are facing any kind of injustice, be it a wrongful criminal accusation or being injured by the
negligence of another, a fearless Philadelphia attorney from Alva & Moscow, LLC can fight zealously for
your rights. We can serve as your criminal defense lawyer or your personal injury attorney. We apply our
principles of aggressive representation to seek the best results for you.
We represent clients throughout the Philadelphia area, including Bucks, Chester, Montgomery and Delaware
Counties, as well as Pennsylvania and New Jersey.
