What is a premises liability lawsuit?

A premises liability case is where a property owner or landlord fails to maintain their property and is held responsible for injuries sustained as a result of their negligence in fixing their dangerous premises condition. Premises liability injuries usually lead to extended hospital stays and therapy appointments.

Premises liability cases require that the owner or landlord knew or should have known of the defective or hazardous condition.  This is the true test of premises liability. The owner or landlord’s duty of care also varies depending on whether the injured person is a business invitee, a licensee, or a trespasser. A business invitee is required to inspect and correct dangerous conditions, whereas as a licensee or guest, the owner or landlord has a duty to correct or to warn but does not have a duty to inspect. The duty to a trespasser is limited to intentional or reckless injury, with some exceptions, such as an attractive nuisance in the case of a child trespasser. For example, a child attracted to a swimming pool or a known sledding area on a golf course might fall into a higher duty of care than a trespasser.

It is important to secure evidence and surveillance videos immediately following a premises liability accident.

Common types of premises liability cases in Philadlephia are:

• Dog bite injuries
• Slip, trip or fall injuries
• Balcony, Deck or Porch Collapse
• Swimming pool injuries
• Retail store injuries
• Restaurant injuries
• Apartment complex injuries
• Gas Station injuries
• Unsafe property injuries

Comparative Negligence in Premises Liability Cases

Pennsylvania is a Comparative Negligence jurisdiction and follows the modified comparative negligence 51% rule. This means that Pennsylvania is a plaintiff-friendly state. In Pennsylvania, a plaintiff can be up to 50% responsible for their injury and still collect damages in a premises liability claim.  If a plaintiff is determined to be more than 50% responsible for their injury, they are not able to recover damages for their injury. In the case of comparative negligence, the award is reduced by the percentage that the defendant is found negligent. For example, if the defendant is found to be 60% negligent and the plaintiff is 40% negligent and the award is $100,000, the award will be reduced to $60,000.

Compensation for your injury in dangerous premises lawsuits

If you were injured on a dangerous property due to the negligence of a property owner or landlord, you may be entitled to compensation for the injury you sustained.  Premises liability compensation includes your hospital and doctor bills, past and future loss of income; pain and suffering, loss of consortium, as well as compensation for a permanent injury such as a permanent scar or limp.

Consult with a Philadelphia Premises Liability Lawyer as soon as possible to preserve evidence and protect your rights.

Premises liability claims must be handled properly for a successful outcome. If you believe that you were injured in a dangerous premises liability accident, it is best to consult with an experienced Philadelphia Premises Liability Lawyer as soon as possible to preserve your case. A skilled Philadelphia Premises Liability Lawyer will collect and preserve your evidence while it is still available, document your injury, pain and suffering, and protect your rights for you to receive the compensation you deserve. These claims are best handled by former defense attorneys who understand the loopholes insurance companies use to avoid paying premises liability claims.