Philadelphia Premises Liability Lawyer

Accidents on someone else’s property can happen anywhere—a grocery store, an apartment complex, or even a friend’s home. When these accidents occur due to unsafe conditions, the property owner may be legally and financially responsible for your injuries.  The Centers for Disease Control and Prevention (CDC) reports that accidental injuries caused 25.5 million emergency room visits just in 2022, as well as nearly a quarter of a million fatalities, ranking them the fourth leading cause of death in the US.

If you’ve been injured on another person’s property, understanding your rights and partnering with a qualified and experienced Philadelphia premises liability lawyer can make all the difference in getting justice and recovering fair compensation. We offer free consultations at Laffey Bucci D’Andrea Reich & Ryan, so consider reaching out to us to discuss your case and your rights now.

What Premises Liability Refers To

Premises liability is a legal concept that falls under the general category of personal injury law. It holds property owners and occupiers responsible for maintaining safe conditions on their premises. In Pennsylvania, property owners have a duty to protect visitors from hazards they know about—or should reasonably know about—on their property, including residential rental property codes.

If they fail to meet this duty, and someone gets injured, the injured person may be due compensation by filing a premises liability claim.

Premises liability law applies to various scenarios, including slips and falls, dog bites, swimming pool accidents, injuries caused by inadequate security, and even attractive nuisances. Every liability situation is unique, but all of them share a common issue: they must be able to prove that it was the property owner’s negligence that directly contributed to the injury.

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Common Types of Accidents That Occur on Others’ Premises

Premises liability accidents can stem from a variety of unsafe conditions. Some of the most common causes include:

  • Slippery Floors: Spills, leaks, or wet floors without warning signs can lead to dangerous slip and fall accidents. Pennsylvania law also has specific requirements for property owners when dealing with snow and ice.
  • Broken or Uneven Surfaces: Damaged sidewalks, potholes, or uneven flooring can create tripping hazards.
  • Inadequate Lighting: Inadequate or burnt-out lighting in hallways, stairwells, or parking areas can worsen the risk of accidents.
  • Faulty Stairs or Railings: Broken handrails or poorly maintained stairs can cause severe injuries.
  • Lack of Security: Inadequate security measures, such as broken locks or lack of surveillance, may lead to assaults or other criminal activity.

When these hazards exist, and the property owner fails to address them, they may be liable for injuries that occur as a result.

Common Injuries in Premises Liability Cases

Premises liability accidents can result in a wide range of injuries, some of which can have long-term, even life-long consequences.

Some common premises injuries include:

  • Fractures and Sprains: Slips, trips, and falls can end in broken bones, sprains, or other muscle or skeletal injuries, leading to long-term, even life-long, disabilities.
  • Head Injuries: Falls or other accidents can result in traumatic brain injuries, ranging from mild concussions to severe brain damage.
  • Back and Spinal Cord Injuries: Injuries to the back or spinal column can leave victims dealing with chronic and debilitating pain, mobility limitations, and even paralysis.
  • Cuts and Lacerations: Sharp objects, broken glass, or unsafe surfaces can lead to deep cuts that require medical attention.
  • Psychological Trauma: In some cases, victims of premises liability accidents may suffer emotional distress or even post-traumatic stress disorder (PTSD), especially if an assault or other criminal act were involved.

Determining Fault in a Premises Liability Case

Not every injury on someone else’s property results in a valid premises liability claim. To succeed, the injured person must prove the following elements:

Duty of Care

Property owners or occupiers typically owe a duty of care to those injured on their property. In Pennsylvania, the law categorizes visitors into three groups: invitees, licensees, and trespassers.

  • Invitees: These are people who are invited onto the property for business purposes (like customers at a store). The owner owes invitees the aforementioned duty of care, which includes regularly inspecting their property for risks and maintaining the property.
  • Licensees: These are social guests or others permitted to be on the property for non-business purposes. Property owners must warn licensees of any known dangers that may not be obvious.
  • Trespassers: Property owners generally owe trespassers a minimal duty of care, but they cannot intentionally harm them. Special rules apply to child trespassers under the “attractive nuisance” doctrine.

Breach of Duty

The plaintiff must show that the property owner breached their duty of care. This breach often involves failing to fix a hazard, warn visitors of a danger, or inspect the property for unsafe conditions.

Causation

Your lawyer must show that it was the property owner’s breach that directly caused their injury. For example, if they didn’t clean up a spilled liquid and you slipped and fell, it was the owner’s negligence that likely caused your injury.

Damages

Lastly, you’ll need to prove that you suffered damages (injuries or losses) because of the injury. These damages typically include both economic and non-economic losses like medical bills, lost wages, pain and suffering, etc.

How a Philadelphia Premises Liability Lawyer Can Help You

Premises liability cases can get extremely complicated and require a clear and thorough understanding of Pennsylvania law, local codes, and a strategic approach to collecting evidence. Having a skilled attorney by your side will benefit you in a number of ways, including:

  • Investigating the Accident
  • Proving Negligence: 
  • Negotiating with Insurance Companies
  • Representing You in Court
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Compensation Available When You’re Hurt on Another Person’s Property

If you’ve been injured by unsafe conditions on someone’s property, you could be entitled to compensation for a variety of damages, including:

  • Medical Expenses: This includes costs for emergency care, hospital time, surgeries, physical therapy sessions, and any ongoing treatment.
  • Lost Wages: If your injuries are so severe that you can’t work, you may be due compensation for any lost income or diminished earning capacity you’ve experienced or will continue to experience in the future.
  • Pain and Suffering: Non-economic damages may be awarded to compensate for physical pain, emotional distress, and loss of enjoyment of life.
  • Property Damage: If your personal belongings damaged in the accident, you may also be reimbursed for repair or replacement costs.

It’s Important To Act Quickly After Injury

Pennsylvania’s statute of limitations imposes a two-year limit on premises liability claims. This means you must file your lawsuit within two (2) years from the date of the accident. If you don’t meet this deadline, you risk your claim (and your chances at getting compensation) being dismissed.

This is why it’s crucial to act quickly.

Premises liability accidents can have serious consequences, leaving victims with mounting medical bills, lost income, and emotional distress. If you’ve been injured on someone else’s property in Philadelphia, you don’t have to face the legal process alone.

At our law office, each Philadelphia premises liability lawyer on our team can competently help you navigate your claim, prove negligence, and fight for the compensation you need and deserve. By taking prompt action and securing skilled legal representation, you can hold negligent property owners accountable and move forward with confidence.

Contact us today for a free consultation.

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Philadelphia, Pennsylvania

1100 Ludlow Street, Suite 300
Philadelphia, Pennsylvania 19107
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