Pennsylvania Premises Liability

Posted by & filed under personal injury, The Travis Law Firm Blog.

Premises Injuries Caused by Negligence Can Be Compensated

Premises Injuries Caused by Negligence Can Be Compensated

When people think of premises liability, what usually comes to mind is a slip and fall accident. However, premises liability covers a wider range of accidents that can be compensated if an injury occurs. In addition to slips and falls, the following are also accidents that occur on private and public properties:

  • Accidents caused by ice and snow
  • Deficiencies in building security resulting in injuries or assaults
  • Injuries caused by a dog attack or bite
  • Accidents with elevators and escalators
  • Amusement parks
  • Swimming pools and spas
  • Accidental electrocution or shock
  • Fire
  • Toxic chemicals

Can Anyone Place a Premises Liability Injury Claim?

Not necessarily. There are three main categories of individuals who enter the premises. The type of visitor determines the duty owed. Invitees and licensees may place a claim against a negligent property owner if they are injured. An invitee is someone visiting or who has business there such as a shopper at a mall or another person making a delivery. A licensee is someone who enters a property for their own reasons such as a visitor. 

The third category is a trespasser who is on a property without the owner or manager’s consent. This may include a burglar or someone else who would not be given permission to enter the property. However, children who are playing are not considered trespassers, and homeowners owe them a higher duty of care than adults. 

Proving a Liability Accident Claim in Pennsylvania

To recover damages after suffering an injury on another person’s property, you will need to prove that the property owner was negligent. In order to do so, you must show that:

The owner had to provide a duty of care to you. The duty depends on your status with the property owner. For example, a storeowner has a higher duty of care to invitees (customers) than trespassers.

The property owner breached that duty of care. Common ways in which a property owner can breach their duty include failing to maintain the property in a safe condition or not warning visitors of known hazards.

You suffered injuries as a direct result of the property owner’s negligence. In order to recover damages, your injuries must have been reasonably foreseeable.

If you can prove all of the above, then you may be able to recover damages for your injuries. These damages can include medical expenses, lost wages and pain and suffering.

What Compensation Can Be Recovered in a Pennsylvania Premises Liability Claim?

If you are successful in proving a premises liability claim in Pennsylvania, you may be able to recover a variety of damages. These can include:

  • Medical expenses
  • Lost wages
  • Pain and suffering

The statute of limitations for filing an injury claim in Pennsylvania is two years. To learn more about what damages may be available in your case and get free advice, contact us today.

Travis Law Firm

Travis Law Firm offers compassionate and professional representation to clients injured in accidents. To schedule a free consultation, please call us at (814) 277-2222. Please feel free to contact us using our online contact form as well. If you are in need of compensation, you can count on us to fight hard for you.