What You Need To Know About Premises Liability Lawsuits

If you are injured on someone else’s property, you may be entitled to compensation for those injuries via premises liability laws. These laws are an essential part of every state’s rules about the duties of property owners to provide reasonably safe environments, free from dangerous conditions, or to notify visitors of any such conditions. These rules are in place to protect people who are injured on property belonging to someone else and typically entitle injured parties to compensation. There are some aspects of premises liability claims that you need to know.  

What Must Be Proven In Premises Liability Cases?

If you bring a premises liability case against someone for injuries that you sustain on their property, there are four elements that you must prove:

• That the property owner had a duty of care to you
• That the property owner was aware of or should have been aware of the dangerous condition that caused your accident
• That the property owner did not fix the hazardous condition that they knew about
• That this breach in the duty of care caused your injury

There may be challenges in proving one or more of these elements, and that can result in the case being thrown out. For example, you may have been injured on someone else’s property, but the direct cause could have been something other than the dangerous condition stated in the case.

The concept of constructive notice has become especially important in Pennsylvania case law. This means that even if the property owner claims they were unaware of the hazard, they can still be held liable if they reasonably should have discovered and addressed it.

Defendants often argue that they were already addressing the hazard, that they had no way of knowing it existed, or that the injured person was trespassing at the time. These defenses can make premises liability cases complex, which is why skilled legal representation is crucial. Attorneys who handle these types of cases know how to counter the claims made by defendants and their lawyers.

What Is Strict Liability In Premises Liability Cases?

Strict liability in Pennsylvania premises cases is more limited than many people realize. Generally, it applies only to very specific situations, such as when a property owner is engaged in an inherently dangerous activity. It doesn’t usually apply to everyday slip-and-fall accidents. Because strict liability can be complex and often misunderstood, it’s important to have an experienced attorney explain whether it applies to your particular case.

What Is Comparative Negligence In Premises Liability Cases?

Pennsylvania follows a modified comparative negligence system. This means:

• You can recover damages if you are 50% or less at fault.
• Your compensation will be reduced by the percentage of fault assigned to you.
• If you are 51% or more at fault, you cannot recover any damages.

Comparative negligence often comes up when property owners argue that the hazard was “open and obvious.”

What Is The Open and Obvious Hazard Doctrine?

Pennsylvania law also recognizes what’s called the “open and obvious” doctrine. This means that if a hazard is so apparent that a reasonable person would have noticed and avoided it, the property owner may have no duty to warn about or fix it. In some cases, that can completely bar recovery. However, there are exceptions in which the doctrine may not apply. Because of the nuances associated with cases involving the open and obvious doctrine, it’s important to have a skilled premises liability attorney evaluate how the doctrine might affect your case.

Evidence and Documentation in Premises Liability Cases

Strong evidence often determines whether a premises liability claim succeeds. If you are injured, try to preserve:

• Photographs or video of the hazard and the surrounding area
• Maintenance records or complaint logs showing prior notice of the danger
• Witness statements or surveillance footage to establish how long the hazard existed (crucial for proving constructive notice)
• Medical records linking your injuries to the accident

The sooner an attorney can investigate and secure this evidence, the stronger your case will be.

Insurance and Lien Considerations

Compensation in premises liability cases may be influenced by insurance coverage and liens:

• Insurance sources may include homeowners’ policies, commercial liability insurance, or municipal insurance for public property.
• Liens may be placed on your recovery by health insurers, Medicare, Medicaid, or hospitals seeking reimbursement for medical expenses.

An experienced attorney can negotiate liens to maximize the actual compensation you receive.

What Is The Statute Of Limitations In Premises Liability Cases?

In every state, there is a limitation on how long you have to make a premises liability claim. In Pennsylvania, the statute of limitations for a premises liability lawsuit is two years following the accident or injury. If you fail to act within that time, you typically will not be able to file suit.

Finding Legal Help For Your Premises Liability Case

As you can see, premises liability lawsuits are not as cut and dried as they might seem. Many challenges must be overcome. That is why it’s so vital that you hire an experienced premises liability attorney to help you with your case. The attorneys at Ross Feller Casey have a history of winning multimillion-dollar premises liability cases for clients. We handle the most catastrophic injuries sustained due to the negligence of property owners or managers.

If you or a loved one has been injured due to a dangerous condition on someone else’s property, you may be entitled to compensation for your damages. Contact Ross Feller Casey to have your case reviewed for free and receive advice about how you should proceed. Premises liability cases, like all personal injury claims, are handled on a contingency basis at Ross Feller Casey. You pay nothing until a financial recovery is made in your case.