Premises Liability Attorney in Philadelphia

Contact Our Philadelphia Premises Liability Lawyers

Golomb Legal in Philadelphia is equipped to handle virtually any injury claim, lawsuit, or class action lawsuit for our clients, including complicated premises liability cases. You deserve to feel safe when on someone else's property. When negligence causes a hazard that results in your injury, it's our job to hold them responsible for your losses. Trust our premises liability lawyers in Philadelphia to guide you from the very beginning, helping you navigate the complexities of your situation so you can focus on resting and recovering. We pride ourselves on our client-focused approach, ensuring that each claim receives the personalized attention it warrants, with a focus on achieving fair compensation for your injuries.

Ask about starting a claim. Dial (215) 278-4449 to speak with a Philadelphia premises liability attorney.

What Is Premises Liability?

Premises liability is the legal responsibility that property owners or occupiers have for accidents and injuries that occur on their premises. It encompasses various scenarios where unsafe conditions lead to harm. Common examples include wet floors, poor lighting, unsecured objects, and faulty installations. In Pennsylvania, specific laws and regulations dictate the duty of care property owners owe to visitors, often requiring them to address potential hazards proactively. Not only does this involve regular maintenance, but it also requires proper signage to warn of any temporary dangers.

In Pennsylvania, to succeed in a premises liability claim, the injured party (plaintiff) usually needs to prove:

Duty of Care: The property owner or occupier owed a duty of care to the injured person. This duty varies based on the visitor's status (invitee, licensee, or trespasser). Invitees, such as customers, are owed the highest duty of care.
Breach of Duty: There was a breach or failure to fulfill that duty of care. This could be due to negligence, such as failing to maintain safe premises, repair hazards, or warn visitors of dangers.
Causation: The breach of duty was the direct cause of the injuries sustained by the plaintiff. It must be shown that the injuries resulted from the hazardous condition or negligent actions of the property owner.
Notice: The property owner knew or should have known about the hazardous condition that caused the injury. This element can involve demonstrating that the owner was aware of the danger or that the danger existed for a sufficient period that they should have been aware of it.
Damages: The plaintiff suffered actual damages or harm due to the injuries sustained on the property. This includes medical expenses, lost wages, pain and suffering, etc.

Common Types of Premises Liability Claims

The idea behind premises liability law is that a property owner can be held responsible for accidents that happen on their property due to a hazard or defect that should not have been there. At the least, if a hazard does exist, the property owner is meant to warn visitors so they can avoid it. Each claim has its own specifics about what is "reasonable," what should have been done to protect the visitor, and so on. That’s why it's best to turn to a lawyer for help. Our experienced premises liability attorneys in Philadelphia can investigate the conditions of the property, assess the maintenance records, and consult with industry experts to reinforce the validity of the claim.

Our Philadelphia premises liability lawyers can help with claims that involve:

Slip & Fall Accidents: Countless premises liability cases are filed across the country each year after someone slips or trips on a hazard and falls, resulting in serious injuries. Slip and fall accidents are particularly dangerous for elders and people with pre-existing health conditions or injuries.
Dog Bites: Dog owners should take reasonable steps to secure their pets in their properties and control the animal when visitors are there. If a dog bites someone, then the owner can be liable for the damages, even if that dog had never shown aggression before.
Negligent Security: Certain property owners must take reasonable steps to secure the area and deter crime. For example, a music venue should use metal detectors and/or security staff at all entrances and exits. If a crime occurs on a property and the proprietor did not do enough to secure the area, then it could call for a negligent security/premises liability claim.
Toxic Exposure: Hazardous materials must be stored and contained safely, and warning signs should be visible where needed. When hazardous substances are not stored correctly, it can put visitors at risk of toxic exposure. In some cases, an unsafe material can be so dangerous that incorrectly storing it causes people throughout a wide area to be exposed and suffer illnesses and injuries.
Attractive Nuisance: Pennsylvania has an attractive nuisance law that requires homeowners to take reasonable steps to prevent children from entering their property if that property has something that would entice a child to trespass. For example, homeowners with swimming pools or trampolines must not allow children to enter their yards easily and unattended.
Swimming Pool Accidents: Property owners with swimming pools have a responsibility to ensure safety measures are in place. If someone drowns or gets injured in a pool due to lack of proper fencing or supervision, the owner might be held accountable.
Elevator & Escalator Accidents: Property owners are responsible for maintaining elevators and escalators in safe working condition. Accidents can occur due to mechanical failures, improper maintenance, or lack of necessary repairs.
Fires & Burns: In cases where a property owner fails to comply with fire safety regulations or neglects to maintain fire extinguishers or smoke alarms, resulting in a fire causing injury or death, they may be held liable.
Construction Site Accidents: Owners or managers of construction sites are responsible for maintaining a safe environment. If a worker or passerby is injured due to negligence, such as inadequate safety measures or failure to warn of dangers, it could lead to a premises liability case.
Amusement Park Accidents: Injuries occurring at amusement parks due to malfunctioning rides, lack of proper safety measures, or inadequate warnings can lead to premises liability claims against the park owners.
Dangerous Conditions in Stores or Businesses: These could involve situations where merchandise is improperly stacked, leading to falling objects injuring customers, or where there are dangerous structural issues in a building that cause harm to patrons.

Types of Injured Visitors in Philadelphia

A premises liability claim concerns the rights owed to visitors injured on someone else’s property. It's important to note that there are multiple types of visitors. Not everyone on someone else’s property has the same extent of legal protections, which can complicate a premises liability claim.

There are three main categories of visitors under premises liability law:

Invitee: An invitee is on the property for the benefit of the property owner or proprietor, usually in the lens of conducting a business transaction. The most common example of an invitee is a customer who has entered a store to make a purchase. Property owners owe the highest duty of care to invitees, which is often interpreted as addressing any hazards before visitors arrive.
Licensee: A licensee is on the property primarily for their own benefit, including for social interactions. The most common example of a licensee is a person who is visiting a friend’s home. Property owners owe a moderate duty of care to licensees, which is often interpreted as warning them of known or potential hazards before they can get too close to them.
Trespasser: A trespasser is on the property without permission or for criminal purposes, such as burglary or vandalization. Property owners owe a minimal duty of care to trespassers. For example, property owners should place clear warning signs of aggressive dogs on the property to deter burglars. It is also illegal to set dangerous traps in hopes of catching a trespasser.

Local Premises Liability Laws & Regulations in Philadelphia

In Philadelphia, premises liability laws are guided by Pennsylvania state regulations, but regional ordinances may also influence how these laws are applied. For example, local construction codes and safety standards play a significant role in determining a property owner's responsibilities. It is essential for property owners to be aware of both state and local regulations to avoid potential liabilities. Failure to comply with these standards can result in increased legal exposure and liability for accidents.

Violations of building codes or neglecting to adhere to safety protocols can be used as evidence in a premises liability claim. Local compliance checks, licenses, and permits might all influence the strength of a claim. Being acquainted with these aspects is crucial for both property owners and those filing a claim. Consulting with a Philadelphia premises liability lawyer who understands these regional variations can be invaluable in navigating a claim effectively.

Common Myths About Premises Liability in Philadelphia

One common myth is that trespassers cannot file a premises liability claim. While property owners do owe a minimal duty of care to trespassers, certain conditions, such as traps or known dangers, can still lead to liability. Another misconception is that only property owners can be held responsible. In truth, any party responsible for maintaining the property, like a tenant or management company, can also be liable.

Understanding these myths can prevent missteps after an injury and help clarify one's rights. Equipping individuals with accurate information empowers them to pursue their claims confidently. A knowledgeable premises liability attorney in Philadelphia can dispel these myths and help you understand the full scope of your rights and responsibilities under premises liability laws. They ensure you are fully informed at every step of the legal process.

What to Do After Being Hurt on Private or Public Property

If you've been injured because of a dangerous condition on private or public property, here are the steps you should consider taking. These actions not only protect your health but also strengthen any potential claims by ensuring proper documentation and legal guidance.

Seek Medical Attention: Your health is the top priority. Get medical help immediately, even if the injury seems minor. Documenting your injuries is crucial for any potential legal case.
Report the Incident: Report the incident to the property owner, manager, or relevant authority. This creates an official record of the incident. If it's a public space, report it to the appropriate municipal authority.
Document Evidence: Take photos or videos of the dangerous condition and the area where the accident occurred. Collect names and contact information of any witnesses who saw the incident. This evidence can be invaluable in proving your case.
Preserve Evidence: Preserve any physical evidence related to the incident, such as torn clothing or damaged personal items. Don't repair or discard anything that could serve as evidence.
Keep Records: Keep records of all medical treatment, including doctor's visits, medications, and any expenses incurred due to the injury. This documentation helps in calculating the extent of damages.
Consult an Attorney: Consider seeking legal advice from a personal injury attorney experienced in premises liability cases. They can provide guidance on your rights, the strength of your case, and how to proceed.
Don't Discuss the Incident: Refrain from discussing the incident on social media or with anyone other than your attorney. Avoid making statements or signing any documents without legal representation.
Understand Statute of Limitations: Be aware of the statute of limitations for filing a premises liability claim in your state. This is the time limit within which legal action must be taken.
Insurance Notification: If applicable, notify your insurance company about the incident. However, avoid giving detailed statements until you've consulted with your attorney.
Evaluate Settlement Offers: If the property owner or their insurance company offers a settlement, consult with your attorney before accepting. They can assess whether the offer adequately covers your damages.

Call Philadelphia’s Trusted Premises Liability Team

Do you need help understanding your situation after being hurt on someone else's property in Philadelphia? Stop looking and start dialing (215) 278-4449 to connect with the premises liability lawyers at Golomb Legal. We're here to help you understand and use your rights as an injured visitor, which could mean demanding significant compensation for your serious injuries and related losses. Our team is dedicated to guiding you through every step of the legal process, ensuring you have the support and resources needed for the best possible outcome.

Talk to our team during a FREE consultationto learn more!

Frequently Asked Questions

What Types of Damages Can Be Recovered in a Premises Liability Claim?

In a premises liability claim, you can potentially recover damages for various losses you've incurred due to your injuries. These damages may include medical expenses for both immediate treatment and ongoing care, like physical therapy or surgeries. You can also claim lost wages if your injury prevents you from working, as well as future earning potential if the injury affects your long-term employment prospects. Pain and suffering, emotional distress, and decreased quality of life are considered non-economic damages that may be included. In some cases, punitive damages could be awarded if gross negligence is proven, which are meant to punish the wrongdoer rather than compensate the victim.

How Long Do I Have to File a Premises Liability Claim in Philadelphia?

In Pennsylvania, the statute of limitations for filing a premises liability claim is generally two years from the date of the injury. This time frame is crucial, as failing to file within this period can result in losing your right to pursue legal action. However, there are some exceptions to this rule, such as if the injured party is a minor or if there were other extenuating circumstances. Consulting with a qualified premises liability lawyer in Philadelphia can help determine if any specific exceptions apply to your situation and ensure that your claim is filed in a timely manner.

What Should I Consider When Choosing a Premises Liability Lawyer in Philadelphia?

When choosing a premises liability lawyer in Philadelphia, it's important to consider their experience with similar claims and their knowledge of local laws. Look for lawyers who demonstrate a strong understanding of the nuances of premises liability law and have a track record of achieving favorable outcomes for their clients. Having a lawyer who communicates effectively, both in keeping you informed and in negotiating on your behalf, can be crucial.

What Role Does Comparative Negligence Play in Premises Liability Claims?

Comparative negligence is a legal principle that can affect the outcome of premises liability claims. In Pennsylvania, the comparative negligence rule allows an injured party to recover damages only if they are less than 51% at fault for their injury. If the injured party is found partially responsible, their damages may be reduced by their percentage of fault. For example, if a person is found to be 20% at fault, their recoverable damages would be reduced by 20%. Understanding this principle is essential as it influences the settlement process and potential court verdicts.