Premises liability refers to the area of law that covers accidents which occur as a result of some defect or dangerous condition in the property, whether it’s inside a building, inside a home or outside on the sidewalks or streets or even in a park.
What Kinds of Injuries Are Generally Sustained In Premises Liability Cases?
There really is no limit to the type of injury that can be involved. Injuries typically occur as a result of a fall because of some condition of the ground, or sometimes injuries may be sustained to the upper part of the body from something that may have fallen from a higher part of the premises.
What Is Causation In A Premises Liability Case?
Causation refers to the fact that someone who brings a lawsuit has to prove that the dangerous or defective condition is actually what caused the injury as opposed to a pre-existing condition that they may have had or as a result of some other condition of the property that may not necessarily have been defective.
Is Comparative Or Contributory Negligence Involved In Premises Liability Cases?
Comparative negligence is always a very big issue and a big concern in a premises liability case because one of the principal defenses to these claims will always be that the injured person was either not looking where they were going or were rushing or moving in some negligent manner.
What Are The Damages Available In A Premises Liability Claim?
The person who is injured, as a result of a premises liability claim, would be entitled to compensation for medical bills, further treatment or any lost wages that they may have incurred and the lost ability to earn wages in the future, as well as for pain and suffering.
Are Punitive Damages Ever Available In A Premises Liability Claim?
Punitive damages are very much the exception to the rule and are fairly rare. They would require some showing of a very high degree of recklessness or intentional misconduct on the part of the property owner, and those cases are very few and far between.
How Do I Know Whether I Have A Valid Premises Liability Claim That Should Be Pursued?
The best way to really know that is to consult with an attorney and have them evaluate the case based upon the standards that are set out in the local law as to what constitutes a defect in property. But essentially, any time that there is a fall or you are struck by something that fell from the property, there is certainly the potential for a claim, which should be investigated.
What Are The Common Misconceptions About A Premises Liability Claim?
Some of the things that aren’t apparent to most folks is that when a fall occurs on a property that’s owned by the city or state, there are sometimes higher standards as to when and how you can pursue a claim. There are also very strict time limits on when you have to give the governmental entity notice of that claim. So one of the misconceptions is that accident claims on government property are often more difficult to pursue than most people think. Another misconception is that if a defect looks really bad, the property owner will certainly be held responsible for that when, in reality, there is a doctrine called open and obvious defects, meaning that if a condition is so bad, the injured person will be held responsible for not having seen it. Those are some of the paradoxical things that we deal with in premises liability.
For more information on Premises Liability Claims In Pennsylvania, a free initial consultation is your next best step. Get the information and legal answers you are seeking by calling (215) 569-1212 today.