Premises Liability Lawyer in Philadelphia, Pennsylvania
Premises liability is an important area of law that holds property owners accountable for injuries that occur on their premises due to unsafe conditions. There can be devastating issues that such injuries can have on individuals and families, and dealing with an injury is challenging enough without having to navigate a premises liability claim. That's why our personal injury team is here to guide you every step of the way, providing clear explanations and taking the stress off your shoulders.
At H. Rosen Law, P.C. we're dedicated to helping people throughout Southeastern Pennsylvania, including Philadelphia, Harrisburg, and Scranton. We believe in building honest and trusting relationships with our clients, alleviating their stress by guiding them through each step of their case. If you or a loved one needs legal assistance, don't hesitate to reach out to us. Together, we can fight for the justice you deserve.
Common Types of Premises Liability Claims
Premises liability claims can arise from various situations. Some of the most common include slip-and-fall accidents, dog bites, swimming pool accidents, and injuries resulting from inadequate security or poor maintenance. Each case is unique and requires careful investigation to determine liability.
Understanding Premises Liability
Premises liability refers to a property owner's legal responsibility for accidents or injuries that occur on their property due to dangerous or defective conditions. It’s based on the principle that property owners should maintain safe environments for those who enter their premises.
Who can be held liable?
Any property owner, whether private or public, can be held liable if their negligence leads to an injury. This could be your neighbor, a local grocery store, or even a government entity.
Private property vs. public property claims
Claims involving private and public properties differ significantly due to their unique legal considerations. A private property claim typically involves private residences or businesses. The property owner or occupier may be held liable if their negligence contributes to an injury on their premises. This might include failing to repair a broken step, clean up a spill, or adequately secure a potentially dangerous dog.
On the other hand, public property claims involve spaces owned and managed by government entities, such as parks, government buildings, or public sidewalks. These claims can be more complex due to governmental immunity, a doctrine that often protects government entities from certain types of lawsuits. However, exceptions exist, and government entities can still be held liable if it can be proven that they were negligent in their duty to maintain safe public spaces.
Property Owner Duty of Care
As property owners, there's a duty of care to ensure their premises are reasonably safe. Here are some of the key duties that they need to fulfill:
Regular Maintenance: Property owners must maintain their property to a reasonable standard, addressing any issues that could pose a hazard. This includes fixing broken stairs, filling in holes, repairing faulty wiring, and more.
Prompt Attention to Hazards: If a potential danger arises, property owners are expected to address it promptly. This could involve cleaning up spills, removing obstacles from walkways, or securing loose roof tiles.
Adequate Security Measures: In certain circumstances, property owners might be required to ensure adequate security. This could involve installing proper lighting, maintaining secure locks, or even hiring security personnel in some cases.
Warning Visitors of Potential Dangers: If there are known hazards that cannot be immediately addressed, property owners should warn visitors about these risks. This could involve signs, barriers, or verbal warnings.
Compliance with Health and Safety Regulations: Property owners should comply with all relevant local and national health and safety regulations. This might involve fire safety measures, building regulations, and more.
The duty of care is a responsibility that necessitates vigilance, prompt attention to hazards, and adherence to health and safety regulations. By fulfilling these duties, property owners not only protect the safety of visitors but also safeguard themselves against potential liability claims.
The Attractive Nuisance Doctrine
This doctrine applies when a property feature attracts children who are too young to understand the risk. Property owners could be held liable if a child is injured by such a feature, like an unfenced swimming pool.
Comparative Fault in Pennsylvania
Pennsylvania operates under a comparative fault system in premises liability cases. This means that even if you were partially at fault for your injury, you could still recover damages, although your compensation might be reduced proportionately.
Premises Liability Attorney in Philadelphia, Pennsylvania
As your dedicated premises liability attorneys in Philadelphia, Pennsylvania, we're ready to stand up for your rights and help you navigate through this challenging time. At H. Rosen Law, P.C., we put our clients first. We're not just here to represent you in court; we're here to provide support, understanding, and the legal expertise you need to move forward. If you or a loved one has been injured due to a property owner's negligence, don't hesitate to reach out. Together, we can fight for the justice and compensation you deserve.