At The Slocum Firm, we’re dedicated to providing personalized attention and aggressive representation for every client. If you’ve been injured on someone else’s property, let us help you secure the compensation you deserve and protect your rights every step of the way.
If you’ve been injured on someone else’s property due to unsafe conditions or negligence, you need an experienced advocate who understands the complexities of premises liability cases. At The Slocum Firm, we are committed to protecting the rights of those who have suffered harm because of hazardous conditions or negligent maintenance.
Our team of skilled attorneys has a proven track record of successfully handling premises liability claims, ensuring that victims receive the justice and compensation they deserve.
Premises liability law encompasses various cases involving injuries sustained on properties such as commercial establishments, residential buildings, and public spaces. Whether it’s a slip-and-fall accident, inadequate security leading to assault, or injuries caused by defective conditions, our dedicated lawyers are equipped to tackle even the most challenging cases.
We understand that navigating the legal landscape of premises liability can be overwhelming, and we are here to provide you with comprehensive legal support and guidance every step of the way.
Our team at The Slocum Firm brings experience and expertise to each case. We meticulously investigate the circumstances of your accident and identify all potential sources of liability. We work diligently to gather evidence, consult with experts, and build a robust case on your behalf. With a commitment to delivering personalized legal strategies tailored to your unique situation, we strive to achieve the best possible outcome for you.
In Philadelphia, property owners are responsible for maintaining safe conditions and addressing potential hazards. When they fail to uphold these obligations, and someone is injured, The Slocum Firm holds them accountable. We aim to ensure you receive fair compensation for your medical expenses, lost wages, pain and suffering, and any other damages you have incurred.
If you or a loved one has been injured on someone else’s property, don’t navigate the complexities of premises liability law alone. Contact The Slocum Firm today to schedule a free consultation and learn more about how our Philadelphia premises liability lawyers can help you seek justice and obtain the compensation you deserve.
Philadelphia Premises Liability Cases We Handle
Premises liability cases cover a wide range of accidents and injuries on someone else’s property due to unsafe or hazardous conditions. Philadelphia premises liability lawyers handle various cases, each presenting unique challenges depending on the circumstances and the extent of the injuries involved.
These cases typically focus on the property owner’s responsibility to maintain safe conditions, whether it’s a private residence, business, or public space. Understanding the different types of premises liability cases can help victims identify whether they have a valid claim and the legal options available.
Slip and Fall Accidents: One of the most common premises liability cases involves slip and fall accidents. These can occur due to wet or slippery floors, uneven surfaces, icy sidewalks, or debris that hasn’t been cleared. Property owners are responsible for maintaining safe walking areas; failure can result in severe injuries. Slip and fall accidents can happen in grocery stores, malls, apartment complexes, or on public sidewalks, and they often lead to claims for medical expenses, lost wages, and pain and suffering.
Inadequate Security: Another important area of premises liability is insufficient security. Property owners of places like apartment buildings, parking garages, hotels, and nightclubs must provide sufficient security measures, such as proper lighting, working locks, and security personnel, to protect patrons and residents from harm. If a person is injured or assaulted on a property due to insufficient security, they may be entitled to compensation through a premises liability claim.
Dog Bites and Animal Attacks: Dog bites and animal attacks are also common premises liability cases, especially when the property owner or renter has a dangerous animal. If the owner fails to secure their pet or warn visitors of the potential danger, they can be held liable for any injuries caused by the animal. In Pennsylvania, dog owners are responsible for ensuring their pets are restrained and under control to prevent attacks.
Defective or Dangerous Conditions: Premises liability claims often arise from unsafe property conditions that cause accidents, such as broken stairs, loose railings, or malfunctioning elevators. These hazardous conditions can lead to serious injuries and result from poor maintenance or negligence on the property owner’s part. Lawyers handling these cases work to prove that the property owner knew about or should have known about the dangerous condition but failed to correct it.
Swimming Pool Accidents: Swimming pool accidents, including drownings or slips and falls around the pool area, are another type of premises liability case. Property owners must follow strict safety guidelines, such as installing proper fencing, keeping pool decks dry, and providing clear warnings of potential hazards. When these precautions are ignored, serious injuries or even fatalities can occur, leading to liability claims against the property owner.
Fire Hazards and Building Code Violations: Property owners must ensure their buildings comply with fire safety codes and other regulations. If a fire breaks out or an injury occurs due to building code violations, the property owner can be held responsible for injuries sustained due to their negligence.
Hazardous Conditions on Playgrounds: Playground accidents are a particularly concerning type of premises liability case, as they often involve injuries to children. Unsafe conditions such as defective playground equipment, poorly maintained grounds, lack of soft surfaces to cushion falls, or inadequate supervision can lead to severe injuries like fractures, head trauma, or concussions.
Schools, daycare centers, public parks, and private property owners are responsible for ensuring that playgrounds are safe for use, and failure to do so can lead to a premises liability claim. A lawyer commonly working in these cases can help prove negligence and secure compensation for medical expenses, pain and suffering, and long-term care if needed.
Elevator and Escalator Accidents: Elevators and escalators are found in many commercial buildings, shopping malls, and transportation hubs, and when they are not properly maintained, they can cause devastating accidents. Defective machinery, sudden stops, falls, or getting caught in moving parts are common issues that result in injuries. Elevator or escalator accidents can lead to severe injuries, including broken bones, lacerations, and even fatalities in extreme cases. Property owners and maintenance companies may be held liable if their negligence contributed to these accidents by failing to repair malfunctioning equipment or not conducting regular inspections. A Philadelphia premises liability lawyer can investigate whether proper safety standards were followed and seek compensation for injured victims.
Injuries Occurring on SEPTA Buses: Public transportation accidents, including those involving SEPTA (Southeastern Pennsylvania Transportation Authority) buses, are another area of premises liability. Whether due to poorly maintained buses, hazardous conditions at bus stops, or driver negligence, passengers or pedestrians injured in these accidents may have a valid claim. As a public entity, SEPTA is responsible for ensuring that its buses and transportation systems are safe for public use. Suppose you are injured while riding a SEPTA bus or at a transit stop. In that case, a premises liability lawyer can help determine if SEPTA, the driver, or another party is responsible for your injuries.
Each type of premises liability case presents its unique legal challenges. Still, a skilled Philadelphia premises liability lawyer from The Slocum Firm can provide the expertise needed to ensure victims receive fair compensation for their injuries.
By thoroughly investigating the accident’s circumstances, your lawyer can identify negligent property owners and pursue the compensation you are entitled to. Philadelphia premises liability lawyers are uniquely equipped to handle these complex cases, identifying all responsible parties and working to secure maximum compensation for injury victims. By understanding the full scope of premises liability, you can better protect your legal rights if you’ve been hurt in an accident caused by unsafe conditions on someone else’s property.
Duties of Philadelphia Property Owners
In Philadelphia, property owners have a legal duty of care to ensure their premises are safe for those who enter, whether they are customers, tenants, or even casual visitors. The level of responsibility, or duty of care, that property owners owe depends on the status of the person entering their property.
Still, at its core, this duty requires property owners to take reasonable steps to prevent hazards that could cause harm. If an owner fails to meet these obligations and someone is injured, they may be liable for damages under premises liability law.
The highest duty of care is owed to invitees, individuals on the property for the owner’s benefit, such as customers in a store or guests in a hotel. Property owners must address known hazards and regularly inspect their premises to identify and fix any potential dangers.
For example, store owners must ensure floors are free of spills and debris, handrails on stairs are secure, and any structural issues are addressed promptly. Failing to address these hazards in invitees’ cases can be grounds for a premises liability claim if someone is injured.
For licensees, such as social guests or delivery personnel, the duty of care is slightly less stringent but still requires property owners to warn of known dangers that the guest is unlikely to notice on their own. For instance, if a homeowner knows about a loose step or broken railing, they must inform their guests to prevent accidents.
Although property owners aren’t necessarily required to conduct inspections for hidden dangers in this scenario, they are responsible for addressing any issues they are aware of that could result in harm.
Lastly, trespassers are generally owed the least duty of care, as they are on the property without permission. However, property owners are still prohibited from intentionally causing harm to trespassers. In some cases, especially when children are involved, property owners may have additional responsibilities. For example, if a property has an attractive nuisance, such as a swimming pool, and a child trespasses and gets injured, the owner may still be held liable for failing to secure the area.
Understanding the duty of care owed by property owners in Philadelphia is essential when pursuing a premises liability claim. By working with a qualified attorney, victims can determine if a property owner’s negligence contributed to their injuries and take the necessary legal steps to seek compensation.
Leading Causes of Philadelphia Premises Liability Accidents
Premises liability cases are highly situation-specific, meaning each case depends on the circumstances surrounding the accident and the property’s condition. In Philadelphia, these claims typically arise when a property owner fails to address hazardous conditions, leading to injuries.
However, proving liability often requires showing that the property owner knew, or should have known, about the danger and failed to take reasonable steps to remedy it. This makes every premises liability case different and often complex, as various factors such as weather, property maintenance practices, and the injured party’s actions must be considered.
One of the most common circumstances giving rise to premises liability claims in Philadelphia is uncleared snow and ice on walkways. Pennsylvania winters can be harsh, and property owners are responsible for clearing ice and snow within a reasonable time after it falls.
Failure to do so can lead to dangerous slip-and-fall accidents. Whether the accident occurs on a commercial property, like a store entrance or a residential sidewalk, the key to liability is proving that the owner neglected to clear the hazard within a reasonable timeframe.
Another frequent cause of premises liability claims involves unattended leaks and spills on floors, particularly in restaurants, grocery stores, and retail shops. If a spill occurs, the property owner’s or manager’s responsibility is to clean it up immediately or place warning signs around the area.
When this doesn’t happen, and someone slips and falls, the owner can be held liable for failing to address the danger promptly. This also applies to wet floors from leaks, such as plumbing issues that were not repaired or attended to.
In addition to these common scenarios, other hazardous conditions can lead to premises liability claims in Philadelphia. Some examples include:
- Uneven or broken sidewalks, which can cause tripping accidents
- Inadequate lighting, especially in parking lots or stairwells, makes it difficult to see potential hazards
- Loose or missing handrails on stairways pose a severe risk of falls
- Unmaintained elevators and escalators, leading to sudden malfunctions and injuries
- Poorly maintained playground equipment, which can cause injuries to children
Each of these situations creates unique challenges when determining liability, and a successful premises liability claim often depends on gathering evidence that shows the property owner’s failure to maintain safe conditions.
Working with an experienced premises liability lawyer in Philadelphia is essential to investigate the incident, gather crucial evidence, and build a strong compensation case. By understanding the specific circumstances of your case, your attorney can help establish the property owner’s negligence and protect your legal rights.
Statute of Limitations on Premises Liability Lawsuits in Philadelphia
The statute of limitations on premises liability lawsuits in Philadelphia refers to the specific timeframe within which an injured person must file a lawsuit after suffering harm due to dangerous property conditions.
In Pennsylvania, including Philadelphia, the statute of limitations for personal injury claims, which includes premises liability cases, is typically two years from the date of the injury. This means that if you are injured on someone else’s property, whether it’s a slip-and-fall, a dog bite, or another type of accident, you have exactly two years from the day the injury occurred to file a lawsuit against the responsible party.
Understanding and adhering to this deadline is critical because failing to file within two years generally results in the court dismissing your case. If your case is denied, you will lose the opportunity to pursue compensation for your injuries, medical expenses, lost wages, and other damages. No matter how strong your evidence is, missing the statute of limitations deadline can mean you have no legal recourse, which is why taking action promptly is essential.
There are some exceptions to the two-year statute of limitations. For example, if the injured person is a minor, the statute of limitations typically begins to run when the child turns 18. Additionally, in some instances, the discovery rule may apply.
This rule extends the statute of limitations if the injury is not immediately apparent. For example, if the harm caused by exposure to hazardous conditions on a property does not manifest until later, the clock may start ticking once the injury becomes reasonably discoverable. However, these exceptions are rare and complex, underscoring the importance of consulting with an experienced Philadelphia premises liability lawyer as soon as possible.
Filing a premises liability claim within the statute of limitations allows for a more thorough investigation. Over time, evidence can be lost, witnesses’ memories may fade, and hazardous conditions may be repaired or altered.
By acting quickly, your attorney can gather substantial evidence, speak to witnesses, and build a solid case to establish the property owner’s negligence. Delaying the process can jeopardize your chances of securing the compensation you deserve, so contacting a lawyer early on is crucial to protecting your rights.
Recoverable Damages in Philadelphia Premises Liability Claims
When filing a premises liability claim in Philadelphia, understanding the damages you may be entitled to recover is essential. Damages in these cases are designed to compensate you for the physical, emotional, and financial losses you’ve experienced due to hazardous conditions on someone else’s property.
The compensation you may receive is typically divided into two categories: economic damages and non-economic damages. Both types of damage aim to restore what you’ve lost, though they cover different aspects of your injury.
Economic damages are quantifiable losses that have a clear monetary value. These include medical expenses related to your injury, such as hospital bills, surgeries, physical therapy, prescription medication, and any future medical costs associated with ongoing treatment.
If your injury has affected your ability to work, you may also recover lost wages for the time you missed from work. In cases of severe injury, you may be entitled to compensation for loss of earning capacity if you cannot return to your previous job or any type of work in the future. Property damage, such as damage to personal belongings at the time of the accident, can also be included in economic damages.
On the other hand, non-economic damages are more subjective and relate to the emotional and psychological toll the injury has taken on your life. These may include compensation for pain and suffering, which accounts for the physical pain and discomfort caused by your injuries.
Suppose the injury has long-term or permanent consequences, such as disability or disfigurement. In that case, you may also be entitled to loss of enjoyment of life, which compensates you for the inability to engage in activities or hobbies you once enjoyed.
Emotional distress or mental anguish caused by the accident may also be recoverable, especially in cases where the injury has significantly impacted your mental health or caused conditions such as anxiety, depression, or post-traumatic stress disorder.
In some cases, punitive damages may be awarded as well. Punitive damages are less common in premises liability cases, as they are reserved for situations where the property owner’s behavior was especially reckless or willful. Suppose it is proven that the property owner knowingly ignored a dangerous condition or showed a blatant disregard for the safety of others. In that case, the court may impose punitive damages to punish the wrongdoer and deter similar behavior in the future.
The full value of your damages will depend on the specific circumstances of your case, including the severity of your injury, the extent of your medical treatment, and how your injury has affected your daily life.
Working with an experienced Philadelphia premises liability lawyer who can accurately calculate your damages, gather the necessary evidence, and advocate on your behalf is crucial to ensure you recover the maximum compensation possible.
Common Defenses to Philadelphia Premises Liability Cases
In premises liability cases in Philadelphia, property owners and their legal teams often raise various defenses to reduce or avoid liability. These defenses aim to minimize the plaintiff’s claim for damages or dismiss the case altogether.
Understanding the most common defenses can help you prepare for the challenges of pursuing compensation. Some of the most frequently used defenses in premises liability cases include comparative negligence, failure to establish a duty of care, and open and obvious danger.
One of the most prevalent defenses is comparative negligence. Under Pennsylvania law, if you are found to be partially at fault for the accident, the compensation you are entitled to can be reduced by your percentage of fault. Property owners may sometimes argue that the injured party acted carelessly or failed to take reasonable steps to avoid the hazard, thereby contributing to the accident.
For example, if you were texting and walking when you slipped on an icy walkway, the property owner could argue that you bear some responsibility for not paying attention to where you were going. In Pennsylvania, as long as you are less than 51% responsible for the accident, you can still recover damages. Still, your recovery will be diminished in proportion to your level of fault.
Another common defense is the failure to establish a duty of care. In any premises liability case, the injured party must prove that the property owner owed them a duty of care. This duty varies depending on whether the injured party is classified as an invitee, licensee, or trespasser. Property owners generally owe the highest duty of care to invitees, such as customers in a store, while licensees, like social guests, are owed a slightly lower standard of care.
On the other hand, trespassers are typically not owed any duty of care except in certain situations, such as if children are involved or if the property owner was aware of frequent trespassing and did nothing to prevent harm. If the property owner can successfully argue that they did not owe you a duty of care based on your legal status, your case may be dismissed.
The open and obvious danger defense is also frequently employed in premises liability cases. This defense asserts that the hazardous condition that caused the accident was so apparent that a reasonable person would have noticed and avoided it. If a property owner can demonstrate that the danger was open and obvious, they may not be held liable for injuries.
For instance, if a large puddle of water was clearly visible on the floor and you still walked through it, the property owner might claim that you should have taken reasonable steps to avoid the hazard. However, what constitutes an open and obvious danger is often subjective and can be challenged in court.
Finally, property owners may argue that the injured party assumed the risk of injury by knowingly encountering a dangerous condition. This defense is more challenging to prove, as it requires the property owner to demonstrate that the injured person was aware of the danger and voluntarily chose to proceed despite the risk.
This defense might apply when the injured party was warned about a hazardous condition but ignored the warning or where the risk was inherent in the activity they were participating in, such as walking on a snow-covered sidewalk.
These defenses often limit or eliminate a property owner’s liability in premises liability cases. Working with a skilled Philadelphia premises liability lawyer is crucial to overcoming these defenses and building a strong case that proves the property owner’s negligence caused your injuries.
Your lawyer will gather evidence, such as photographs, witness statements, and maintenance records, to counter these defenses and ensure you receive the compensation you deserve.
How a Philadelphia Premises Liability Lawyer Can Help
A Philadelphia premises liability lawyer will take a comprehensive approach to handling your case, ensuring every detail is thoroughly investigated and pursued to maximize your compensation. When you enlist their help, they will begin by thoroughly examining the circumstances that led to your accident.
This includes visiting the accident site to document hazardous conditions, collecting witness statements, reviewing available surveillance footage, and gathering relevant maintenance or inspection records. By carefully piecing together the facts, they will build a solid foundation to prove the property owner’s negligence and demonstrate how it directly caused your injuries.
One of the most critical aspects of a premises liability case is establishing that the property owner failed to maintain a safe environment. Your lawyer will handle the legal complexities of proving this duty, which can vary depending on your status as a visitor to the property, whether you were an invitee, licensee, or trespasser.
They will also address any defenses the property owner may raise, such as comparative negligence or open and obvious danger. By preparing for these potential challenges from the outset, your lawyer can strengthen your position and minimize the likelihood of reduced compensation.
Beyond investigating and building your case, a skilled premises liability attorney will also handle all communication with the insurance companies and opposing counsel. This prevents you from dealing with the stress of negotiating with insurance adjusters who may try to offer you a quick, lowball settlement.
Your attorney will ensure that all settlement offers are in your best interest and will fight for fair compensation, which includes medical bills, lost wages, pain and suffering, and other damages resulting from your injuries. They will also ensure that you understand your rights and options at every stage of the legal process so you can make informed decisions about your case.
A Philadelphia premises liability lawyer can begin helping you right away by offering immediate advice on the steps you need to take to protect your claim. This includes assisting with gathering necessary evidence, such as photographs of the hazardous condition that caused your injury and documentation of your medical treatment.
We can also advise you on dealing with property owners and insurance companies to ensure you don’t inadvertently harm your case. If necessary, your lawyer will file a lawsuit to preserve your claim within Pennsylvania’s statute of limitations and begin the formal legal process to pursue compensation.
Having an experienced lawyer by your side ensures that you have a dedicated advocate focused on achieving the best possible outcome for your case. From initial consultation to settlement or trial, your attorney will be committed to fighting for your rights and ensuring that the property owner is held accountable for their negligence.
Call The Slocum Firm to Schedule Your Free Consultation
Your health and well-being should be your top priority, but we know that your financial recovery is also crucial. Our team at The Slocum Firm is committed to fully compensating your medical expenses, lost wages, pain and suffering, and other damages.
Don’t navigate the legal process alone. Allow us to handle the complexities of your case while you focus on recovery. Contact our Philadelphia premises liability lawyers today for a free consultation and to learn more about how we can help. Call us at 570-209-7376 or fill out our online contact form to get started with your free consultation today.
