Although there are plenty of dangerous conditions you may encounter from cracked sidewalks to slippery floors, property owners are supposed to keep their land and buildings relatively safe. If you get hurt on someone’s property, your injuries may result in substantial medical bills or missed time from work. A Montgomery County premises liability lawyer could evaluate your situation and help you recover compensation for your injuries.
Whether it is in your neighborhood, place of business, or retail shopping area, if you get hurt on someone’s property, you should seek legal representation. Our team of dedicated Montgomery County injury attorneys understands a landowner’s liability and what actions you can take.
Types of Premises Liability Actions
There are many types of property-related injuries, but the most common is the “slip and fall.” People often fall on sidewalks, in parking lots, grocery store aisles, decks, and in homes. Falling cases are generally related to snow and ice conditions, and slick or slippery substances on floors.
Uneven sidewalks, dangerous stairways, or loose railings may also cause people to fall. Aside from the most common trip and fall premises liability cases, falling objects or collapsing structures also create dangers that can cause catastrophic injury. A Montgomery County attorney who routinely handles these kinds of premises liability actions could determine whether a landowner may be required to pay compensation.
There are situations when an injured person may be partially at fault for an accident. Pennsylvania follows a modified comparative negligence model. This means that even if the injured party’s negligence contributed to the accident, they are still entitled to damages if they are less than 50 percent responsible for the fall.
What is the Duty of Care a Landowner Owes?
A landowner is considered negligent under Pennsylvania law if they fail to meet the duty of care owed to others. In a lawsuit for compensation, an injured party must establish what the duty of care is, how the owner breached that duty, and that this breach caused the injury. Generally, an injured party falls into one of the following categories:
An invitee is someone on a property for business or public purposes. In Pennsylvania, a landowner owes an invitee the duty to inspect the property for dangerous conditions and to protect and warn them of any dangers.
This is someone allowed on a premises, and the owner’s duty is slightly less than that towards an invitee. A landowner does not have a responsibility to inspect the property for licensees but must warn of and correct any dangerous conditions.
If someone is illegally on another’s property, generally, the landowner owes no duty of care. However, they cannot intentionally endanger trespassers.
Does the Law Change for Trespassing Children?
If a minor trespasses on the property and is injured, there may be a duty owed to that child. The law recognizes conditions known as “attractive nuisances” on property. Children tend to be attracted to swimming pools, pits, trampolines, containers, and heavy equipment. A construction site, for example, can be an “attractive nuisance” to children, and the owner must secure anything that would invite children onto the property.
An attorney in Montgomery County familiar with premises liability law can gather the facts that can establish the status of the injured party and, therefore, the duty of care owed by the landowner.
Speak to a Montgomery County Premises Liability Lawyer Today
A simple fall can cause substantial injuries, leading to lost time from work and expensive medical bills. You may be entitled to compensation, depending on the circumstances of your case. Our team is ready to assess the property owner’s responsibility and help you on the road to recovery. Reach out to our Montgomery County premises liability lawyers today.