When you step onto someone else’s property—whether it’s a business, a public park, or a neighbor’s house—you expect to be safe. Unfortunately, accidents can and do happen, often as a result of unsafe conditions that the property owner failed to address. In these cases, you may be able to seek compensation through a premises liability claim. Understanding when and how a property owner can be held responsible for your injuries is key to protecting your rights after an accident.
What Is Premises Liability?
Premises liability is a legal concept that holds property owners accountable for accidents and injuries that occur on their property due to unsafe conditions. Under this principle, owners are expected to maintain their premises in a reasonably safe condition, warn visitors of any known hazards, and repair any dangers within a reasonable timeframe. If they fail to do so, they may be liable for any resulting injuries.
Premises liability claims can arise from a variety of situations, including:
- Slip-and-fall accidents: One of the most common premises liability claims, slip-and-falls typically occur due to wet floors, uneven surfaces, or poorly maintained walkways.
- Inadequate security: In some cases, a property owner may be held liable if someone is assaulted on their property due to a lack of security measures, such as poor lighting or malfunctioning locks.
- Falling objects: Injuries from falling objects, such as items improperly secured on shelves, can also give rise to a premises liability claim.
- Dog bites: If a property owner’s pet attacks someone on their property, they could be responsible for the injuries caused.
- Poor maintenance: Broken stairs, faulty elevators, or poorly maintained buildings can all create hazardous conditions that lead to injuries.
Key Factors in Premises Liability Cases
Not every injury on someone else’s property will result in a successful premises liability claim. Several key factors must be considered:
- The Legal Status of the Visitor: Visitors to a property can generally be classified into three categories: invitees, licensees, and trespassers. Property owners owe different duties of care to each group. Invitees, such as customers at a store, are owed the highest duty of care, while trespassers, who enter the property without permission, are generally not owed the same protections. However, there are exceptions, especially when it comes to children or if the owner has created an obvious hazard.
- Negligence: To have a valid premises liability claim, you must prove that the property owner was negligent. This means demonstrating that the owner knew about—or should have known about—the dangerous condition and failed to take reasonable steps to fix it or provide warnings.
- Causation: You must also establish a direct link between the owner’s negligence and your injury. If the injury could have occurred regardless of the hazardous condition, it may be difficult to prove that the property owner was at fault.
- Comparative Negligence: In some cases, the injured party may share some responsibility for the accident. For example, if you were texting and didn’t see the “wet floor” sign before slipping, the court may determine that you were partially at fault. Pennsylvania follows a comparative negligence rule, which means that your compensation could be reduced in proportion to your share of the blame.
How Metzger & Kleiner Can Help
If you’ve been injured on someone else’s property, navigating the complexities of a premises liability claim can be overwhelming. At Metzger & Kleiner, Attorneys at Law, we’ve been helping victims in Philadelphia and the Lehigh Valley for over 40 years. Our experienced personal injury lawyers will work diligently to investigate your case, determine fault, and fight for the compensation you deserve.
Contact us today for a free consultation. With our contingent fee structure, you won’t owe any legal fees until we secure a settlement or verdict on your behalf.
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