Accidents occur in any setting, but when they result from unsafe conditions on another person’s property, the law may provide a means of access for the injured party to seek compensation. This is where premises liability laws come into play. In Philadelphia, as in many other places, premises liability laws ensure that property owners maintain safe environments for visitors. If you’ve been injured on someone else’s property—whether it’s a store, office building, apartment complex, or even a private home—you may have the right to hold the property owner accountable for your injuries.

In this blog, we’ll take a deep dive into what premises liability laws are, how they apply in Philadelphia, and why it’s important to seek legal representation from a premises liability lawyer if you’ve been injured.

What is Premises Liability?

Premises liability is another important area where property owners may hold liability in keeping their properties relatively safe for those who can rightfully enter. If such persons do not keep his environment relatively safe and someone enters or visits the premises causing his injuries, the owner would, at all times, have been held liable for said injuries.

Premises liability covers a wide range of accidents that can occur on private as well as public properties. From slip-and-fall injuries to security or property defects, these injuries can be caused due to any number of reasons. A critical element in such premises liability cases is negligence in maintaining or managing the premises by the property owner.

How Does Premises Liability Apply in Philadelphia?

Premises liability laws in Philadelphia are governed by Pennsylvania state law as well as municipal ordinances. The basic premise is that property owners have a duty to make sure their property is safe for visitors, whether they are customers, tenants, or invitees. The level of care that a property owner is expected to take depends largely on the status of the individual visiting the property.

Invitees vs. Licensees vs. Trespassers

In Pennsylvania, as it is in most states, premises liability laws classify different types of visitors to a property, to whom different standards of care must be owed. These classes are crucial in determining how liable the property owner might be.

• Invitees: These are people coming to the property for business reasons. For instance, clients shopping in a store or visiting a business place. The highest duty of care is owed by a property owner to invitees. This implies there must be no hazards on the property, known dangers must be repaired, and visitors must be cautioned over dangers that may be present. Liability under this duty extends if injuries result from unsafe conditions.
• Licensees: A licensee is a person who enters the property for non-business purposes but with the owner’s permission. Examples include social guests or friends visiting a home. Property owners must ensure that licensees are not exposed to hidden dangers, although they are not obligated to take the same level of precautions as they would for invitees. They are required to warn licensees of any known dangers that may not be obvious.
• Trespassers: A trespasser is someone who enters the property without the owner’s permission, for good or ill. Generally, property owners owe no duty of care to trespassers, except as it relates to intentional harmful acts, such as setting traps. However, there are exceptions, particularly in relation to children, where “attractive nuisance” laws may apply. These laws mandate property owners to take precautions against hazardous conditions that may draw children onto their premises, such as a pool, equipment, or machinery.

The Duty of Care of Property Owners in Philadelphia

Property owners in Philadelphia, like everywhere else in the U.S., are mandated to maintain their properties in a reasonably safe condition. This includes:

• Regular Inspections: Regular inspection of the property must be ensured for owners. These can either be in the form of environmental conditions, like wet floors, or physical, like damaged steps or cracked sidewalks, because of inadequate lighting.
• Timely Repairs: A hazard should be corrected within an appropriate time frame. If it’s impossible to correct a hazard, then the property owner needs to alert the visitors by placing cones or warning signs nearby the wet floor.
• Satisfactory Maintenance: The owners need to ensure that every section within their property is adequately managed. This may be about addressing rusty railings to the smooth emptying of walkways so that they are snow-clear and debris-free.

In Philadelphia Frequently Accurrence Premises Liability Injuries:

Premises liability cases arise literally wherever, from a shopping facility up to an apartment complex and municipal grounds to office buildings. Often claimed includes:

1. Slip- Fad and Fall Accidents

Perhaps one of the most prevalent kinds of premises liability cases is slip and fall. It can take place anywhere: grocery store to office building, whenever a floor has been wet, uneven or blocked. With all its business, hotels, and amusement venues, Philadelphia becomes very accident prone, particularly with slips and falls, given that owners of these premises should keep their places free of slippery situations whether it’s from spilled products, rainwater, snow or ice.

2. Inadequate Lighting

Poorly lit areas, such as stairwells, hallways, or parking lots, may cause accidents if visitors cannot see the potential hazards. If you have been injured in a poorly lit area due to the property owner’s failure to address lighting issues, you may have a case for premises liability.

3. Falling Objects

If a home owner fails to secure shelves, racks, or heavy objects safely, they may fall on guests and cause serious harm. This is common in warehouses, restaurants, and in general, stores.

4. Badly Constructed Staircases or Handrails

A staircase without proper handrails or stairs uneven or in poor condition causes huge injuries. Property owners are expected to ensure their stairways are well designed and well maintained to avoid accidents.

5. Swimming Pool Accidents

The property owner who has a swimming pool installed on his premises needs to be extra careful about having the pool area safe. Incidents of severe injuries take place due to improper fencing, poor signage, and a lack of proper supervision.

Establishing Premises Liability in Philadelphia

To win a premises liability case in Philadelphia, the injured party must prove that the property owner was negligent in maintaining the premises. There are three main elements to be proven in such a case:

• The Property Owner Had a Duty of Care: The plaintiff must prove that the property owner owed a duty of care to the injured party. For instance, a business owner owes a duty of care to customers.
• The property owner breached their duty of care: the plaintiff must establish that the property owner either failed to keep the property reasonably safe or failed to take remedial action regarding known hazards.
• The breach caused the injury: the plaintiff must further show that the injury was directly caused by the breach of duty, that is to say, the unsafe condition. Such as a slippery floor that makes the plaintiff fall.
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Why You Need a Premises Liability Lawyer

If you’ve been injured on someone else’s property, it’s crucial to consult a premises liability lawyer to help you navigate the legal complexities and protect your rights. A skilled lawyer can assist you in the following ways:

Investigating the Incident: Your lawyer can help collect evidence, such as surveillance footage, witness statements, and photos of the scene, to establish liability.

Determining Liability: The lawyer can help identify liability on the property and maintenance and safety. In certain cases, this may not necessarily be the owner of the property, but a tenant or a property manager or a maintenance company.

Dealing with Insurance Companies: In many cases, premises liability case means dealing with insurance companies. A lawyer will ensure that you’re given a fair settlement and not low-balled by the insurers.

Litigation and Court Representation: If your case goes to court, a premises liability lawyer can represent you, arguing your case effectively to secure compensation for your injuries.

Trust the Experienced Team at Alva Foster & Moscow, LLC: Your Premier Philadelphia Law Firm

When it comes to navigating premises liability cases in Philadelphia, having a skilled and experienced Philadelphia law firm on your side can make all the difference. Personal Injury – Alva Foster & Moscow, LLC is expertly able to represent injury victims on account of dangerous property. With an insider’s grasp of premises liability law, your rights will be zealously asserted, and you can rest assured knowing that you’re getting all of the benefits you deserve through your claims process. Regardless of whether it is a slip-and-fall, falling objects, or poor property maintenance, Alva Foster & Moscow, LLC is here to guide you through each step of the process. Visit Alva Foster & Moscow, LLC today schedule your consultation, and let their experienced lawyers fight for your justice and recovery.

Conclusion

The premise liability laws of Philadelphia provide an opportunity to injured persons to claim redress for accidents resulting from dangerous conditions on other people’s properties. If you are hurt due to slipping, or inadequate lighting, or by falling objects, then you can be in a position to claim the premises liability claim. It is by being knowledgeable of your rights and meeting a premise liability lawyer that you are capable of pursuing reparation from your medical bills, loss wages, and pain and suffering.

Such injuries can often be prevented, and property owners can be held liable for unsafe conditions on their premises for visitors. If you think you’ve been a victim of premises liability, don’t wait – get legal assistance to enforce your rights and recover what’s rightfully yours.

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