Understanding Pennsylvania Premises Liability Laws

We appreciate your like, share or follow. Your online activity helps us reach a larger audience, so please consider taking a moment to leave us a comment on our videos, or share our posts on social media.

How Can We Help You?

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.

Understanding Pennsylvania Premises Liability Laws

Premises Liability Law

Premises liability accidents can happen anywhere. An innocent person can slip and fall in a grocery store, restaurant, parking lot, office building, or in another person’s home. Any building or land that is someone else’s property can become dangerous for others when the owners fail to keep their property free of hazards. Premises liability accidents occur anytime someone becomes injured because of a property owner’s negligence. Victims of premises liability accidents have a legal right to bring a lawsuit against the negligent property owner for damages resulting from their injuries. 

How to Win a Premises Liability Lawsuit in Pennsylvania

Proving a premises liability lawsuit can be challenging. After medical malpractice lawsuits, premises liability lawsuits are among the most complex types of litigation in Pennsylvania. You will need to conduct a thorough investigation into the premises liability accident and gather evidence that shows the property owner knew or should have known about the condition that did not fix it.

The first step in winning a premises liability lawsuit is understanding Pennsylvania premises liability laws. A plaintiff who files a premises liability lawsuit needs to prove certain elements to succeed in obtaining damages. Specifically, the plaintiff will need to prove that the property owner knew or should have known that a danger existed on his or her property. The plaintiff must prove that the owner had adequate notice to fix the dangerous condition and failed to take steps to fix it promptly.

 

Proving Negligence in a Premises Liability Lawsuit

Under Pennsylvania law, property owners owe their guests and invitees to use a duty to keep their properties reasonably safe. Most premises liability lawsuits involve a guest or invitee. For example, if you are a customer, a friend, or a person walking in a public park, you are the property owner’s guest. Anytime you are lawfully on private or public property, courts will generally presume that the landowner owes you a duty of care. 

The legal duty owed by commercial property owners is typically higher than private property owners. Additionally, property owners do not owe trespassers a duty to keep their premises reasonably safe. However, property owners can be held liable for injuries that children sustained due to dangerous conditions under Pennsylvania’s attractive nuisance doctrine.

You will need to prove that the landowner failed to repair a dangerous condition, did not take reasonable steps to maintain the property, or failed to warn you about a dangerous condition about which the landowner knew or should have known. Suppose a clothing retailer knows that ice and snow typically accumulate on the steps leading up to their entryway. In that case, the ice and snow are foreseeable hazards to customers, and the property owner has a duty to clear the dangerous conditions for customers’ safety.

 

Steps to Take After a Pennsylvania Premises Liability Accident

Becoming injured in a premises liability accident can be jarring and overwhelming. None of us anticipates suffering a serious personal injury when at work, running errands, or visiting someone in their home. However, knowing what to do after a premises liability accident can help you preserve your legal right to compensation. The steps you take after an accident are crucial for recovering the compensation you need.

Gathering evidence is one of the most important steps you can take immediately after a premises liability accident. The first thing you should do is call 911 and request immediate medical attention. If you can, take out your cell phone and take pictures of the dangerous condition or object that caused your accident. Suppose you were injured after slipping on a puddle of liquid at a grocery store. Try to take photographs of the substance on which you tripped and fell.

After a premises liability accident, it is common for the property owner or one of his or her employees to try to quickly clean up the liquid or debris that caused your accident. Obtaining photos of the dangerous condition can help you prove that your injuries were the property owner’s fault. If you see any witnesses to your accident, ask them for their contact information. Without cell phone video or CCTV footage, witness testimonies may be the only way to prove that the accident occurred.

Finally, hiring a premises liability attorney as soon as possible after your accident is crucial. Insurance companies typically begin calling victims very soon after the accident occurred to request a statement. You only have a limited amount of time to file a premises liability lawsuit and your lawyer will need to begin conducting research as soon as possible.

Due to the trauma of the accident, many victims accidentally admit fault for the accident. An attorney can help you give an accurate statement that protects your future compensation claim. An attorney can also help you negotiate with the insurance company so you do not accept an unfair settlement offer that is far too low.

 

Common Types of Premises Liability Lawsuits in Pennsylvania

Premises liability accidents can happen nearly anywhere, and they occur for a variety of reasons. Many premises liability lawsuits involve slip and fall or trip and fall accidents, but there are numerous ways in which a person can become injured on someone else’s property. Some of the many dangerous conditions on a person’s property that can cause premises liability accidents to include the following:

  • Safety code violations
  • Slippery or wet floors
  • Unsafe or narrow stairways
  • Inadequate lighting
  • Merchandise falling from shelves
  • Unbalanced floor
  • Torn carpeting
  • Uneven or cracked sidewalks
  • Negligently maintained publicly-owned areas, such as potholes
  • Tree branches falling on visitors
  • Dangerous electrical wiring
  • Toxic chemicals or fumes
  • Swimming pool accidents
  • Safety code violations
  • Debris in a pathway

 

Contact a Pennsylvania Premises Liability Lawyer

If you or your loved one has become injured on another person or company’s property, you need an experienced lawyer on your side. The premises liability lawyers at Schwartz and Schwartz have a proven track record of obtaining compensation for our clients who have been injured on other people’s property. We have decades of experience with Pennsylvania premises liability laws, and our trial-ready lawyers are prepared to represent you. Contact our Pennsylvania premises liability lawyers today to schedule your free initial consultation.

You May Also Like These Related Videos…

We’re Still Working!

"We're Still Working!",  is the most current Covid-19 update from Personal Injury Attorney Ben Schwartz of Schwartz and Schwartz Law Firm. https://youtu.be/sxgZF8ZZdw0 Hi, I’m Attorney Ben Schwartz, Today I am coming to you from my living room. The reason being, I am working from home. The other...

read more

Weirdest Injury Claim

Delaware Personal Injury Attorney Ben Schwartz describes for a viewer what he would consider being on his list of, "the weirdest injury claim". https://youtu.be/4UIz3AIKI8M Hi, I’m Attorney Ben Schwartz, Today we are going to answer a viewer question from Andrew who wrote in and essentially asked,...

read more

What is a Letter of Protection and Why am I Being Asked to Sign One?

When a personal injury accident victim does not have insurance, they often are concerned about how their medical bills will be paid. Their insurance companies will try to avoid paying out claims. A letter of protection (LOP) is a contract between you and your doctor stating that your doctor will...

read more

0 Comments

Submit a Comment

Your email address will not be published. Required fields are marked *

Meet Our Team Of Experts

Rob Collins

Attorney

Gwendolyn Osborn-Gustavson

Attorney

Scott T. Smith

Case Manager

Freddie Daniels

Practice Manager

Steven Schwartz

Founding Partner

Freddie Daniels

Joe Stanley

Attorney

Freddie Daniels

R. Mark Taneyhill

Attorney

Stephen Norman

Of Counsel

Freddie Daniels

Ben Schwartz

Managing Partner

James "Matt" Stiller

Attorney

REQUEST A FREE CASE EVALUATION

Main Office

1140 South State Street
Dover, Delaware 19901

VISIT US ON SOCIAL MEDIA

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.

Dover, Delaware

1140 & 1126 South State Street
Dover, Delaware 19901

More Details

Are you looking for a Dover, Delaware Personal Injury Lawyer?  Our Dover, DE law office is located adjacent to Carroll’s Plaza in Kent County, Delaware.

Bethany Beach, Delaware

34026 Coastal Highway
Bethany Beach, Delaware 19930

More Details

Are you searching for a personal injury or wrongful death attorney handling cases in the Delaware beaches area or Ocean City, MD? Schwartz & Schwartz attorney Stephen Price Norman maintains an office on Route 1, Coastal Highway in South Bethany Beach, DE.

Dagsboro, Delaware

30838 Vines Creek Road, Unit 3
Dagsboro, DE 19939

More Details

Are you trying to find a personal injury lawyer for your Eastern Sussex County, DE or Eastern Shore of Maryland case? Schwartz & Schwartz personal injury lawyer Stephen Price Norman maintains an office on Vines Creek Road in Dagsboro, Delaware.

Wilmington, Delaware

1525 Delaware Ave.
Wilmington, Delaware 19806

More Details

We are Wilmington, Delaware Personal Injury Attorneys. Our Wilmington law office is located at 1525 Delaware Avenue in New Castle County, Delaware 19806.

Salisbury, Maryland

Suite 500-A
100 East Main Street
Salisbury, Maryland 21801

More Details

Are you looking for a Salisbury, Maryland Personal Injury Lawyer? Our Salisbury law office is located next to the Shore Bank in Downtown Salisbury, Maryland. Our building address is 100 East Main Street Salisbury, Maryland 21801 and our office is located in Suite 500-A.

Philadelphia, Pennsylvania

1650 Market Street 36th Floor
Philadelphia, Pennsylvania 19103

More Details

Schwartz & Schwartz, Attorneys at Law, P.A. is a Mid-Atlantic regional plaintiff’s trial law firm focusing on wrongful death and catastrophic personal injury cases, with offices in Philadelphia, Pennsylvania.

Baltimore, Maryland

Legg Mason Tower
100 International Drive, 23rd Floor
Baltimore, MD 21202

More Details

We are Baltimore, Maryland trial lawyers handling wrongful death and serious personal injury cases

Washington, D.C.

Coming Soon!
Stay Tuned For Our New Office Location
Washington, D.C.

Directions Coming Soon

More Details

Stay tuned for more information about our new Personal Injury & Wrongful Death law office, which will be located in Washington, D.C.

What Are You Waiting For?

We have offices conveniently located to provide expert legal representation in Delaware, Maryland, Washington, D.C., New Jersey, and Pennsylvania.

Free Consultations

We offer free consultations in most cases, but not all. Please give us a call to see if you qualify.

Call or Email Us today

Time is an important factor in most legal cases. Don't delay, send us an email or call today!

24/7 Service

Our normal office hours are Mon - Fri, 9 am - 5 pm. Our answering service is available 24/7 at 1-855-847-8437.

Convenient Regional Locations

We have offices located to provide expert representation in Delaware, Maryland, Pennsylvania, Washington, D.C., and New Jersey.

Tip The Scales of Justice in Your Favor

Schwartz & Schwartz, Attorneys at Law is a major force in Delaware, Maryland, Washington, D.C., New Jersey, and Pennsylvania civil and criminal litigation.

Law Firm Testimonials

Gwendolyn Osborn-Gustavson

Scott T. Smith

Rob Collins

Steven Schwartz

Freddie Daniels

Joe Stanley

Freddie Daniels

R. Mark Taneyhill

Stephen Norman

Freddie Daniels

Ben Schwartz

James "Matt" Stiller

Tip The Scales of Justice in Your Favor

Our attorneys have significant experience in corporate, business and commercial litigation, in the United States District Court, in the Delaware Court of Chancery, and in the Delaware Superior Court.
Complex Corporate, Business and Commercial Litigation issues require the expertise of skilled legal corporate litigation professionals with experience in the industry and the ability to provide tenacious,

Criminal Defense Lawyers in Delaware

Schwartz & Schwartz offers a FREE CONSULTATION with Criminal Defense Lawyers in Delaware to anyone who has been arrested or who has been contacted about a prospective criminal arrest.