What Is a Premises Liability Case? | Purchase George & Murphey, P.C.

Video Transcript

Premises liability is a catch-all term for any injury that has occurred as a result of somebody failing to keep their property in a safe condition. That can be a commercial property like a store, a gas station, a restaurant, an office complex, an apartment building, somebody else’s house, anywhere where you have been invited to come on the property either for a business reason, you’re going to the store to buy something, a personal reason, you’re going to your friends to visit them, you’re going to the friend’s apartment to visit them, and the injury has occurred as a result of the property owner’s failure to keep it in a reasonably safe condition for visitors like you.

Premises liability cases, which are more commonly known as perhaps a trip and fall, are unfortunately very common, and it’s very important for an injured victim to contact us as soon as possible.

We need to take steps to preserve evidence that’s necessary to establish what exactly happened and who’s at fault for the accident. Slip and falls at public places are not ordinarily investigated by the police, and of course you’re injured, and so you’re getting medical treatment, and a lot of times taken away to the hospital.

So, you don’t have the opportunity maybe to photograph the scene. So, it’s often necessary to get lawyers involved soon, and this is something we do every day in order to preserve the evidence to determine exactly how your accident happened and who’s at fault for it.

Premises Liability Attorney in Erie, PA

Erie County, PA Premises Liability Lawyers

Maintenance of property in Pennsylvania is not optional, and for good reason. Poorly maintained property, either residential or commercial, can cause significant or fatal injuries. An incorrect gradation of steps, the wrong paint, an unmonitored aisle, an unlatched gate, or poor lighting can result in broken bones, drowning, or violent injury. When property owners do not maintain their premises, it is important that they are held accountable for injuries and fatalities that occur because of their negligence.

Western PA Lawyers Who Help Slip & Fall Accident Victims

Lawyers at the Erie, Pennsylvania firm of Purchase, George & Murphey, P.C. help clients who are injured or who have lost loved ones due to defective or dangerous property conditions. We seek compensation for medical bills and lost wages, as well as compensation for pain and suffering. Our goal is to obtain the resources needed to allow our clients to move forward with their lives.

Our Approach to Pennsylvania Premises Liability Cases

Recovering compensation in a premises liability case requires a comprehensive knowledge of the civil justice system that only an experienced legal team can provide. Our lawyers give personal injury clients comprehensive support and legal care. Our Erie, PA legal team is made up of experienced attorneys and client support staff who are seasoned, empathetic, and professional. We fuse our unrelenting approach to client advocacy with a hands-on approach that has obtained millions of dollars for clients in our four-plus decades of practice.

Examples of Premises Liability Cases in Pennsylvania

Premises liability matters can present unique, nuanced, and complex challenges. These cases often involve multiple defendants, including owners, lessors, property managers, and public entities. Premises injuries can occur in stores, homes, parks, sidewalks, office buildings, recreational facilities, and construction sites. Significant investigation is often required to determine the precise nature of the property conditions and to determine whether the people responsible had knowledge of existing dangers.

Some examples of premises liability matters include:

  • Slip and fall cases
  • Dog bites and other animal attacks
  • Inadequate building security or lighting leading to injury or assault
  • Elevator and escalator accidents caused by poor maintenance
  • Swimming pool accidents
  • Amusement park accidents
  • Fires
  • Toxic fumes or chemicals
  • Falling objects

Related: Does Your Erie Pennsylvania Premises Liability Accident Fit into One of these Three Categories?

Contact Our Erie, PA Law Firm About Filing a Premises Liability Claim for Your Slip and Fall Accident

To learn about your rights and options after an injury caused by dangerous or defective property conditions, schedule an initial consultation with one of our Erie County lawyers. You can call 814-273-2010 or use our contact form.

Schedule Your Free Consultation with the Experienced Erie, PA Premises Liability Lawyers at Purchase, George & Murphey, P.C.

We know that evaluating what to do after sustaining injuries on someone else’s property can be difficult.  Our lawyers are here to help regardless of the circumstances. We will evaluate the facts of your case for free to help you decide whether to pursue your right to compensation from the property owner.  For more information, call or contact our office online today.

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Frequently Asked Questions About Erie, PA Premises Liability Claims

Premises liability law gives injured parties the right to seek financial compensation when they are injured on someone else’s property.  Slip and fall accidents and negligent security claims are two common examples of premises liability cases.

At Purchase, George & Murphey, P.C., our trusted premises liability lawyers know that it can be difficult and complex to recover compensation even if you were injured on someone else’s property.  We put our more than two decades’ worth of experience to work in our fight to recover fair compensation for injured clients in Erie, PA. Below are some frequently asked questions about premises liability claims in Western Pennsylvania.

Call or contact our office today to explore your case with our lawyers in greater detail.

What is premises liability?

Premises liability is the legal term for holding property owners financially responsible for accidents that take place on their property. Property owners have a duty to keep their property safe for invited guests, customers and visitors. The extent of this duty depends largely on why you were on the property owner’s property. Business owners are subject to a higher standard of care than private property owners, for example.

What do I have to prove to recover compensation based upon premises liability if I was injured on someone else’s property?

It is first necessary to establish why you were on the property—whether as a customer in a store or guest at a party. That determines how high the threshold of proof in your case will be. It is also necessary to show that there was an unreasonably dangerous condition on the property. The property owner must have known about the danger and failed to warn you that it existed to prevent you from getting hurt. In the case of business owners, the property owner might also be liable if the owner reasonably should have been aware of the danger through inspecting the property. You also have to show that the injuries and harm you suffered were caused by the dangerous condition.

What difference does it make if I was trespassing and was injured on someone else’s property?

Premises liability law does not provide strong legal protection for trespassers. Property owners only have the duty to avoid causing intentional harm to the trespasser. In other words, they do not have the same duty to make their property safe for trespassers.

What should I do if I was injured on someone else’s property?

You should seek medical care and also be sure to report the dangerous condition to the property owner (if you were in a store, restaurant or other public place, report the condition to a manager). You should also take photographs of the scene to document the dangerous condition. If anyone else witnessed your accident, get their contact information. As with any other accident, keep written documents of your injuries and anything else you can remember about the accident, and make sure you speak to an experienced premises liability lawyer as soon as possible.

What are some common types of premises liability claims?

The most common type of premises liability claim is a slip and fall accident claim. Property owners can also be held responsible under this theory of law if they fail to provide adequate security—such as where an owner’s property is located in a dangerous neighborhood, and the owner fails to install proper lighting in a parking lot or other relevant security measures.

What if the property owner says that my injuries are my own fault because I should have seen that the danger was obvious?

Even invited visitors and guests on property have a duty to avoid obvious dangers to avoid injury. Depending upon the circumstances, this may be a valid defense to the property owner’s liability. Our lawyers can evaluate the facts of your case to counter this type of defense if possible.

What if I am found to be partly, but not totally, responsible for the accident? Can I still recover compensation in a premises liability case?

Like other injury cases, premises liability compensation awards are subject to Pennsylvania’s comparative negligence rules. This means that if you are partly responsible, you might be able to recover only a partial compensation award. Your award may be reduced to the extent that the accident was found to be your fault.

What do I need to know about dealing with the insurance companies when making a premises liability claim?

It is important to remember that even though the property owner has a legal duty, the insurance company will usually ultimately pay your compensation. However, the insurance company is a profit-motivated business. That means the insurer may attempt to pay less than you deserve. Before speaking with the insurance company or signing any documents, make sure to speak with an experienced premises liability lawyer about the value of your claim.

Can a property owner be found responsible financially if I was physically attacked while on their property?

In some cases, yes. If the property owner failed to take proper and appropriate security measures—and knew that the possibility of an attack was likely given past experiences or the neighborhood in question—the property owner might be responsible. This is the case even though someone else committed a crime by attacking you and the property owner had no control over that person’s illegal actions.

I was injured at a friend’s house and don’t really want to sue them. What can I do when I need help to pay my bills?

Premises liability law imposes responsibility for warning guests of dangers even if you were at a friend or loved one’s home. Importantly, your friend’s insurance company is actually going to be responsible for paying your bills. Your friend’s homeowner’s insurance will apply—and, in fact, is one of the primary reasons they have been paying for homeowner’s (or renter’s) insurance in the first place.

How long do I have to bring legal action under a premises liability theory of law?

Like other Pennsylvania injury cases, you have two years from the date of your accident to file a lawsuit for compensation.

Frequently Asked Question Videos

Do I Still Have a Premises Liability Case If There Was a Warning Sign?
Do I Still Have a Premises Liability Case If There Was a Warning Sign?

Video Transcript

People who have been injured on the property of another often have a number of questions about who is responsible for their injury. For example, they might say, “Well, it was a wet floor and there was no warning sign.” And some people might think if there is a warning sign, they don’t have a case.

My best advice is to contact us as soon as you have suffered a serious injury while on the property of someone else. We can give you our professional advice as to whether the property owner is potentially responsible for failing to keep the property in a safe condition, regardless of whether there may have been a sign or some other notice of the defect in the property.

A lot of times those signs are misleading or they’re not in a prominent place. And so, we can give you our advice on whether we believe that you have a viable claim against the property owner for failing to keep their property in a safe condition.

What If the Property Owner Denies Responsibility in a Premises Liability Case?
What If the Property Owner Denies Responsibility in a Premises Liability Case?

Video Transcript

If you’ve suffered a serious injury due to a fall or trip or some other incident that occurs at a public place, very frequently the business is not going to volunteer to pay your claim or to ask their insurance company to pay your claim. Their knee-jerk reaction is to deny responsibility for the incident.

They may prepare incident or an accident report, but they’ll very often do little more than that. And so, it’s necessary in our view for you to protect yourself by contacting our law firm if you’ve suffered a serious injury while you’re on the property of another so that we can assess the case and give you our best advice on whether you have a viable claim against the property owner for their failure to keep their property in a reasonably safe condition.

Can I Sue If I’m Injured at a Store or Business?
Can I Sue If I’m Injured at a Store or Business?

Video Transcript

We frequently get calls from people who have been injured while they’re on the property of another. They have tripped or slipped or they’ve been run into. I had a case where somebody was run into by one of the employees who was pushing a cart. Any type of injury that happens at a public place and when you’re visiting their business, please contact us.

We can give you our best advice on whether you have a viable claim for that property owner or that store owner’s failure to keep their property or their store in a reasonably safe condition.

Can I File a Premises Liability Claim If I Was Partially at Fault?
Can I File a Premises Liability Claim If I Was Partially at Fault?

Video Transcript

Seriously injured people often contact us and ask us, “Do we have a viable claim even though I personally feel like maybe I was partially at fault?” In Pennsylvania, an injured victim does not have to prove that the other party was 100% responsible for the harm. An injured victim can collect money even if a judge or a jury ultimately finds that the injured victim and the defendant equally shared responsibility.

If it was 50/50, the claimant is still entitled to recover damages from the store owner or the property owner. It’s just that those damages will be reduced by 50%. But it is certainly worth investigating. That’s something that we can help you with and we can help determine whether your case is one that we think you should pursue.

What Compensation Can I Recover After a Slip and Fall Injury?
What Compensation Can I Recover After a Slip and Fall Injury?

Video Transcript

In a premises liability case, essentially you can recover any money that you have lost as a result of the injuries, so long as the property owner or the store owner was at fault for failing to keep their property or their store in a reasonably safe condition. For example, you can recover lost wages or lost income if you’re a business owner.

Anything that you can prove that you would have received or were likely to receive but for the fact that you were injured, you can claim. And in addition to that, medical expenses, any other out-of-pocket expenses, and importantly, what we call pain and suffering damages. Essentially, the amount of money necessary to compensate you for the change in your life, the negative change in your life as a result of you being injured.

All that can be compensated, and we can help build that claim for you and articulate it to the insurance company. So, we encourage you to contact us soon after you’ve suffered some kind of an injury on somebody else’s property.

How Long Do I Have to File a Premises Liability Claim in Pennsylvania?
How Long Do I Have to File a Premises Liability Claim in Pennsylvania?

Video Transcript

With respect to premises liability cases, which again are those cases in which somebody has been seriously injured while they are on the property of somebody else. Ordinarily, those claims in Pennsylvania have a 2-year statute of limitations. However, I really encourage anyone who have suffered that sort of an injury to contact us long before that 2-year deadline.

In fact, I would want you to do it as soon as you are able to after receiving the immediate treatment that you receive after the accident because there may be some factors that change the amount of time that you have to bring the claim. But, I just encourage anybody that’s injured while they’re on the property of somebody else to contact us so we can help you.

Why Is Evidence Important in a Premises Liability Case?
Why Is Evidence Important in a Premises Liability Case?

Video Transcript

In premises liability cases where you have been injured while you are on the property of somebody else. You’re at a store, you’re at a restaurant, you’re at a gas station, you’re at an apartment building, you’re at a friend’s house. A lot of times photos, video, reports of witnesses are very important to determining who was at fault.

Primarily to determine the condition of the property or to find out how it is that you got hurt. Very often public places have video that capture the location where you got hurt, but a lot of times that video is overwritten or destroyed in a short period of time after your accident. So, it’s important for you to get that video requested and that is one of the things we do when we are hired to help you through the process.

Can I File a Slip and Fall Claim If I Didn’t Seek Medical Treatment Right Away?
Can I File a Slip and Fall Claim If I Didn’t Seek Medical Treatment Right Away?

Video Transcript

A lot of times we’re contacted by people who have been injured while they’re on the property of somebody else. They’ve tripped or slipped and they think they’re not seriously injured. Perhaps they’ve fallen and they’re embarrassed and they just want to get up and get out of there. And they don’t notice the seriousness of their injuries until later.

If you ultimately have determined that you have suffered an injury and that injury occurred while you’re on somebody else’s property, we encourage you to contact us, don’t feel like simply because you didn’t get immediate medical treatment that disqualifies you from bringing a claim. It’s quite the opposite. We very often see people delay in treatment because they think they’re just going to feel better or the adrenaline of the incident itself kind of masked the injury that they ultimately were found to have.

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