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Dangerous property conditions canoccur without notice, while at other times property owners can be aware of the danger but choose to ignore or delay repairing it. Many accidents that give rise to premises liability occur because of the property owner’s negligence.
Premises liability comes into play in personal injury cases when an unsafe or defective condition on someone’s property causes harm or injury to another who is lawfully on the property.
Owners have a duty to maintain their property from any known or knowable dangers or hazardous conditions. Failure to meet that duty is negligence and the owner will be liable for damages caused by the dangerous condition.
What Does Premises Liability Involve?
Premises liability is a type of personal injury lawsuit. Personal injury cases are typically adjudicated on a theory of negligence. In order to win a premises liability case, the injured person must prove that the property owner failed to use reasonable care in connection with the property, and that their failure to use reasonable care was the actual and proximate cause of physical injury and/or property damage.
Generally speaking, this is negligence. Being injured on someone else’s property, however, does not by itself mean that a property owner was negligent. Likewise, unsafe conditions do not automatically equate to property owner negligence.
You must be able to demonstrate that the property owner knew or should have known of the unsafe condition(s), but failed to take appropriate action which led to your injury.
Slip and Fall Injury
Slip and falls are perhaps the most common type of premises liability injury that takes place.Loose carpets, uneven floor boards, leaks, spills, missing railings, and unsecured cables are just some of the more common causes of slip and fall accidents.
Slip and falls occur in a variety of different settings, as well. For example, construction sites are a hotbed of tripping hazards; gyms often have slippery surfaces in locker rooms or next to workout equipment; and everyone has heard stories about grocery stores that fail to clean up spills.
The latter example demonstrates how owners can also be sued for failure to put up a caution sign to warn customers of slipping hazards.Hiring a Philadelphia slip and fall lawyer is the best way to protect your rights if you have experienced a slip and fall accident that has caused injury.
Construction Site Injury
Construction sites are known for more than just slips and falls. They are often the site of severe accidents and injury. There are a multitude of potential hazards when it comes to construction sites that often lead to specific injuries.
The owner of a construction site is ultimately responsible for keeping it safe, with appropriate warning signs and safety measures, and secured for only trained workers while keeping the general public out.Owners are required to implement specific safety regulations and standards without any delay.
Failure to do so would benegligence.Some of the most common types of accidents in a construction area for which one can file a claim include falling from a ladder or other elevated position, equipment related injuries such as burns or crushing accidents, scaffolding defects, electrical shock injuries, and falling debris.
Accidents that occur at home often involvenot only family members but also guests who were invited onto the property.Some of the more common household accidents that lead to lawsuitsinclude icy driveways or walkways, balcony or staircase falls, and injuries caused by poorly lit common areas, and poorly repaired household structures, like stone walls or loose floor boards.
If a guest is injured on somebody else’s property, then he or she can file a lawsuit against the owner of the property or the tenant to recover expenses related to the injury. In some situations, landlords can also be held liable for injuries on their property, even if the property is leased for use by a tenant who maintains control of the premises.
This is yet another common type of accident that can occur for various reasons. Some of the causes might include rotted wood, broken or missing handrails, defective steps, slippery surfaces, or poorly maintained carpeting.
If you have been injured by falling down the staircase of a residential or commercial property and the fall has caused you harm, you may have a legal action against the property owner.
These types of dangerous or hazardous conditions can lead to serious injuries that require significant treatment and rising medical expensesfor the victim. Contacting a premises liability attorney is often the wisest approach to filing a lawsuit to recover damages for your injuries.
From investigating your case, contacting witnesses, identifying the responsible parties, and assessing the value of compensation owed to you, to negotiating a settlement agreement and obtaining a favorable outcome, an experienced Philadelphia Personal Injury Lawyer can provide you with reassurance that your case is in competent hands. Contact our office for a free initial consultation.