Premises injury
As a personal injury legal firm, we have encountered countless cases where individuals are injured on someone else’s property. Whether it’s a slip and fall at a grocery store, a dog bite at a friend’s house, or an accident at a public park, these incidents can lead to severe injuries and significant financial burdens. The aftermath can be overwhelming, and knowing what steps to take is crucial, especially when dealing with the intricacies of Pennsylvania law. Properly navigating the challenging situation of what to do if you’re injured on someone else’s property can make all the difference in protecting your rights and securing fair compensation.
Immediate actions to take
Ensure safety first
Immediately after an injury, your primary concern should be your safety. If you can move without aggravating your injury, get to a safe location. This could prevent further harm and allow you to assess your situation more clearly.
Seek medical attention
No matter the severity of your injury, seek medical attention as soon as possible. Some injuries may not be immediately apparent but can develop into severe conditions if left untreated. Medical records will also be crucial in your case, providing tangible evidence of your injury.
Report the incident
Notify the property owner or manager about the incident promptly. Please provide them with a factual account of what happened and ensure they document it. This report can be critical evidence if you decide to pursue a claim.
Gathering Evidence
Document the scene
Take photographs or videos of the accident scene. Capture the conditions contributing to your injury, such as a wet floor, poor lighting, or uneven surfaces. These visuals bolster your case by providing clear evidence of the hazardous conditions.
Collect witness information
If there were any witnesses to your accident, gather their contact information. Their accounts can corroborate your version of events and provide additional credibility to your claim.
Keep detailed records
Maintain a detailed record of all your medical treatments, expenses, and any correspondence related to the incident, including bills, prescriptions, and emails. These records will help quantify your damages and substantiate your claim.
Pennsylvania Premises Liability Law
In Pennsylvania, property owners must exercise reasonable care to keep their premises safe for visitors. Property owners must take steps to prevent foreseeable hazards. There are three types of visitors to a property:
- 1. Invitees
Property owners owe the highest duty of care to invitees; individuals invited onto the property for business purposes, such as customers in a store. Owners must regularly inspect and maintain the premises to prevent hazards.
- 2. Licensees
Licensees enter the property for social purposes or with the owner’s permission, like a guest at a party. Property owners must warn licensees of known dangers that are not immediately obvious.
- 3. Trespassers
Property owners owe the least duty of care to trespassers who enter without permission. However, they must refrain from willfully causing harm. Special rules apply to child trespassers under the “attractive nuisance” doctrine, which requires owners to secure potentially dangerous features like swimming pools.
Common Premises Liability Cases
Some common premises liability cases in Pennsylvania include:
- Slip and fall accidents can occur on icy sidewalks, wet floors, or uneven surfaces.
- Elevator accidents: Malfunctioning elevators can cause serious injuries.
- Dog bite attacks: Property owners are generally liable for the actions of their dogs.
- Swimming pool accidents: Inadequate fencing or supervision can lead to drowning accidents.
- Construction site accidents: Property owners must take steps to prevent accidents on construction sites.
- Negligent security: This type of case holds property owners responsible for failing to keep people safe.
- Amusement park accidents: These cases arise when an unsafe or defective condition on the property causes injury.
- Elevator and escalator accidents: If an accident is caused by a machine malfunction, the owner is responsible for maintaining the safety of the machine.
- Toxic exposure: If you are exposed to toxic substances like asbestos, pesticides, chemical solvents, or mold, a property owner may be liable for your injuries.
- Bone fractures: A property owner may be liable if you trip and fall on a ripped carpet, fall down a steep surface, or fall from a great height.
Filing a Personal Injury Claim
Consult an experienced personal injury lawyer
Navigating the legal landscape can be daunting. A seasoned personal injury lawyer can guide you through the complexities of Pennsylvania law, assess the strength of your case, and help you pursue the compensation you deserve.
Statute of limitations
In Pennsylvania, the statute of limitations for personal injury cases is generally two years from the date of the injury. Act promptly to ensure you don’t forfeit your right to file a claim is crucial.
Establish negligence
To succeed in a personal injury claim, you must prove that the property owner was negligent. Demonstrate that they failed to maintain safe conditions or warn of known hazards directly leading to your injury.
Pursuing Compensation
Types of compensation
You may be entitled to various forms of compensation, including medical expenses, lost wages, pain and suffering, and more. Your lawyer will help you identify all potential damages and build a robust case to maximize your recovery.
Settlement vs. trial
Many personal injury cases settle out of court. However, if a fair settlement cannot be reached, your lawyer may advise taking the case to trial. Each option has pros and cons, and your lawyer will help you make an informed decision.
Proving negligence in Pennsylvania
To succeed in a premises liability claim in Pennsylvania, you generally need to prove four elements:
- 1. The property owner owed you a duty of care
- 2. They breached that duty
- 3. This breach caused your injury
- 4. You suffered damages as a result
Pennsylvania follows a modified comparative negligence rule. You can still recover damages if you were partially at fault for your injury, as long as you weren’t more than 50% responsible. However, your compensation will be reduced by the percentage of your fault.
Stay safe on unfamiliar property
Navigating the challenging situation on what to do if you’re injured on someone else’s property can be a stressful and confusing experience. By understanding your rights, taking prompt action, and seeking appropriate legal guidance, you can protect your interests and focus on your recovery. Remember, every case is unique, and the specific circumstances of your incident will determine the best course of action. If you need clarification, feel free to contact a qualified personal injury lawyer like Amil Minora for advice.
Stay safe, and remember: property owners are responsible for maintaining a secure environment. If they fail in this duty and you’re injured, you have the right to seek fair compensation under Pennsylvania law.