Premises Liability

You are entitled to reasonable care and safety while on the property of someone else, especially when that someone is offering a service. It is not enough for someone to ensure that there is no harm, but to take the appropriate measures to remedy any defects on their land. If you or a loved one have been the victim of premises, you may be entitled to compensation.

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Premises Liability Law in Pennsylvania: An Overview 

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In Pennsylvania, premises liability law is a critical component of personal injury law that holds property owners accountable for injuries that occur on their property due to their negligence. This area of law ensures that those injured due to unsafe conditions on residential or commercial properties can seek compensation for their damages.

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Understanding the Duty of Care 

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The cornerstone of premises liability is the duty of care that property owners owe to visitors. This duty varies depending on the classification of the visitor: 

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• Invitees: Individuals who enter a property for the owner's benefit, such as customers in a store, are owed the highest duty of care. Property owners must inspect for hazards, make necessary repairs, and warn of known dangers. 

• Licensees: Those who enter the property for their own purposes, like social guests, must be warned of known hazards, but property owners are not required to inspect for unknown dangers. 

• Trespassers: Generally, property owners owe no duty of care to trespassers, with the exception of the "attractive nuisance" doctrine, which protects children from known hazards. 

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Proving Negligence in Premises Liability Cases 

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To prevail in a premises liability claim, the injured party must prove the following elements: 

• Duty of Care: Establish that the property owner owed a duty of care based on the visitor's classification. 

• Breach of Duty: Show that the property owner failed to uphold their duty by not maintaining the property or warning of hazards. 

• Causation: Prove that the breach of duty directly caused the injuries. 

• Damages: Provide evidence of the incurred damages, such as medical expenses and lost wages. 

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Comparative Negligence in Pennsylvania 

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Pennsylvania follows a modified comparative negligence system. If the injured party is found partially at fault for their injuries, their compensation may be reduced proportionally to their degree of fault. 

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Navigating Premises Liability Claims 

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Navigating a premises liability claim involves several steps: 

• Initial Consultation: Seek legal advice to understand your rights and the viability of your claim. 

• Investigation: Gather evidence, such as incident reports and witness statements. 

• Filing a Claim: Initiate legal proceedings within the statute of limitations. 

• Negotiation: Engage in settlement discussions with the property owner or their insurance company. 

• Trial: If a settlement cannot be reached, the case may proceed to trial. 

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Conclusion 

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Premises liability law in Pennsylvania is designed to protect individuals who have been injured due to the negligence of property owners. Understanding your rights and the legal process is essential for pursuing a claim. As an attorney, it is my role to guide clients through this complex legal landscape, ensuring they receive the justice and compensation they deserve. 

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For a more comprehensive understanding or specific legal advice, schedule a consult with one of the qualified attorneys at Goldleaf Law regarding premises liability law in Pennsylvania. 

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Unsure if your case qualifies? Schedule a consultation to find out.