Premises Liability in Philadelphia
When properties are not reasonably safe, people get hurt. Property owners responsible for hazardous conditions can and should be held accountable for any harm their unsafe conditions caused.
If you or a family member suffered injuries on someone else’s property due to hazardous or unsafe conditions, call Wilk Law. At Wilk Law, we fight to get you the compensation you need to get back on your feet due to mounting medical expenses, monthly bills, lost wages, and more. You can count on our premises liability attorneys for:
- Outstanding legal service;
- A track record of success recovering compensation for our clients; and
- Taking claims to trial when settlement negotiations are not producing fair results.
Call or contact our office in Philadelphia today. Wilk Law has decades of combined legal experience in premises liability claims and will work tirelessly to recover the maximum settlement allowable in your claim. Your initial consultation is free, and there are no upfront fees or expenses.
How Can a Philadelphia Premises Liability Attorney Help My Claim?
Skilled premises liability attorneys, like ours at Wilk Law, stand beside you and handle every aspect of your premises liability claim from start to finish. We want you to focus on your physical, mental, and emotional recovery while we do what we know best: representing the injured against those who harmed them.
Our Philadelphia premises liability attorneys will work your claim tirelessly, through:
- Thoroughly investigating your accident;
- Evaluating your case with any needed experts;
- Identifying every liable party;
- Pursuing all sources of compensation for your injuries;
- Interviewing compelling witnesses;
- Evaluating and assessing your monetary losses, general damages, and pain and suffering;
- Making a fair and just settlement demand;
- Representing you during insurance company negotiations;
- Settling your claim; or
- Filing a civil lawsuit; and
- Representing you during court hearings and possibly a trial.
Most premises liability claims settle before courtroom litigation. However, the premises liability attorneys at Wilk Law are glad to take your case to trial, if that is the best course of action for you.
What Is a Premises Liability Claim?
A premises liability claim is a type of personal injury claim that seeks to hold property owners or possessors responsible for the injuries suffered due to hazardous conditions on their properties.
Some of the most common premises liability claims are the following:
- Slips, trips, and falls;
- Dog bites;
- Swimming pool accidents, including accidental drowning;
- Negligent security;
- Poor or inadequate maintenance;
- Construction sites;
- Elevator and escalator accidents;
- Parking lot accidents;
- Carbon monoxide leaks; and
- Exposure to toxic substances or chemicals.
Determining Liability in a Premises Liability Claim
Certain conditions need to be met to find a property owner liable for any damages.
The following determine liability in a premises liability claim:
- The property owner’s conduct;
- The identity of the claimant; and
- The reason the claimant was on the premises.
In Pennsylvania, there are four essential elements in proving a premises liability claim:
- The person in possession or control of the land had a duty of care to the injured party;
- There was a breach of that duty either by their actions or inactions;
- The breach of duty caused harm to the injured party; and
- That harm resulted in actual damages.
The first element of a premises liability claim, the duty of care, hinges on the reasons for the injured party’s presence on the property and whether the injured party had a right to be on the property in the first place.
Per Pennsylvania law, there are three types of visitors to a property, and owners do not owe the same duty of care and consideration to each of these visitors.
The three classifications of visitors are:
- Trespassers. A trespasser is not authorized to enter or remain on a premises. Landowners do not owe any duty of care to trespassers but may not willfully or intentionally harm trespassers;
- Licensees. A licensee enters a property with the owner’s permission for a non-business or commercial purpose, such as a social guest. Property owners must warn licensees of dangerous conditions on the property that create an unreasonable risk of harm if the property owner is aware of the situation, and it is unlikely discoverable by the licensee; and
- Invitees. An invitee is anyone the owner permits to enter the property by expressed or implied invitation, such as a customer at a store or business. Property owners owe invitees the highest duty of care and must remove any existing property hazards, check for any unknown threats, and warn visitors about any known dangers.
There are some notable exceptions for children. For claims involving children, it is best to seek the assistance of an experienced premises liability attorney and have your claim reviewed.
Damages Available in a Premises Liability Claim
If an injured party meets the proper classification and is owed a duty of care by a property owner or possessor, they may file a premises liability claim seeking damages for their injuries and other losses.
Damages in a premises liability claim may include any of the following, and more:
- Medical costs;
- Lost wages;
- Loss of income earning potential;
- Pain and suffering;
- Mental and emotional trauma; and
- In the worst cases, wrongful death expenses.
Contact a Philadelphia Premises Liability Attorney
If you suffered injuries while on another person’s property in Philadelphia and are unsure if you meet the qualifications of an invitee, licensee, or possibly the parent of a trespassing child, call Wilk Law now to schedule a complimentary consultation. Our premises law attorneys can help you determine if a negligent property owner owes you compensation for your injuries or your child’s injuries.