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Premises Liability

The world can be a dangerous place. Sometimes, those dangers are unavoidable. Other times, hazards or other conditions which create serious risks of injury or death are the result of property owners and others who fail to keep their property in a reasonably safe condition. When that happens, and people get hurt, those responsible for the conditions that caused the injury can and should be held accountable.

At Wilk Law, that is exactly what we do. When others fall down because of someone else’s negligent maintenance of property, we stand up for them, fighting to get them the compensation they need to get back on their feet.

Premises Liability in Pennsylvania

The legal concept of “premises liability” is the basis of personal injury claims made by people who get injured because of property hazards. But whether an injury victim can recover compensation for their injuries based on this concept can be complicated. Not only is the property owner’s conduct at issue, but so too is the identity of the claimant and the circumstances of how and why they are on the premises where they have been injured.

In Pennsylvania, a successful premises liability claim requires proving four essential elements:

  • 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 inaction.
  • The breach of the duty caused harm to the plaintiff.
  • The harm resulted in actual damages, such as injury, costs, and pain and suffering.

What Duty Does a Property Owner Owe?

It is the first element of a premises liability claim – the duty of care – which hinges on why the plaintiff was on the property and whether they had the right to be there. Under Pennsylvania law:

  • A trespasser – someone who is on property without the owner’s consent – may recover damages only for injuries willfully or intentionally caused by the landowner.
  • A licensee is someone who has been invited onto the premises by the owner for a non-business or commercial purpose, such as a social guest. A property owner must warn licensees of dangerous conditions on the property that create an unreasonable risk of harm if the property owner is aware of the condition and it is unlikely to be discovered by the licensee.
  • An invitee – typically a customer or patron at a store or business – may recover damages for injuries caused by the landowner’s unreasonable failure to exercise reasonable care to protect against dangers of which he actually knew or should have known.

Representation for All Premises Liability Cases

Wilk Law pursues compensation in all types of premises liability cases, including those arising from:

  • Swimming Pool Accidents
  • Construction Accidents
  • Dog Bite Injury
  • Parking Lot Accidents
  • Negligent Security

Wilk Law: Experienced Philadelphia Premises Liability Law Firm

If you’ve suffered an injury while on another’s property, please call Wilk Law to discuss your situation. At your free initial consultation, we will listen to your story, get a complete understanding of what happened, evaluate your claim, and advise you of your options. You pay nothing until and unless we obtain compensation for you, so please contact us immediately so that we may begin advocating for your rights.

Please call Wilk Law today at (855)-WinForU.

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920 Paoli Pike,
West Chester,
PA 19380

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