Helping Victims Navigate Complex Liability Laws

Accidents can happen anywhere, but when someone is injured because a property was not properly maintained by the owner, someone needs to be held accountable. Issues such as broken railings or poorly maintained walkways can create unsafe conditions, and visitors to the property may not be aware that there is a danger until it’s too late. When a person is injured on a property because the property has not been properly maintained and managed, the owner or operator of the property may be responsible for compensating the injured person.

In Pennsylvania and New Jersey, property owners are expected to keep the land and the buildings safe for invited visitors. Beyond just slips and falls, premises liability cases can arise from a number of situations, including collapsed ceilings, collapsed buildings, lack of security, defective walkways, building code violations, workplace injuries, harmful toxins, and construction site injuries.

If you have been injured and would like a free and confidential evaluation from experienced premises liability attorneys, call Full Court Justice at (215) 770-0282 today.

Types of Premises Liability Cases

At Full Court Justice, our personal injury attorneys have over 40 years of experience representing people injured in premises liability cases. Whenever the person responsible for maintaining a property fails to ensure it is safe for people authorized to be on the property, and someone gets injured, a premises liability lawsuit may arise. There are many types of premises liability injury cases, including:

• Construction site injuries: Construction sites require rigorous safety standards, and they can pose serious hazards when these rules are ignored. Potential hazards include falls from ladders or scaffolding, burns from caustic or flammable chemicals, and loose debris.
• Amusement park injuries: Amusement parks have a responsibility to patrons to appropriately maintain structures like rides, seating areas, walkways, and paths. Common examples of negligence include not putting up appropriate signs on slippery surfaces or mechanical failures due to a lack of maintenance.
• Workplace injuries: Employers have a responsibility to ensure that workers and visitors are in a safe environment. Failure to adhere to safety protocols, lack of appropriate signs and warnings, and failure to monitor restricted areas can result in injuries.
• Malfunctioning escalators and elevators: Escalators and elevators have moving parts that can cause serious injury or even death if they aren’t properly inspected and maintained. Potential hazards include sudden drops, falls, and electrical shocks.
• Shopping mall injuries: Shopping malls are large commercial spaces that can have hundreds of shoppers in one place at the same time. This is why it’s critical for building owners and managers to quickly identify and address safety concerns, such as wet floors, broken tiles, or unsecured displays that could create a hazard for patrons.
• Recently mopped floors: Keeping a property safe includes keeping it clean, but wet, slippery floors are one of the most common causes of slips and falls. When a property manager fails to post warning signs, customers can end up with fractures, concussions, and other serious injuries.
• Collapsed ceiling: When building owners don’t appropriately address structural issues or water damage, it can lead to bigger problems, such as a ceiling collapse. Those caught underneath the debris could suffer serious injuries and be entitled to compensation.
• Building collapse: A total building collapse is a worst-case scenario, but it’s also a situation that’s more likely to result in catastrophic injuries or death.
• Icy parking lot: Philadelphia gets its fair share of winter weather, and property owners are responsible for keeping parking lots and walkways clear. A fall on an icy surface can result in a sprain, broken bone, or head injury.
• Lack of proper lighting: Sometimes, keeping people safe means ensuring that hallways, parking lots, and other areas have sufficient lighting. Burned-out bulbs or a lack of fixtures can increase the chances of an accident or criminal activity.
• Lack of security: Property owners who don’t provide adequate security measures could expose visitors to preventable harm. This is more common for commercial buildings or rental properties, such as apartment complexes.
• Carbon monoxide leaks: A large portion of Philadelphia property owners rely on gas heat to keep spaces warm in the winter, but these heating mechanisms can malfunction, increasing the risk of a carbon monoxide leak.
• Toxic mold: Failing to quickly address water leaks or other moisture problems can result in the buildup of mold, which can be extremely hazardous to people’s health. Prolonged exposure to high levels or certain types of mold can result in chronic allergies and respiratory problems.
• Broken or cracked sidewalks: Part of being a responsible property owner is keeping sidewalks and paths maintained. Breaks and cracks can result in uneven surfaces that can increase the risk of accidents and injuries for visitors and those walking by.
• Pavers or tiles that are not level: Uneven flooring inside a building also poses a hazard. Uneven tiles create a trip hazard and can result in injuries if someone falls.
• Overcrowding at venues: Owners of large venues, such as arenas or stadiums, are responsible for having adequate crowd control measures. This includes enforcing the legal limit for how many people can be in the space and using tools like barricades and security personnel for crowd control.
• Swimming pool injuries: Swimming pools give people the chance to cool off in the warm summer months, but they can also present an enticing hazard. Property owners must take actions to keep their pools maintained and secure, such as adding a fence, to prevent accidents.

If you were injured because a property owner or manager failed to take action to keep their premises safe, you may be entitled to compensation. Contact Full Court Justice to learn more about your legal options and how to start this process.

How Do You Prove Liability in a Premises Liability Injury Case?

Regardless of the type of case, a good personal injury lawyer knows how important a thorough investigation is. To prove negligence in a premises liability injury case, it must be proven that the victim was injured due to a dangerous condition and that the landowner knew about the dangerous condition and did not do anything about it, or should have known about it.

The first step is proving that it was a dangerous condition that caused the personal injury. The best evidence for proving a dangerous condition is photographs taken as close to the time of the incident as possible. As time passes after the incident, many things change, preventing the opportunity to capture the area as it was when the injury occurred. Understandably, someone severely injured by a collapsed ceiling or icy parking lot may not think to take photographs right away, which is why a good personal injury lawyer will make sure a thorough investigation of the scene is done as soon as possible, and photographs are taken and preserved.

Along with scene investigation, codes and ordinances can help establish whether or not the slip and fall or trip and fall was caused by a dangerous condition. Local codes often will regulate how buildings are expected to be built and maintained, or how wide and tall curbs, sidewalks, and walkways should be.

Next, it must be proven that the landowner either knew of the dangerous condition and did not do anything about it, or should have known about it and did not. In plain English, this means that the landowner is responsible for reasonably inspecting the property to make sure it is safe.

If a slip and fall injury occurs because of a wet floor in a grocery store, a personal liability injury attorney must find out how the floor got wet, how long the floor was wet, who knew about it, and what was done to warn the public. Using this example, if the water was spilled by a shopper just seconds before another shopper slipped and fell, without any chance for an employee to do anything about it, then the supermarket is not liable. But if the spilled water sat on the floor in the aisle for a long enough time that employees should have noticed and done something about it, then the supermarket is much more likely liable.

Rarely are premises liability injury cases as simple as the above example, and the circumstances vary from case to case. If you have sustained a premises liability injury, contact a personal injury attorney at Full Court Justice today for a free and confidential case evaluation.

Common Premises Liability Claim Injuries

While not keeping up with property maintenance may seem like a minor issue, the truth is that it can result in serious injuries and months of pain and recovery for victims. In some cases, these accidents can result in permanent loss of function or even death. Some of the most common injuries we see in premises liability cases include:

• Broken arms
• Decapitation
• Death
• Fractured vertebrae
• Broken ribs
• Brachial plexopathy
• Nerve damage
• Broken pelvis
• Traumatic brain injury
• Drowning
• Burns
• Toxic exposure
• Torn Muscles
• Knee Replacement

The cost of emergency care and the ongoing treatment and rehabilitation can result in overwhelming medical bills for the victims and their families. Working with an experienced premises liability attorney can help you pursue maximum compensation for your injuries and other damages.

Who Is Liable for Premises Liability Injuries?

Often, many parties beyond the landowner or shop owner may be liable for premises liability injuries. The question is, who was responsible for maintaining the property at the time of the incident? Without any agreements or contracts, this is usually the landowner, but in many cases, leases or other agreements dictate who is responsible, in addition to or in place of the landowner, for maintenance of the area where the premises liability injury occurred.

In a multi-unit commercial property, like a strip mall, many landowners are out of possession. In this case, absent any agreements stating otherwise, the landowner is generally responsible for maintaining the common areas of the property, like the parking lots and hallways, while the tenant is responsible for maintaining the specific unit they are leasing.

In many cases, landowners contract with other companies to maintain the property. In this case, the language in the contract is important in determining who was responsible for ensuring the premises were safe for individuals to enter upon.

What Damages Can You Recover Through a Personal Injury Claim?

Under Pennsylvania law, property owners owe a duty of care to ensure their premises are safe for lawful visitors. If you or someone you love was injured on someone else’s property, you may be entitled to economic and non-economic damages. Economic damages are things like medical expenses, lost wages, and diminished earning potential. Non-economic damage is more commonly known as pain and suffering and reflects the impact of the accident and your injuries on your mental health and enjoyment of life. How much you could get in a premises liability lawsuit depends on the facts of the case and the severity of your injuries.

If you believe that your injuries were the direct result of a property owner failing to meet their legal duty, contact Full Court Justice at (215) 770-0282 to schedule a free initial consultation with a Philadelphia premises liability lawyer.

Disclaimer: This website is for informational purposes only. It is not legal advice, and nothing on this site should be taken as legal advice for any individual care or situation. Full Court Justice has offices in Philadelphia, Wayne, and Voorhees and serves clients throughout Pennsylvania and New Jersey.