Types of Dangerous Property & Premises Liability Cases We Handle
If you or a loved one was harmed on someone else’s property, it’s time to talk to a premises liability lawyer near you. Our in-house nurse, network of medical experts, and experienced legal team will review your claim and help you decide the best path to go forward. We are passionate about fighting for the rights of our clients.
What Is Premises Liability?
Premises liability refers to the legal responsibility a property owner or occupier has for injuries sustained by visitors on their property. Simply put, if someone gets hurt on a property because it wasn’t safe, the property owner or manager might be liable for their damages.
Under Pennsylvania tort law, property owners owe a duty of care to most visitors depending on their classification. (They don’t generally owe a duty to trespassers.) If there are dangerous conditions and the property owner does not warn invitees or visitors, then the owner may be considered negligent. This would render them liable for any damages sustained by the victim.
Classification of Visitors to Properties
In general, property owners are only responsible for damages to people who are legally on their property. However, there are some exceptions.
- Invitees: These are visitors who are on the property with the owner’s permission and for a purpose that benefits the owner. This includes customers in a store, delivery people, or repair workers. Property owners have the highest duty of care to invitees.
- Licensees: These are visitors who are on the property with the owner’s permission, but not for the owner’s benefit. This could be social guests, a child playing in a friend’s yard with permission, or someone using a shortcut across private property. Property owners owe less duty of care to licensees but must still warn of any known hidden dangers.
- Trespassers: These are visitors who are on the property without permission. This includes people who sneak onto private property or enter restricted areas. Property owners owe the lowest level of care to trespassers, but still must avoid intentionally causing harm to them.
Who is Responsible for Dangerous Property?
The person or company who is responsible for maintaining a property is liable for damages caused by the negligence of failing to maintain the property. That typically includes a property owner, manager, or maintainer.
It’s important to work with a premises liability attorney to determine all parties who may be at fault. If you fail to name all parties in a premises liability lawsuit, you may not be able to recover full and fair compensation.
Proving Liability in a Premises Liability Case
In a premises liability case, the burden of proof lies with the injured person (plaintiff) to establish that the property owner or occupier (defendant) was negligent, and that negligence caused their injuries. You must prove the following elements:
- Duty of Care: You must demonstrate that the property owner owed you a duty of care based on your classification as an invitee, licensee, or trespasser.
Breach of Duty: You need to show that the property owner failed to uphold their duty of care.
- Causation: You must establish that the property owner’s breach of duty directly caused your injuries. This means proving the dangerous condition was the reason for your accident.
- Damages: You need to prove that you suffered damages as a result of the accident. This can include medical bills, lost wages, pain and suffering, and other related expenses.
How Long Do I Have to File a Premises Liability Lawsuit?
The deadline, or “statute of limitations,” for filing a premises liability lawsuit is two years from the date that you were injured. There are some exceptions to this rule of law, especially if the victim is a child or the defendant is a government agency. That’s why it’s important to consult the Lancaster premises liability attorneys at Atlee Hall. If you miss the deadline, you won’t be able to get compensation – no matter how strong your case is.
