Slips, Falls, and Other Premises Liability Claims
The timely, cost-effective resolution of injury claims often calls for an attorney who is experienced in handling personal injury matters and dedicated to providing personal service. Contact our firm today to schedule a consultation and case evaluation with an experienced personal injury attorney.
Learn More about Personal Injuries and the Law
The experienced lawyers of Julian Law Firm represent clients in Washington, Pennsylvania and surrounding communities who have been injured in car accidents and other personal injury cases. For more information about how we can help you get the medical care and compensation you need and deserve, please visit our personal injury page.
Below, you can find more information about personal injuries and the law. For more specific answers about the circumstances of your injury, please contact us for a free consultation.
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Julian Law Firm attorneys vigorously represent clients in Washington, Pennsylvania who have been injured in premises liability cases, motor vehicle accidents, medical malpractice and matters involving product liability. Since 1971, we have been dedicated to providing our clients personal service and helping them attain favorable resolutions of their legal problems.
Have you been injured in a car accident or other motor vehicle accident in the Washington, Pennsylvania area? Have you been injured by a defective product, or in a slip and fall (premises liability case) or medical malpractice? Call the Julian Law Firm at 724-705-0489 or toll-free at 888-586-5217 for a free, confidential consultation on your personal injury. You can also contact us online.
Slips, Falls and Other Premises Liability Claims
Premises liability law involves the legal responsibilities of property owners and occupiers to prevent injuries to persons on their property. One of the most common causes of such injuries is a trip or slip and fall, such as on an icy sidewalk, a loose or uneven stair tread, or a piece of debris or spilled liquid on the floor. Property owner liability varies depending on the rules and principles adopted in the jurisdiction where the injury occurred. An experienced personal injury lawyer at Julian Law Firm in Washington, Pennsylvania, can evaluate the strength of your premises liability claim and help you recover damages for lost wages, medical bills, and pain and suffering.
Premises liability: general principles
Some states' premises liability laws focus on the status of the visitor to the property. In such states, the injured person is generally defined as either an invitee, a licensee or a trespasser.
In states where consideration is given to the condition of the property and the activities of the owner and visitor, a uniform standard of care is applied to both invitees and licensees. This uniform standard requires the exercise of reasonable care for the safety of visitors other than trespassers. To satisfy the reasonableness standard owed to invitees and licensees, an owner has a continuing duty to inspect the property to identify dangerous conditions and either repair them or post warnings as appropriate.
Proving owners' liability in premises liability cases
In proving a premises liability case, an injured person must show that the standard of reasonableness required by an owner has not been met. Perhaps the most difficult element an injured person must prove is the owner's knowledge of the condition causing his or her injury. The injured person must prove that the owner knew or should have known the condition in order for liability to attach, which is often quite difficult to establish.
Defenses to liability in premises liability cases
One of the commonly applied theories to limit an injured person's recovery is comparative or contributory fault. A visitor has a duty, in most cases, to exercise reasonable care for his or her own safety, and when that degree of care is not exercised, an injured person's recovery may be limited or reduced by an amount attributable to his or her own negligence.
In the cases where a person's injuries are the result of slipping on an icy sidewalk in front of a business or on a grape, lettuce leaf, banana peel or other food item that has fallen on a grocery store floor, the property owner may or may not be liable for the person's injuries. Although property owners have a duty to exercise reasonable care to maintain the premises in such a way to prevent injuries to lawful visitors, if a condition of the premises is noticed by a customer or other visitor or should be readily apparent, the property owner may avoid liability because the injured person has also a duty to protect himself or herself against the injury.
The property owner may also avoid liability by establishing that the debris had so recently fallen on the floor or that the ice had so recently accumulated that the responsible persons had no reasonable opportunity to correct the condition and avoid the hazard before the plaintiff fell. In other words, the plaintiff in a slip and fall case, whether it occurs in a grocery store or elsewhere, must show that the owner had a reasonable period of time in which to discover the dangerous condition and in which to remedy it. The determination of what constitutes a reasonable time will vary from case to case.
Contact a personal injury lawyer
Even common accidents such as slips and falls can present complex legal issues and complicated questions of both fact and law. Accordingly, if you have been injured in a premises-related accident, an experienced and knowledgeable personal injury attorney at Julian Law Firm in Washington, Pennsylvania, can advise you on your rights and work with you to pursue a favorable outcome.
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