When you enter onto another person’s public or private property, you expect that it will be safe for visitors. Unfortunately, not all property owners and occupiers keep their premises free of hazards that can harm others, and when an incident occurs, the resulting injuries can be catastrophic for guests. Premises liability law protects the rights of injury victims when they are harmed by the negligent, reckless, or willful acts of a property owner and provides a path to compensation for those harmed by dangerous conditions. To learn more about your rights after being harmed on another person’s property, call or or text Robert Disney at 412-999-5765 or contact us at Disney Law today to schedule a free consultation of your case.
Premises liability law refers to the legal duty of property owners and occupiers to maintain their premises in a relatively safe condition for different types of guests. Premises liability applies to both public and private property, including single family homes, apartment complexes, mobile home parks, restaurants, bars, shopping centers, parking lots, movie theaters, grocery stores, retail shops, and many other places frequented by visitors and customers of the property owner or occupier. In Pennsylvania, guests who suffer personal injury because of a hazardous condition on another person’s property have the right in certain circumstances to seek compensation for their injuries, and the level of care required of a premises owner or occupier is determined by the type of visitor to the property.
There are many causes of injuries that are incurred on someone else’s property, but certain circumstances cause more harm in the Pittsburgh area. Some of the most common causes of premises liability claims include the following:
If you or someone you know has been injured while visiting someone’s home or place of business, it is critical that you speak with an experienced premises liability attorney as soon as possible. In Pennsylvania, the law only allows the victim of a premises liability accident two years to file a claim from the date of the incident. Known as the statute of limitations, failure to file a claim in that time period can bar any attempts at compensation for your injuries.
An owner of property has the duty to ensure visitors are safe from accidents as well as the intentional conduct of others, when possible. This means that if the owner is aware of dangers posed by frequent criminal activity in the area, then that owner has a duty to put in place adequate security measures to keep visitors safe. This can look like ample lighting in parking lots, or hiring security personnel to monitor the premises during times when criminal activity is more likely to occur. When an owner fails to put security measures in place, but has cause to do so, this can be considered negligence. Any visitor to that property who is injured by the intentional conduct of another may have the ability to sue for damages in a premises liability case.
When it comes to premises liability cases, the level of care that a premises owner or occupier must provide is dictated by the type of guest on their property. Pennsylvania splits visitors into three separate categories — invitees, licensees, and trespassers. Each category of guest has its own corresponding duty of care.
Victims of personal injury in premises liability cases are entitled to compensation for their economic and noneconomic damages caused by the accident. Economic damages refer to all out-of-pocket expenses such as medical bills, lost wages, property damage, and the loss of future income and benefits. Noneconomic damages compensate a premises liability victim for their pain and suffering, emotional distress, loss of enjoyment of life, disability, and any disfigurement. However, like other personal injury cases in Pennsylvania, premises liability claims are subject to the state’s modified comparative negligence rule.
Under the modified comparative negligence rule, the court determines the degree of fault for every party involved in a case and reduces the overall compensation by that percentage. However, if someone is found more than 50% at fault for the accident, they are barred from collecting any compensation. For example, if a guest at a party slipped and fell, incurring $10,000 in damages, and was found 10% at fault the total award would be reduced to $9,000. In the same example, if the guest was found 60% at fault they would collect nothing for their claim. This is why it is important to have an experienced personal injury attorney represent your interests in a premises liability case.
If you or a loved one is injured while visiting the property of another person, you are entitled to receive compensation for any harm caused by an accident. To learn more about your legal options, call or text Robert Disney at 412-999-5765 or contact us at Disney Law today to schedule a free consultation of your case.
In Pennsylvania, property owners and occupiers have a duty to keep their premises safe for visitors, and this includes incorporating safety measures to prevent intentional harm from befalling their guests.
When a police officer pulls over a person for suspicion of driving under the influence, one way they may try to determine if a driver is intoxicated is by requesting that the driver perform a set of field sobriety tests. Field sobriety tests require a person to complete a set of physical tasks while the police look for subjective signs that may indicate intoxication.
Ridesharing has become one of the more popular options for transportation in the Pittsburgh area and throughout Pennsylvania. While a convenient option for passengers, studies have shown that rideshare vehicles have increased the number of accidents, injuries, and even deaths on the road for drivers, passengers, bicyclists, pedestrians, and those in other vehicles.
Pennsylvania prosecutors take drug crimes seriously, especially in the Pittsburgh area. Many different activities fall under the umbrella of drug crimes, from misdemeanor simple possession to felony intent to distribute offenses. Conviction for drug crimes comes with serious penalties that can affect the rest of a person’s life, and the experienced drug crimes defense attorneys at Disney Law understand the necessity of having a knowledgeable lawyer in your corner. If you or a loved one has been arrested and charged with a drug offense in the Pittsburgh area, call or text Robert Disney at 412-999-5765 today to schedule a consultation of your case and to learn more about your legal options.