All property owners who reside in the State of Pennsylvania must maintain their land in good condition. This mandate exists to protect the members of the public who use real property. Philadelphia is a large city which attracts people from all over the world. It is therefore necessary to ensure that the law protects users of both public and private property.
These laws are also intended to reduce the likelihood that patrons will suffer serious bodily injury or death while on someone else’s property. It is imperative that you understand the legal differences between licensees, invitees, and trespassers when you examine premises liability law in Philadelphia.
Common Examples of Incidents Resulting in Civil Lawsuits
Premises liability claims are complex, and typically only lawyers experienced in premises liability law take on these types of cases. The following are common incidents which lead to premises liability lawsuits:
- Dog bites
- Hazardous chemical exposure
- Crowded walkways
- Amusement park accidents
- Worn flooring
- Escalator accidents
- Slip and fall accidents
- Faulty staircases
Premises liability claims may arise under many different circumstances. Governmental entities, private corporations, and leading companies may be named as defendants in premises liability cases. It is therefore necessary to examine the facts of your case and determine which parties may be liable for your injuries.
Establishing Premises Liability Claims in Philadelphia, Pennsylvania
The four elements of negligence are duty, breach, causation, and damages. An injured victim must prove each of these elements by a preponderance of the evidence. This standard essentially means at least 51% or greater. You must prove all four elements to satisfy a negligence claim and obtain financial compensation for your injuries.
The evidence used to establish negligence claims includes surveillance footage, photographs, medical records, and other documentary evidence. The more evidence you can use to prove your legal claims, the more likely it is that you will settle the case or be successful at trial.
It is also important to understand that all landowners must adhere to legal standards set by the state legislature. These standards require owners and occupiers of land to ensure their properties are free from artificially dangerous conditions. Depending on whether an individual is a licensee, an invitee, or a trespasser, an owner or occupier of land must warn individuals about natural dangerous conditions on the land.
The Types of Damages You May Claim In a Premises Liability Case
Injured victims may claim general damages and special damages in their premises liability case. It is also possible for accident victims to claim punitive damages as part of their premises liability case. Calculating the total damages amount in your premises liability is important because you need an estimate for the total losses you experienced as a result of the incident.
Punitive damages are designed to punish the defendant for committing egregious conduct which is wanton, willful, or malicious. Also, punitive damages were designed to punish the defendant and to deter the defendant from committing the same conduct in the future. It is necessary to speak to a knowledgeable premises liability attorney in Philadelphia if you want to seek monetary compensation for your injuries.