If you become injured on private property in the greater Philadelphia area because a property owner was negligent, seek treatment for your injury immediately, and then contact a Philadelphia premises liability lawyer.
Pennsylvania law governing the liability of property owners for injuries occurring on their premises extends well beyond the common slip-and-fall injury scenario. Legally, a property owner has a duty of care to maintain reasonably safe premises for legal visitors.
When an owner’s negligence breaches this duty and results in an injury, the owner may be held liable for the damages.
When Are Property Owners Legally Negligent?
The core legal principle underlying premises liability claims in Pennsylvania is negligence. To successfully sue a property owner, the injured party must prove that:
- The owner was legally obligated to provide a duty of care to the injured party.
- The owner breached this legal duty by failing to act with reasonable care and diligence.
- The breach was the direct cause of the injury.
- The injured party suffered quantifiable losses (medical bills, lost wages, etc.).
These are general principles of premises liability, and property owner negligence can take many other forms depending on the circumstances. If you were injured on someone else’s property, contact Messa Law to discuss your situation.
What is the Duty of Care?
In Pennsylvania, the duty of care owed by a property owner largely depends on the visitor’s status at the time of the injury:
- Invitees (highest duty): These are business visitors (such as customers) and public invitees (such as churchgoers). The duty of care includes actively inspecting the premises, identifying any hidden dangers, and either rectifying them or warning invitees.
- Licensees (mid-level duty): These are social guests or people entering legally for their own reasons. Owners must warn licensees of hazards they are aware of that are likely to be undiscovered by a licensee. Owners are not generally required to inspect the property.
- Trespassers (lowest duty): Generally, an owner owes a trespasser no duty of care, except to avoid intentionally inflicting injury. A higher duty may be owed to child trespassers when a property is deemed an “attractive nuisance.”
When an injury occurs on private property, the victim’s Philadelphia premises liability attorney must establish the victim’s status on the premises.
The duty of care may vary widely depending on the facts of each case, and these are only general categories. If you were injured on private or commercial property, contact Messa Law to learn whether you may have a claim.
Liability for Debris and Falling Objects
To hold a property owner liable for a falling object injury, a Philadelphia premises liability lawyer must prove the hazard was caused by the owner’s breach of the duty of care, which generally means proving the owner had either constructive or actual notice of the condition:
- Actual notice: The property owner or manager was aware, for example, of a falling object hazard (such as a manager receiving a complaint about a wobbly shelf or noticing a loose light fixture).
- Constructive notice: The owner should have been aware of the hazardous condition by maintaining or inspecting the property. If the hazard existed for an unreasonable length of time, the owner may be deemed to have had constructive notice of it.
Falling object injuries can occur in many other situations beyond those listed here. If you were hurt by unsafe conditions on a property, contact Messa Law to explore your legal options.
What Are the Most Common Falling Object Scenarios?
- Commercial properties: A common scenario involves items falling from shelving or unstable displays. If store employees poorly stock a shelf or the shelving isn’t properly maintained or secured, and this causes an injury, the owner may be liable.
- Structural defects in buildings and garages: Injuries caused by parts of a building collapsing, such as ceilings, balconies, facades, or light fixtures, often result in liability. Failing to repair known defects would constitute a breach of the duty of care.
- Construction sites: If debris or tools fall from an active construction site and injure someone, the owner or general contractor may be liable if safety protocols were not in place, constituting a failure to exercise reasonable care.
Falling objects and structural hazards can arise in many other situations not listed above. If you were injured on someone else’s property because of an unsafe condition, contact Messa Law to discuss your legal options.
Liability for Negligent or Inadequate Security
Negligent security claims arise when a property owner’s failure to provide adequate security results in an injury caused by a foreseeable criminal act committed by a third party.
Liability is not automatic simply because a crime occurred on the property. Instead, the central question is foreseeability. Foreseeability may be established by:
- Previous incidents: A history of similar crimes happening on the premises or in the immediate vicinity is often the strongest evidence of foreseeability.
- High-crime area: If the property is located in an area with a documented high rate of violent crimes, the property owner may have a heightened duty to provide security.
- Nature of the business: The nature of certain businesses (such as bars and 24-hour ATMs) inherently invites a higher risk of criminal activity, imposing a greater duty of care.
Inadequate security claims can arise in many other circumstances beyond those described above. If you were injured due to a property owner’s failure to provide reasonable security, contact Messa Law to discuss your rights.
Breach of Duty and Inadequate Security
Once foreseeability is established, a victim’s Philadelphia premises liability attorney must prove the property owner failed to take preventative steps. Examples of inadequate security measures that may constitute a breach of the duty of care include:
- poorly lit parking lots and stairwells
- broken or missing surveillance cameras, alarms, or locks
- not hiring security guards or improperly training existing personnel
- ignoring warnings about a threat or known danger
Negligent security claims can also involve many other dangerous property conditions and security failures. If you were assaulted or injured because a property owner failed to provide adequate safety measures, contact Messa Law for a free consultation.
Shared Fault and the Statute of Limitations
In Pennsylvania, the doctrine of modified comparative negligence applies to premises liability cases and the recovery of compensation.
If the injured party is 50% or less at fault for the injuries, compensation is reduced by that percentage of fault. If the injured party is 51% or more at fault, Pennsylvania law prevents that party from recovering compensation.
Pennsylvania’s statute of limitations for premises liability claims is two years, but premises liability lawyers need to see evidence that’s fresh and speak to witnesses before memories fade. If you’re injured on private property in or near Philadelphia, promptly contact Messa Law.
These rules apply broadly to premises liability cases, but every situation is unique. If you were injured on someone else’s property, contact Messa Law promptly to protect your claim.
Bring Your Premises Liability Claim to Messa Law
Messa Law has secured substantial recoveries, including multi-million-dollar recoveries, for hundreds of our clients. You’ll owe us no attorney’s fee upfront and nothing unless and until we recover your compensation.
We are licensed to practice in Pennsylvania, Virginia, New Jersey, Delaware, Georgia, Florida, and New York. If someone else’s negligence injures you, schedule a free legal consultation and call Messa Law promptly at Call Now. Hablamos Español.
