Law Offices of Kennedy and Brown

What Actually Is A Premises Liability Claim?


Premises liability claims are personal injury claims where someone gets hurt on someone else’s property. This can be a business location, a commercial location, or even an individual’s private property.

What Types Of Accident Or Injury Might A Premises Liability Include?

When we talk about premises liability accidents or injuries, the majority of those are fall cases, whether they be slip and fall or trip and fall. On occasion, it also includes incidents where something on a premises falls and injures someone.

What Is Causation In A Premises Liability Case?

If the injured party is claiming that negligence caused them to be injured, then causation means that the burden is on the injured party to prove that the cause of their specific injuries was a defective condition or something negligent that occurred on that premises.

Is Comparative Or Contributory Negligence Ever Applicable In A Premises Liability Case?

When it comes to premises liability, oftentimes comparative negligence is a major factor. In Pennsylvania, as long as the injured party is not more than 50 percent at fault, they’re still going to be allowed to recover. However, they’re only allowed to recover an amount that is reduced by the percentage of their own contribution to their injury.

Are Punitive Damages Ever Recoverable In A Premises Liability Case?

Punitive damages are recovered in premises liability cases only in very rare instances. There must be something that’s beyond ordinary negligence to bring upon punitive damages. A good example of that would be if there was a big hole in someone’s property and a person fell into it and got injured. Two weeks later, another person fell in the same hole, even though the owner was instructed to repair that defect. In situations like that, where the owners has notice of a defective condition and nothing is done, then it could bring up the possibility of punitive damages to punish the wrongdoer.

How Do I Know If I Have A Viable Premises Liability Claim That Should Be Pursued?

When someone gets injured on someone else’s premises, whether it be a business or a private individual’s property, one should always contact an attorney before speaking to that business or the other person’s liability insurance carrier. There’s often a strong degree of comparative negligence of the injured party and if you do not contact an attorney and try to resolve things on your own, you will give statements to the insurance company for the premises owner that could be talking yourself out of a valid claim.

What Are The Most Common Misconceptions That People Have About Premises Liability Claims?

The most common misconception is that if someone gets injured on someone else’s property, the owner of the property is automatically going to be responsible for their injury. That’s incorrect. You must prove there was a defective condition and that the defective condition caused the injury. You also have to prove that you were not negligent yourself. Just because someone falls and gets hurt on someone else’s property does not mean that there’s going to be a recovery.

For more information on Premises Liability Claims In Pennsylvania, a free initial consultation is your next best step. Get the information and legal answers you are seeking by calling (570) 203-1333 today.

John H. Kennedy, ESQ.

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(570) 203-1333

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