Law Offices of Kennedy and Brown

What Are The Duties And Responsibilities Of A Property Owner?

The duties of a property owner depend on whether you’re talking about a business or commercial establishment or an individual property owner. In the situation of a business establishment, the law says that you owe your patrons the highest degree of care under the law. This means you have to have your business premises safe and in reasonable condition for anyone who enters that property. On the other hand, if it’s just an ordinary property owner, they only have to use reasonable care in keeping their property safe. When you have notice of a defective condition and you let it sit there for too long, that’s when you expose yourself to liability.

What Should I Do If I Have Been Injured In A Premises Liability Situation?

The first thing anyone should do if they’re injured on someone else’s premises is seek medical attention as soon as possible. Then, make sure you’re aware of what it was that caused you to be injured. Once you’re aware of that, it would be good to take a picture of what it was that caused you to be injured. Once that’s determined and you feel that you have a potential case, you should then contact an attorney.

How Long Do I Have To File A Premises Liability Claim?

You have to distinguish between a claim and a lawsuit. A claim is made once you place the property owner on notice that you were injured and that you feel that the injury was caused by the negligence of that property owner. At that point, they would turn that over to their insurance company and the claim would be established. A lawsuit, in Pennsylvania, you must file within two years from the date of the incident or you will be forever barred.

How Long Will My Premises Liability Case Take To Be Resolved?

Any type of negligence action depends on exactly what your injury is, how long that injury is being treated, and what your damages are. You never want to resolve an injury claim until you feel that you’ve made a full recovery. If you get into a formal lawsuit, once you file the lawsuit, the property owner will turn it over their insurance company. It could take several years after a lawsuit is filed for a case to be resolved. Oftentimes, it’s good to get your case settled before you file a lawsuit and before you get insurance company lawyers involved.

Why Should I Hire An Attorney Who Is Experienced In Handling Premises Liability Cases?

Injured people oftentimes talk themselves out of a valid claim or a lawsuit by making statements to the other person’s insurance company. An attorney who is involved from the start would go out and get an investigator to do an investigation of the scene, take statements, take photographs, and set the case up on a liability basis while the injuries are still developing. Hiring an attorney gets you ahead.

Additional Information On Premises Liability Cases In Pennsylvania

The most common misconception about a premises liability case is that just because someone gets injured on somebody else’s property, they’re going to recover. Oftentimes, you have to get past a contributory negligence or assumption of risk defense in order to proceed. That is the importance of getting an attorney as soon as you can after you’re injured.

For more information on Duties & Responsibilities Of Property Owner, a free initial consultation is your next best step. Get the information and legal answers you are seeking by calling (570) 288-8812 today.

John H. Kennedy, ESQ.

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(570) 288-8812

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