Premises Liability Lawyers In Bucks County, PA
What To Expect When Filing A Premises Liability Lawsuit
The first step in filing a lawsuit is to discuss the situation with a lawyer and find out if you have a valid case. Be aware that Pennsylvania allows residents to make premises liability claims no more than two years after they suffer injuries. A qualified attorney can precisely determine if the property owner is legally required to reimburse you. Trespassers usually don’t qualify for compensation, but there are some exceptions for children.
On the other hand, you might have a valid premises liability claim if you were a guest, service provider or customer. The property owner is required by law to address dangerous conditions or at least clearly warn visitors about them. If you’re eligible for compensation, the premises liability lawyer can file your claim and start negotiations. Attorneys normally begin by trying to obtain settlements rather than going directly to the courtroom.
How Does The Legal Process Work In A Premises Liability Case?
If the property owner or liability insurance company offers a suitable settlement, it saves time and reduces legal costs. However, this isn’t always possible. When the outcome is determined by a Bucks County court, it will be based on comparative negligence. This means that compensation amounts are partially determined by evaluating each party’s level of negligence. For instance, the payment might be decreased if you were looking at a smartphone when you tripped on a misplaced object.
The time it takes to gain compensation will vary depending on several aspects of your case, including its strength and complexity. You could receive a settlement within a few weeks, but it might take up to a year or longer to resolve your claim. Some defendants try to benefit from delaying tactics, and jury trials are more time-consuming than settlements. Both parties also have the option to appeal a ruling within one month.
At the same time, a quick settlement isn’t always the best solution for a premises liability accident victim. You may want to undergo further medical treatment before accepting a settlement offer. Otherwise, you won’t be compensated for the cost of treatments that you receive afterward. An experienced lawyer at Bochetto & Lentz can help you identify the best way to handle this situation.
What Kind Of Evidence Do I Need To Provide For My Premises Liability Case?
- Documentation of the injury, such as medical records and photos of your injuries.
- Evidence showing the hazardous condition on the property, like photos or videos of the dangerous area.
- Witness statements from people who saw the accident or the unsafe condition.
- Any communication with the property owner or manager about the hazard before or after the incident.
Responsibilities Of Property Owners Under Pennsylvania Law
In Bucks County, property owners must routinely inspect areas open to visitors and quickly address any hazards. It’s also essential to provide warnings about dangers that have yet to be eliminated. For instance, a store or restaurant could put up a sign to warn visitors of a slippery surface. “No trespassing” signs can help protect homeowners from premises liability.
In some cases, an owner’s legal responsibility hinges upon not acting negligently. Property owners generally won’t be found negligent if they don’t have enough time to identify hazards and warn visitors about them before accidents occur.
A personal injury lawyer in Burlington or Bucks County could help you accurately determine if a property owner has acted negligently. However, some premises liability claims involve strict liability. This legal concept allows the accident victim to gain compensation without proving a property owner behaved negligently. If the owner is engaging in an activity that is particularly dangerous, strict liability may apply. One example is using a controlled fire to demolish an unwanted building. Strict liability also applies to dog bites in most situations.
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Consequently, it’s not enough to put up a warning sign about a controlled fire or vicious dogs. The property owner needs to actively prevent them from harming people. To avoid negligence-related claims, owners must adequately maintain walking surfaces, railings and lights. The same goes for equipment that could inflict serious injuries if it fails, such as a natural gas line.
One example of these responsibilities is elevator maintenance. Pennsylvania’s state government requires regular inspections of this equipment to be performed by certified inspectors. To prevent premises liability claims, the property owner must swiftly address any safety hazards. However, the owner isn’t always legally responsible for an injury. An elevator installer, manufacturer or repair contractor could be liable if they acted negligently.
It’s also important to know that property owners have a duty to provide basic security. Even if a criminal is directly responsible for a visitor’s injury, the owner could be held liable for failing to repair broken lights, locks or windows. This is particularly true in locations where crimes have previously taken place. For instance, a crime victim could take legal action against a restaurant with an unusually dark parking lot.
Get In Touch
If you’re looking for a highly skilled premises liability lawyer in Montgomery County or Bucks County, turn to the legal experts at Bochetto & Lentz. We handle a wide range of personal injury cases and have the experience needed to maximize compensation while expediting the claim process. To get started with a comprehensive case evaluation, please contact us today!
Disclaimer: The information provided in this content is for general informational purposes only and does not constitute legal advice. Reading this content does not create an attorney-client relationship. For advice specific to your situation, please contact our office directly to speak with an attorney.