Premises Liability Attorneys in Wilkes-Barre
We Hold Negligent Parties Accountable
If you were injured while visiting a person’s house or while patronizing a business, you may be confused about what you can do. Premises liability cases can be complex. Unlike in car accident cases, there may not be an insurance company that you can turn to in order to recover compensation. It may also seem like the property owner does not have a legal responsibility to keep you safe, such as in cases of medical malpractice. However, this is not true. Property owners do have a legal responsibility to create a safe environment for any person who visits their home or business. When a person fails to meet this responsibility and contributes to another person’s injury, they can be held liable for damages.
The Wilkes-Barre premises liability lawyers of Fellerman & Ciarimboli Law PC can represent you if you have been injured because of a property owner’s negligence. We are here to advise you on your rights, and will fight to protect those rights. Contact us to learn more about how we can help you get the care you need following an injury.
What is Premises Liability?
Premises liability is an area of the law in which property owners are held accountable for causing injury to a person due to negligent management of their residence or business. People who own property have a legal responsibility to protect their visitors from injury by creating safe conditions or warning their visitors of any unsafe conditions that are present on the property. When a person is injured while visiting another person’s property, they may have a legal claim to recover compensation for their losses.
Types of Premises Liability Accidents
Premises liability cases can include a variety of different types of accidents. Any injury that occurs because of a property owner’s negligence could be the subject of premises liability litigation.
Some types of premises liability accidents include:
Slip and fall accidents
Swimming pool accidents
Injuries caused by falling objects
Attractive Nuisance in Premises Liability Cases
A common aspect of premises liability law is the exclusion of injuries that occur while trespassing. If a person is injured while trespassing on another person’s property, they are not protected under premises liability laws. However, the rules change if the “trespasser” is a child.
Young children are not considered as true trespassers because they do not have the same concept of trespassing as adults.
A child may wander onto another person’s property to swim in a pool, climb a tree, or explore the area. Things that may entice a child to enter a property are called “attractive nuisances.” Property owners have a responsibility to identify things that could be an attractive nuisance and cause harm to children, in order to prevent injury. When a child is injured, their parent or guardian can file a premises liability claim to recover compensation on their behalf.
Why a Property Owner May Be Liable for Your Injuries
Property owners are liable for a visitor’s injuries when they contribute to the conditions that caused harm to the victim. Generally, this happens through negligent property management.
For a property owner to be considered liable for a person’s injuries, the following conditions must be met:
The property owner must have a responsibility to keep visitors safe.
A hazard that endangered the safety of visitors must have been present on the property.
The property owner must have been aware of the hazard at their home or business.
The property owner must have failed to address the hazard, resulting in the injury of a visitor.
Call for a Free Consultation
Do you have additional questions about premises liability law, or need guidance on your case? Contact us today. We are available to discuss your injuries and how we can help you recover the compensation you deserve.