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Reading Premises Liability Lawyer

When you enter someone else’s property on their invitation, either as a customer or guest, you expect and assume that you will be safe from harm. Accordingly, property owners and managers have a legal duty to ensure that their premises are secure for those individuals who are lawfully on the property. When these property owners fail to live up this responsibility, a personal injury lawyer might be able to help you seek damages for your losses.

In Pennsylvania, if you sustain injuries while on property belonging to others, whether public or private, you might be entitled to financial benefits for your injuries. Landowners may be responsible for any dangerous conditions on their property that could result in preventable injuries to others, so if you are injured due to a hazard on the some else’s property, you may wish to consult a Reading premises liability lawyer for advice.

Sources of Property Liability Accidents

If hazards exist on a property, the property owner may be liable for the costs of any injuries that occur to legal visitors. To maintain a premises liability claim, injured victims must be able to prove that the property owner knew or reasonably should have known about the danger and taken steps to remedy it. If the owner did not maintain the property so it was safe for guests, or if they otherwise failed to warn or notify guests of the potential danger, they might be financially responsible for any injuries that occur to others.

A premises liability claim generally requires evidence of four main elements of negligence:

  • The property owner had a duty of care to the injured party
  • The property owner knew or should have known about the hazard
  • The property owner neither fixed nor warned guests of the risk
  • The danger resulted in a severe, direct, and predictable injury

Some situations that might merit a premises liability claim include amusement park accidents, swimming accidents, trips and falls, dog attacks, and sexual or physical assaults on private premises. For instance, failure by a store owner to ensure that floors are clear from slipping hazards such as ice, snow, water, and spills can lead to premises liability. A Reading attorney with experience in premises liability cases could evaluate the sources of a potential plaintiff’s injuries to determine who the negligent party is and what the best course of legal action might be.

Strict Liability and Comparative Negligence in Premises Liability Claims

While most premises liability claims are based on negligence, some premises liability claims stem from strict liability. In a strict liability claim, injured victims make the argument that an inherently or abnormally dangerous situation led to the accident that caused their injuries. To base a claim on strict liability, injured victims do not have to establish that the property owner breached any duty of care.

Comparative negligence also may impact premises liability claims. If the injured party is 50 percent or less responsible for their injuries, their recoverable damages would be proportionately reduced by their percentage of fault. However, as a property liability lawyer in Reading may attest, if evidence indicates that the injured persons were more than 50 percent responsible for the accident that led to their injuries, they may be unable to pursue any claim.

A Reading Premises Liability Attorney May Be Able to Help

Premises liability claims can be complicated, especially if there is evidence that you contributed in some way to your injuries. A lawsuit might become more complicated if property owners owed no duty of care to the injured party, such as if they were trespassers. Strict deadlines also apply to premises liability cases, which can make getting legal advice promptly critical.

A Reading premises liability lawyer may be able to examine your circumstances and determine the most effective means of pursuing a claim for damages resulting from your injuries. Call today to schedule a consultation for your case.

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