If you’ve been injured on someone else’s property in Newtown, you may have questions about who’s responsible for your accident. According to Pennsylvania premises liability law, a property owner may be liable for injuries if a known hazard existed, and the property owner failed to take actions to correct the hazard. Our premises liability attorneys in Newtown can help you hold a property owner liable for damages – give us a call at 215-642-2335.
Types of Accidents Covered by Premises Liability Law
As mentioned above, premises liability law holds the owner of a property liable for injuries that occur on the owner’s property if the owner knew of the existence of a hazard, or should have known, and failed to correct it. As such, premises liability law encompasses a wide range of accidents, including all of those listed below.
- Slip and fall accidents
- Drowning and near drowning
- Elevator and escalator accidents
- Falling debris
- Fires and explosions
- Amusement park accidents
Commercial properties, residential properties, and all other private or public property may be subjected to premises liability law. In some cases, government institutions may be liable as well.
Duty of a Property Owner
All property owners have a duty to maintain the property to a standard that is reasonably free from harm or hazards for those who may enter it. As such, a property owner is responsible for doing things such as correcting uneven surfaces, providing a handrail where necessary, etc. If a property owner is aware of a hazard such as an unfenced pool but fails to put up a fence and a child then drowns in the pool, then the property owner may be liable for the death.
Entering the Property Lawfully
Premises liability law in Pennsylvania generally only protects those injured on a property they entered legally. Trespassers have very few protections. If a person trespasses in Pennsylvania and is harmed by something on the property, the property owner is usually only held liable if he or she exercised willful, wanton or reckless intentional conduct.
For example, if the property owner saw a trespasser on his or her property and created a hazard to injure the trespasser, the property owner may be liable for willfully causing the trespasser harm. Or if a property owner puts up an electric fence but does not put up a warning that the fence has an electric current, then the property owner may be liable if a trespasser is injured by it.
Otherwise, though, the property owner typically is protected from liability if a trespasser is injured. An exception to this is when the trespasser is a child. A property owner may be liable for injuries caused to a child trespasser, despite the fact that he or she would not be liable for the same injuries caused to an adult trespasser. This is because of the attractive nuisance doctrine and the idea that children are not capable of protecting themselves from danger.
Our Premises Liability Lawyers in Newtown Can Help You Recover Damages
If you sustained injuries on another person’s property and you can prove that the injuries were sustained as a result of the property owner negligence, then you may be able to recover damages for injuries. This means proving the property owner caused the hazard, knew of the hazard or should have known of the hazard, yet failed to correct it. It also means proving the hazard caused your injuries and then demonstrating your damages.
The amount and type of damages you recover is dependent upon your circumstances, but things such as medical expenses, lost wages, and pain and suffering are usually recoverable. Our premises liability attorneys in Newtown can help you recover compensation to which you're entitled by presenting the right evidence in a lawsuit or claim.