Most people enter others’ properties on a daily basis. Indeed, the average person may visit their place of employment, take a walk through Cedar Beach or Trexler Memorial Park, head to the grocery store, and perhaps even visit their neighbor in the evening. In fact, spending time on others’ properties is so common that rarely does one think of the risks involved.
Unfortunately, serious accidents occur all of the time and when they do, the property owner is sometimes responsible. If you have been harmed on the property of another party, you may have a case. Call our Allentown premises liability attorneys to learn more.
What Is Premises Liability?
Premises liability is a legal theory that holds a property owner responsible for damages that are incurred by someone who is injured on their property as a result of the property owner’s negligence. In order for a property owner to be held liable, they must have breached their duty of care, and this breach of duty must have been the direct cause of the victim’s injuries.
What Is a Property Owner’s Duty of Care?
Property owners have a duty to maintain their properties in a reasonably safe condition. Further, they have a duty to:
- Remedy known hazards; and
- Ensure that remedy is taken within a reasonable amount of time.
If a hazard cannot be immediately remedied, property owners have a duty to warn those who enter the property of the hazard. For example, if an elevator in a business is out of order, the business should cordon off the area with a rope and sign that explains the problem and warns people from using the elevator.
To Whom Is a Duty of Care Owed?
Property owners owe the above duty of care to most people who enter the property, regardless of whether the property involved is a private property, a commercial business, or a public land, such as a park. In fact, the duty is owed to all people who are invitees or licensees; the duty owed to trespassers, on the other hand, is much lower. A property owner owes no duty of care to a trespasser in most jurisdictions other to refrain from causing willful or wanton harm.
Filing a Claim Against a Property Owner in Allentown
If you have been harmed on another’s property and you believe that your injury would not have occurred but for the property owner’s failure to remedy a known hazard on their property, you have the right to file a claim against the property owner’s insurer (claims such as this are typically paid by a liability insurance/homeowners’ insurance policy). Our lawyers can help you to prove that the property owner breached the duty of care owed to you, and that this breach was the direct cause of your injuries. We can also aid you in proving the degree of harm you suffered and seeking damages for the full extent of your economic and noneconomic losses.
Schedule Your Free Consultation Today
Don’t wait to take action if you are injured.
To schedule a free consultation with our Allentown premises liability attorneys, call our law office today or send us a message. We work on a contingency fee basis.