Premises Liability
Whether they are people or companies, property owners have a legal obligation to keep their premises safe for certain visitors. Businesses open to the general public need to eliminate hazards and unsafe conditions for the safety of all visitors, and private property owners are expected to warn any invited guests of any potential dangers.
When property owners fail to maintain safe premises, people may sustain extremely serious injuries. In these cases, the property owners can be held liable for the damages that results from such injuries.
West Chester Lawyer for Accident Caused by Dangerous Conditions
Did you suffer injuries or was your loved one killed because of unsafe conditions on another party’s property? You should immediately seek the help of an experienced Pennsylvania premises liability attorney.
Ciccarelli Law Offices assists clients throughout Chester County with premises liability claims, including such communities as West Chester, Malvern, Philadelphia, King of Prussia, Lancaster, Kennett Square, Radnor, and Plymouth Square. We will put your needs first and keep you regularly updated throughout your case. Our firm will anser all of your questions and adress every one of your concerns.
We handle these cases on a contingency fee basis, so you never pay us anything unless we get you compensation. Our firm can provide a thorough evaluation of your case and discuss your legal options when you call (610) 719-3190 to schedule a free, no obligation consultation.
Overview of Pennsylvania Slip and Fall Accidents
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Elements of Chester County Premises Liability Claims
In order for a person to establish that a property owner was negligent, the four following conditions must be proven:
- Property Owner Had Duty — It must be shown that the property owner had a duty to keep the premises safe for the visitor.
- Property Owner Breached Duty — The property owner either failed to eliminate a dangerous condition or warn the visitor about the condition.
- Breach of Duty Caused Injury — The accident victim suffered some type of injury as a result of the property owner’s negligence.
- Injury Resulted in Damages — The injuries that the victim suffered were serious enough to result in economic and/or noneconomic damages.
The plaintiff (person filing the lawsuit) will fall into one of three categories of visitors in these types of claims:
- Trespasser — A person who enters or remains upon another party’s property without consent. Property owners usually have no duty of care to trespassers, but they cannot intentionally, willfully, or wantonly inflict injuries on trespassers. It is especially critical to understand that trespassers who are children, specifically, are owed a duty of care because they are not old enough to be presumed negligent.
- Licensee — A person who enters or remains upon another party’s property with permission. Property owners have a duty to warn licensees of known dangerous conditions, but licensees may not be able to sue for dangerous conditions that were not known by the property owners.
- Invitee — A person who is invited to enter or remain upon another party’s property for business purposes. Invitees are owed the highest duty of care. Property owners have duties to keep premises safe, warn invitees of hazardous condition, and rescue invitees who are in danger when visiting.
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Types of Accidents Caused by Dangerous Conditions in West Chester
There are many types of incidents that occur on another party’s property that result in premises liability claims. Examples include, but are not limited to:
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Pennsylvania Slip and Fall Injuries
People who are hurt on another party’s property may sustain injuries that vary in severity. Some of the types of injuries include, but are not limited to:
- Back Injuries
- Broken Bones
- Sprained Ligaments
- Muscle Strains
- Burn Injuries
- Fractured Skulls
- Traumatic Brain Injury (TBI)
- Neck Injuries
- Spinal Cord Injuries
- Death
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Compensation for Chester County Accidents Caused by Dangerous Conditions
Under Pennsylvania Code Title 42 § 7102(a), damages in a premises liability claim are subject to being reduced or prohibited, depending on the percentage of fault that is attributed to the plaintiff. State law prohibits plaintiffs from recovering damages if they are 51 percent or more at fault for their injuries.
If plaintiffs were 50 percent or less at fault, the damages are reduced by the amount of fault attributed to them. This means that a plaintiff whose damages total $10,000 but is found to be 50 percent at fault would ultimately receive $5,000.
The types of damages a plaintiff may be awards depend on the specific circumstances surrounding his or her injury. They generally fall into one of three categories:
- Economic Damages — Actual out-of-pocket monetary losses such as:
- Lost Wages
- Medical Bills
- Future Economic Losses
- Funeral Expenses
- Noneconomic Damages — Damages without specific monetary value such as:
- Pain and Suffering
- Emotional Distress
- Loss of Enjoyment of Life
- Punitive Damages — Damages that are intended to punish especially reckless property owners and discourage future wrongdoing. Unlike economic and noneconomic damages—which have no limits—punitive damages are capped by state law at 200 percent of the compensatory damages (economic and noneconomic damages).
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Pennsylvania Premises Liability Resources
Chester County Premise Information — This website provides the types of information about premises that may be entered in the Chester County Computer-Assisted Dispatch (CAD) system. There are also links to the CAD Update Form and PA Premise Alert Program.
313 West Market Street
West Chester, PA 19380
(610) 344-6000
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Find the Best Premises Liability Attorney in West Chester
If you sustained an injury or your loved one was killed because of a property owner's negligence, you should seek the help of Ciccarelli Law Offices. Our knowledgeable premises liability attorneys work as a team and provide legal services on a contingency basis so our clients pay absolutely nothing unless we obtain financial awards for them.
Our firm represents people all over the greater Chester County area as well as Philadelphia County, Montgomery County, Lancaster County, and Delaware County. Let us review your case by calling (610) 719-3190 to arrange a free consultation.
