When we visit a premises such as a restaurant, museum or hotel, we want to be sure that the grounds we are visiting are safe for us to be on. When premises are made available to customers and other visitors for use, the owners and managers of those premises make an unspoken—but legally binding—promise that these premises will be reasonably safe from harm, and that if there are hazards present, they will be pointed out to us so we can take appropriate precautions. However, not all premises owners and managers operate with the idea of public safety in mind, and many will even willfully cut corners in order to save a few pennies. These practices can lead to serious injuries and could even cause death, and the owners can be held liable for damages in civil court in these cases. If you were injured on-premises and want to discuss your legal case with a premises liability lawyer, contact the Law Offices of Greg Prosmushkin, P.C. to speak to a qualified attorney today.
Premises liability and negligence
Negligence plays a major role in establishing liability with claims related to premises. Negligent actions—or lack of prudent actions that could prevent harm—can lead to injuries and damage to personal property, and the negligent party can then be held liable in court for the damages that resulted from their actions or the lack thereof. For example, if a restaurant customer informs management that a loose floorboard in a hallway could pose a trip hazard and the manager refuses to take action to repair that floorboard, they could be held liable in court if another customer should trip over the bad flooring and fall and get hurt. In another example, if a floor in a boutique hotel is slick after being freshly mopped but the owner of the hotel refuses to spare the expense of purchasing a “wet floor” warning sign, they could be held responsible for any injuries that happen due to guests slipping and falling on the slippery floor.
Types of premises liability claims
Premises liability claims can arise from a variety of situations, including:
- Stairs in ill repair breaking, leading to major injury from fall
- Tripping over ripped carpeting, resulting in injury
- Slip-and-fall accident on wet floor
- Nails sticking up from poorly maintained hardwood floor, causing puncture wound & infection
- Bad plumbing in a banquet hall resulting in unsanitary kitchen leading to food poisoning
FAQs for Allentown Premises Liability Attorney
When you are in an unfamiliar place for the first time – such as a spa or beauty salon, someone else’s apartment building, or government property – you may not be aware of all the hidden dangers that might be lurking on the premises.
In fact, you can be at risk of injury even when visiting a place where you have been hundreds of times before, especially if the property owner or occupier failed to remedy unsafe conditions on the property.
A premises liability claim can arise after you sustain an injury or suffer other harm due to the property owner’s negligence or recklessness on such properties as nightclub or bar, amusement park, gym, hotel, shopping mall, supermarket, barbershop, or even an Airbnb rental.
An Allentown premises liability attorney can help you pursue your claim and establish the property owner’s negligence to maximize your monetary recovery.
What to Do Following an Injury on Someone Else’s Property?
Every step that you take after suffering an injury on another person’s property can affect your premises liability claim. That is why it is critical to take all the necessary steps that bring you closer to maximizing your compensation and strengthening your legal case.
One of such steps would be to seek medical attention immediately after the accident on someone else’s property. Go through a medical exam even if it seems as if your injury is not particularly serious because sometimes injuries do not show symptoms for days or even weeks after the accident.
Take photographs of the condition (a hidden or obvious hazard) that was not remedied by the property owner or you were not warned of upon entry. If there were people who witnessed your slip and fall or another accident, get their contact information.
The final step is to contact an Allentown premises liability lawyer. Stay away from insurance companies until your attorney investigates your case and determines the value of your damages and losses.
Are You Automatically Entitled to Compensation for Injuries Suffered on Someone Else’s Property?
Not at all. Not all injuries sustained on another person’s property are the responsibility of the property owner or occupier.
In order for your case to qualify for a premises liability lawsuit, you will have to prove that the property owner (a) created a dangerous condition on the property, (b) failed to remedy an unsafe condition, or (c) failed to warn of the hidden and non-obvious hazardous condition.
What to Do if the Property Owner is Trying to Convince Me That I’m to Blame for My Injury?
A property owner or occupier might attempt to escape liability immediately after learning about a victim’s injury sustained on their property.
Unless you are represented by an Allentown premises liability attorney, judges and juries may side with the property owner and agree that the hazardous condition that caused your injury was obvious enough for a victim to notice it and avoid the accident.
Many property owners also try to convince the injured visitor that the owner could not have been reasonably expected to remedy the unsafe condition. In that case, you can ask your lawyer to investigate the specific circumstances of your case and collect evidence proving that the property owner was at fault.
Are Property Owners Liable for Criminal Acts That Occur on Their Premises?
Yes, a property owner or occupier can be held liable for harm caused by third parties that occurs on their premises. For example, you might be able to prove that the negligent security or lack of supervision on the property contributed to the criminal act.
We can handle your premises liability legal issue
If you need a premises liability lawyer in Allentown, the Law Offices of Greg Prosmushkin, P.C. can help. We are experienced in litigating premises liability claims, and we are passionate about holding negligent premises owners liable in court for the damages that resulted from their failure to hold up their end of the bargain. You could be qualified to recover damages from the negligent premises owner, and these damages may then be paid out as a cash award to you for the pain and suffering you endured because of a premises liability issue. Contact us today for a no-cost consultation.