Posted By: SSF Law Firm Posted In: Premises Liability Posted On: January 26, 2019
Stop for a minute and think about all the places you go during the week:
When you go somewhere, the last thing you expect is to encounter an unsafe situation that will cause you or your family harm. You expect that the property owners or the people in charge of a location will maintain a safe environment.
If you do get injured, does that mean you will be able to collect a settlement?
Maybe, but it is not guaranteed.
If you need a Pittsburgh premises liability attorney, you can count on the team at Shenderovich, Shenderovich & Fishman to help you through the process.
When it comes to a premises liability case, you need to know that the property owner facing the lawsuit is going to fight the claim. They will secure an attorney because they do not want to pay a large settlement.
If a property owner has allowed for a situation that is inherently dangerous, more so than one would ever reasonably ever expect to be allowed, they could face a strict liability claim. When this happens, a person would not even have to prove that the owner breached their duty to care for the injured. An example of this could be if an amusement park operator did not have required guardrails around a fast-moving ride and a child wandered too close to it and got injured. The amusement ride owner would already be breaking the law for not having the required guardrails to begin with.
Many times, a person will end up with some type of negligence case against a property owner. For instance, let’s use one of the most common types of premises liability cases for example – a slip and fall incident. If you enter a store and slip on an un-mopped spill and find out that the employees had known about the spill for more than 20 minutes, they may very well have breached their duty to provide and maintain a safe environment. They failed to remedy the situation and this caused you harm.
However, there are times when comparative negligence models will be used if it is believed that you were partly to blame for the injury. Back to the slip and fall example, let’s say you were texting or watching a video and barely took your eyes off the phone before you slipped and fell. In this case, it may be found that you were 30% to blame for the injury and the store was 70% to blame. The settlement will be paid out based on that.
If you or a loved one have been harmed on another person’s property and you think someone else is to blame, seek legal assistance. At Shenderovich, Shenderovich & Fishman, we understand that these cases can become complicated and difficult for a person to navigate without an attorney. Our team will work diligently to secure the compensation you deserve.