Posted By: SSF Law Firm Posted On: September 13, 2019
If you or a loved one gets injured on another person’s property, the situation can become confusing. You may wonder if you are able to file a lawsuit. Even if you think you can file a lawsuit, who exactly gets sued?
Today, the Pittsburgh premises liability lawyers at Shenderovich, Shenderovich & Fishman want to answer some of your premises liability questions. It is important that you get the compensation you need for all of your incident-related expenses.
Did the property owner have a duty?
All property owners in Pennsylvania have a duty to keep their property reasonably safe for those who have the right to be there. If they fail to do so and someone gets hurt, they could face a premises liability lawsuit.
The property owner could face a lawsuit if:
They have a duty to care for the person injured
They knew about or should have known about the potentially hazardous condition
They failed to remedy the hazardous condition
Their breach of duty caused the injury
Private residents owners, business owners, and lessors can all be held accountable.
What if I was partially at fault for the incident?
The other side (the defendant) will do what they can to lower the amount they have to pay in a settlement. This will include blaming you for all or part of your injury. Under Pennsylvania’s modified comparative negligence rule, the total amount you receive could be lower if you were at all negligent in the case.
For example, let’s say you slipped and fell on a wet floor that the property owner knew about and broke your collar bone. Your expenses were $10,000. However, you were texting on your phone at the time the incident occurred, and a jury found you to be 30% responsible for the slip and fall. You would receive just $7,000 in the settlement (the $10,000 minus 30% of the share of fault).
How long do I have to file a premises liability lawsuit in Pittsburgh?
If you are injured on another person’s property, you generally have two years from the date the incident occurs to file a premises liability lawsuit in Pennsylvania.
What are the most common premises liability cases?
Some of the most common premises liability cases arise due to:
If you or someone you care about has been injured due to the negligent actions of a property owner or the people who work for them, please seek legal assistance immediately. At Shenderovich, Shenderovich & Fishman, we are ready to get to work on your case. Let us ensure you are compensated fairly for the following:
All of your medical expenses
Lost income if you cannot work
Pain and suffering damages
Loss of enjoyment of life damages
Possible punitive damages against the negligent party
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Make an appointment at our Pittsburgh office for your free consultation. We are confident that you will trust us with your legal needs and to fight for what you deserve. We do not charge a fee for personally consulting with you. On every new case, our fee is only 25%. There is no fee unless recovery is made. We invite you to review the significant Pittsburgh, PA personal injury cases we have won.
