In a legal context ‘premises’ is just another word for the buildings and land that make up someone’s property.
The law imposes a responsibility on property owners who invite or allow other people onto their property. And sometimes the law imposes liability on a landowner even if the person injured did not have permission to be on the property.
Property owners must take reasonable measures to maintain their property in a safe condition to minimize the chance of injury to others. Known hazards must be removed or warned of. And property owners will be liable for injuries that occur due to hazards they should have been aware of and done something about.
Persons who enter the property of another do have the responsibility to be sensible when it comes to their own personal safety. Injuries on the property of another that occur from an obvious hazard are generally not the responsibility of the premises owner.
The premises liability lawyers at Shenderovich, Shenderovich & Fishman have over 170 years combined experience holding Pennsylvania property owners accountable for failing to abate unsafe conditions on their property.
When it comes to premises liability claims, it is crucial to establish that the property owner had the responsibility to do something more to protect people from the hazard than was done. And it is equally important for the person injured to demonstrate they did not do something that contributed to their own accident.
At Shenderovich, Shenderovich & Fishman, we’ve seen how insurance companies try to shift responsibility for a premises liability accident over to the injured party so they don’t have to pay. Our Erie, PA premises liability attorneys know how to hold property owners liable for the dangerous conditions they are responsible for and get our clients the compensation they are entitled to.
In order to be able to recover from the property owner, an injured person must normally have had permission to be on the property. Permission is implied from businesses that are open to the public. Permission is also implied if your mailbox is on your porch and the mail carrier must enter your property to deliver your mail.
The less familiar people are likely to be with a property the greater the level of care a property owner must take to ensure their safety. Common injuries that occur on the premises of another and can give rise to premises liability claims include:
Property owners have a heightened responsibility when it comes to children – whether they have permission to be on the property or not. If a property owner has something on their property that might be attractive to children but could harm them, they must take steps to protect children from harm. Failing to do so can result in a premises liability claim.
In most cases where someone is injured on the business property of another, the property owner will not be responsible if the hazard causing the injuries was obvious enough that the injured person should have been aware of it and able to avoid it.
Determining just how obvious a situation was is evaluated by comparing what happened to what a fictional ‘reasonable person’ might have done under similar circumstances. The question of what was reasonable has everything to do with an injured person being able to recover compensation for their injuries.
An experienced premises liability lawyer knows how to establish a client’s conduct as reasonable and successfully refutes the open and obvious hazard defense.
Premises liability accidents are rarely open and shut cases. Liability will be based on who is found to have had the greater responsibility for causing the harm. Many times this comes down to which side presents the most convincing argument about what was reasonable given the circumstances.
The Erie, Pennsylvania premises liability lawyers at Shenderovich, Shenderovich & Fishman have helped injured clients recover from property owners after persuading insurance companies and courts that our clients were acting reasonably at the time of their accident. We will uncover every useful detail to compel a successful outcome for your premises liability claim.