Millions of Americans are injured on other people’s properties each year. When that happens, they are often left wondering how to recover compensation for their losses. By securing a Pittsburgh premises liability attorney from Shenderovich, Shenderovich & Fishman, you can count on a dedicated team. We will work to investigate your case so we can secure the compensation you deserve. If another person’s negligence caused you harm, you should not be put in financial jeopardy.
Types of Premises Liability Claims We Handle
Premises liability cases can arise from a variety of situations. Our premises liability law firm has extensive experience handling claims involving:
- Hotel or Airbnb Accidents: Injuries caused by unsafe conditions in lobbies, rooms, or pools.
- Elevator and Escalator Accidents: Malfunctions or lack of maintenance leading to injuries.
- Apartment Building Injuries: Unsafe stairwells, poor lighting, or lack of security measures.
- Retail Store Accidents: Slip and falls due to spills, debris, or unmarked hazards.
- Amusement Park Injuries: Defective rides or inadequate safety measures.
- Swimming Pool Accidents: Lack of fencing, supervision, or proper maintenance.
- Parking Lot Injuries: Cracked pavement, poor lighting, or lack of security.
Each of these scenarios requires a thorough investigation to determine liability. Contact Shenderovich, Shenderovich & Fishman today to learn more about these specific types of claims and how we can help.
Pennsylvania Premises Liability Laws: What You Need to Know
Understanding Pennsylvania premises liability laws is crucial when pursuing a claim. Property owners in Pennsylvania have a legal duty to maintain safe conditions for visitors. However, the level of responsibility depends on the visitor’s status:
- Invitees: Property owners owe the highest duty of care to invitees, such as customers or tenants, ensuring the property is free from hazards.
- Licensees: For social guests, property owners must warn of known dangers that may not be obvious.
- Trespassers: Property owners generally owe no duty to trespassers, except in cases involving children or willful harm.
Additionally, Pennsylvania law includes exceptions, such as the “open and obvious hazard” rule, which may limit your ability to recover damages if the danger was clearly visible and avoidable.
What Type of Compensation is Available for a Pittsburgh Premises Liability Claim?
There may be various types of compensation available to the victims of injuries on another’s real estate. Victims may be entitled to both economic and non-economic compensation. This includes the following:
- Coverage for all medical bills related to the injury
- The cost of physical therapy or rehabilitation
- Coverage of prescription medications or medical devices
- Lost income if a victim cannot work
- Loss of quality of life damages
- Pain and suffering damages
The total amount of compensation available for a Pittsburgh premises liability claim will vary depending on the facts and circumstances surrounding each particular case. An attorney will work with trusted economic and medical experts to help properly calculate the total expected losses of their client.
What are the Most Common Causes of Premise Injuries?
Premises liability injuries often result from property owner negligence, including:
- Slip and Fall Accidents: Spills, unmarked wet floors, or uneven surfaces.
- Negligent Security: Poor lighting, lack of security personnel, or broken locks.
- Property Defects: Cracked sidewalks, faulty wiring, or collapsing structures.
- Swimming Pool Incidents: Lack of fencing, supervision, or proper maintenance.
- Restaurant Hazards: Contaminated food or slippery floors.
What Kind of Injuries Occurs?
When we look at the causes of these cases above, we know that a wide array of injuries are possible. This can include:
- Broken and dislocated bones
- Severe lacerations
- Internal organ damage
- Internal bleeding
- Spinal cord injuries
- Traumatic brain injuries.
It is vital that you seek medical assistance for any injury that happens on another person’s property. Even if the injury seems minor, the full extent of some injuries is not always known until hours or days after an incident occurs.
Why Can a Premises Liability Claim Be Denied?
Many premises liability claims are denied by insurance companies in Pittsburgh and all across Pennsylvania because the party seeking compensation from the property owner or occupier got injured by an open and obvious hazard. An “open and obvious hazard” is an exception when property owners or possessors are liable for their visitors’ injuries.
Our Pittsburgh premises liability accident lawyer from Shenderovich, Shenderovich & Fishman explains that you are not eligible to recover damages if your injury was caused by your failure to avoid injury by an open and obvious hazard on someone else’s property. A dangerous condition on someone else’s property can be considered an “open and obvious hazard” when another reasonably cautious individual would have noticed and avoided that condition.
How to Sue a Public or Government Entity in Pennsylvania
There is a widespread misconception that the law prohibits you from suing a public or government entity in Pennsylvania if you were injured on public property or your injury was caused by a government employee.
While it is true that the government does enjoy a great amount of immunity from liability for injuries, you may be entitled to compensation if your case meets certain criteria. Our Pittsburgh premises liability accident attorney warns you to be wary of the following rules and restrictions when suing a government entity in Pennsylvania:
Shorter Time Limits
While an injured party generally has two years to bring a premises liability claim against a private entity or other individuals, that statute of limitations ranges from only 30 to 180 days when filing a lawsuit against a government agency in Pennsylvania.
The Notice of Claim Requirement
Any injured individual is required to file a Notice of Claim with the government agency and all other government parties involved prior to filing a premises liability claim.
Compensation Limits
Pennsylvania also limits the amount of recovery that you can receive as part of your premises liability claim. If you pursue a premises liability claim against the state, your compensation will be capped at $250,000. When suing a local entity in Pennsylvania, the maximum allowable settlement is $500,000.
No Punitive Damages
You are not eligible to recover punitive damages when suing a public or government entity.
Lawsuit Limitations
You have the right to file a premises liability lawsuit against the government only after you have exhausted all other administrative remedies to recover damages.
Contact a Pittsburgh Premises Liability Attorney Immediately
If you or somebody you love has been injured due to the careless or negligent actions of a property owner in or around the Pittsburgh area, reach out to the team at Shenderovich, Shenderovich & Fishman for help as soon as possible. Our attorneys have extensive experience handling complex injury cases throughout Pennsylvania, and we know what it takes to help you recover compensation for your losses. We have no problem standing up to aggressive insurance carriers, and we will certainly take your case all the way to trial if necessary. When you need a Pittsburgh premises liability attorney, you can contact us for a free consultation by clicking here or calling (412) 391-7610.
