Pennsylvania Premises Liability FAQ

What is a premises liability claim?

If you are injured on someone else’s property, you may have a premises liability claim against the property owner if the injury was due to wrongdoing or negligence on the owner’s part.

These injuries can occur in a variety of locations, including, but not limited to, the inside of a business, on construction sites, in parking lots, on sidewalks or in the street.

Some ways people become injured on another person’s property include slip and falls, trip and falls, falling debris accidents, and elevator or escalator malfunctions.

If you have been injured on someone else’s property, contact Aversa & Linn for more information about bringing a premises liability claim.

When can I pursue a premises liability claim?

In general, you must file a premises liability claim in Pennsylvania within two years of the date of injury. Certain exceptions apply.

If you have been injured on someone else’s property, contact Aversa & Linn for more details about if and when you can file a premises liability claim.

Do I need to suffer a serious injury to bring a premises liability claim?

To win a premises liability lawsuit in Pennsylvania, you must prove that your injuries caused you actual damage. You may be able to recover damages for medical bills, lost wages or loss of future earning capacity, pain and suffering, mental distress and physical impairment.

Contact Aversa & Linn for help in evaluating your possible premises liability claim.

Who can I sue for a premises liability claim?

More than one person or entity may be held responsible for your injuries. In addition to the property owner, other potentially liable parties include a tenant, a work crew, a security company, and someone whose intentional, criminal actions caused your injuries while on the property.

If you were injured on someone else’s property, contact Aversa & Linn to discuss who may be held responsible.

Can I sue my landlord?

Whether or not you can sue your landlord for being injured on their property depends on a number of factors, including the terms of your lease and whether or not the landlord was aware of the hazard that caused the injury.

If you were injured in either residential or commercial rented property, contact Aversa & Linn to discuss if your landlord might be responsible.

Can I bring a premises liability claim arising from an injury in the workplace?

In general under Pennsylvania law, you cannot sue your employer or co-workers for negligence in causing an injury in the workplace. However, you may have a premises liability claim if someone other than your employer is responsible for the condition that caused your injury.

If your employer is responsible for the condition that caused your injury, you may not be able to bring a premises liability claim, but you still may be able to bring a workers’ compensation claim. Contact Aversa & Linn for help in evaluating if you have a viable premises liability or workers’ compensation claim.

What is duty of care?

A property owner has a duty of care to people who visit their property. This duty varies based on if the visitor is an invitee, a licensee, or a trespasser.

To win a premises liability case based on negligence in Pennsylvania, visitors must prove that they were owed a duty of care at the time they were injured.

Contact Aversa & Linn to learn more about the duty of care and how it may apply in your case.

What are the steps I need to take after an accident or sustaining an injury?

If you have been injured on someone else’s property, contact Aversa & Linn right away to discuss next steps. If the injury was caused by a dangerous condition, it is vital to document the condition close in time to the accident.

How do I know who is at fault?

In a premises liability case in Pennsylvania, the jury determines who is to blame for the incident, and what percentage each party is to blame. For the plaintiff to receive any damages, the defendant must be more to blame for the incident than the plaintiff.

Contact Aversa & Linn for help with evaluating who is at fault in your particular situation.

How do I know how much my personal injury claim is worth?

In Pennsylvania, you may be able to recover damages for medical bills, lost wages or loss of future earning capacity, pain and suffering, mental distress and physical impairment.

Contact Aversa & Linn for help in evaluating how much your claim may be worth.

What is pain and suffering in a personal injury case?

There are two types of pain and suffering: physical pain and suffering and mental pain and suffering.

Physical pain and suffering is the pain of the plaintiff’s physical injuries, including pain and discomfort that has already occurred, and pain that they will likely suffer in the future as a result of the defendant’s negligence.

Mental pain and suffering includes negative emotions the plaintiff suffers as a result of the incident including: mental anguish, emotional distress, loss of enjoyment of life, fear, anger, humiliation, anxiety, and shock.

If you have been injured on someone else’s property, contact Aversa & Linn to discuss if you can pursue a claim to recover financial damages for your injury.

What if my accident made a pre-existing injury worse?

When a plaintiff has a pre-existing condition, the insurance company often claims that the damage was the result of that condition and not the incident that prompted the lawsuit.

If you were injured on someone else’s property, and have any type of pre-existing condition, it is imperative to have an expert advocate to protect your rights. Contact Aversa & Linn for guidance about how to proceed with your claim.

When do I need a lawyer for my personal injury claim?

Personal injury claims in Pennsylvania are complicated. If you have been injured on someone else’s property, contact Aversa & Linn for help in evaluating your claim and protecting your rights. Do not speak to anyone from the insurance company without first consulting an attorney.

What happens to my medical bills?

The party responsible for your injuries should pay the medical bills. Some businesses have insurance that will pay your medical bills immediately. Sometimes you will need to sue the property owner to obtain payment of the medical bills.

In either instance, before speaking to anyone from the insurance company, you should contact an attorney to advocate for the best outcome for you. Contact Aversa & Linn for help in evaluating your case and protecting your rights.

In addition to Pennsylvania, Aversa & Linn handles premises liability claims in New Jersey. Contact Aversa & Linn for help in evaluating your case and protecting your rights.