In general in Pennsylvania, 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. You must file a premises liability claim within two years of the date of injury, although certain exceptions apply.
Premises liability claims can arise from many circumstances including slippery floors, icy and uneven walking surfaces, unmarked hazardous conditions, dog bites, and poorly maintained apartments and homes.
What should you do if you are injured on someone else’s property? Let’s look at The Big Bang Theory for an example. The building that Leonard, Sheldon, and Penny live in has an elevator that is broken and cannot be used. Let’s say Leonard was hurt in the elevator, what steps should he take?
Make a report. Leonard should make a report to the landlord as soon as possible.
After an injury, you want to report the incident to the building’s owner, the store manager, and keep a copy of the report (or at the very least take a picture of the report.) Other than making a report, limit what you say to business owners, employees, or witnesses. And DO NOT give a recorded statement to the insurance company.
Look for cause of accident and take photos. If the injury was caused by a dangerous condition, it is vital to document the condition close in time to the accident. Take photos from different angles, of the exact location where you fell.
In Leonard’s case, it’s unlikely that the elevator will be quickly fixed since it’s been broken for years, but if you were to slip on a wet floor, that spill can be cleaned up immediately, leaving you with no proof. Snow and ice could melt before any further investigations can be conducted, anything in disrepair can be fixed or replaced. If a store display is placed improperly, it can be moved.
Write down witness information. If anyone witnessed the accident, Leonard should ask them for their contact information: name, address, and phone number.
If there are any witnesses when you are injured, ask for their contact information. This could include anyone who saw the incident, or anyone who witnessed the conditions that caused the incident. So if you are injured by a spill on the floor of a store, and you see an employee nearby, make sure their information appears on the report you make with the store.
Seek medical attention. If Leonard believes himself to be injured right after the fall, he should seek immediate medical attention. If he is seriously injured or has a true emergency, he should go to an emergency room. Otherwise, it’s probably best to see his own doctor if he can be seen within a day or two, or go to an urgent care.
If Leonard doesn’t feel hurt at the time of the accident, but becomes aware of an injury later, he should contact his doctor as soon as possible. Not all injuries are immediately apparent, but it is very important to have a thorough medical examination as soon as you become aware of the injury.
Contact an attorney. It is vital to your case that an immediate investigation into liability take place. You may not be in a position to document the conditions, but if your attorney can examine the scene close in time to when the accident occurred, you will preserve your best chance at recovering for your injury. Surveillance cameras get taped over, people leave jobs, construction projects complete: conditions change. Your attorney can help ensure that the evidence necessary to prove liability is preserved.
If you have been injured on someone else’s property, contact Aversa & Linn right away to discuss next steps.
