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Premises Liability - Can You File A Lawsuit After A Slip And Fall Accident?

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(610) 892-9200

Experienced Premises Liability Lawyers Fighting for Injury Victims

When unsafe property conditions cause serious injuries, property owners must be held accountable for their negligence. If you've been injured on someone else's property due to dangerous conditions, poor maintenance, inadequate security, or failure to warn of known hazards, you may have a valid premises liability claim. At Schuster Law, our experienced Pennsylvania slip and fall attorneys have been protecting injury victims and securing maximum compensation for over 30 years.

Property owners have a legal duty to maintain safe conditions for visitors, customers, and tenants. When they fail in this responsibility, our aggressive premises liability lawyers will fight to ensure you receive the full compensation you deserve for your injuries, medical expenses, lost wages, and pain and suffering.

Call (610) 892-9200 for a free consultation with experienced Pennsylvania premises liability attorneys.

24/7 Confidential Consultations Available

Serious slip and fall accidents can happen at any time, often requiring immediate medical attention and legal guidance. Our premises liability attorneys are available around the clock to provide confidential consultations and immediate legal advice when you need it most. Don't let property owners and their insurance companies take advantage of you during this vulnerable time.

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What Is Premises Liability?

Premises liability law holds property owners legally responsible when unsafe conditions on their property cause injuries to visitors. Under Pennsylvania law, property owners have a duty to:

Maintain Safe Property Conditions

  • Regularly inspect property for hazardous conditions
  • Repair dangerous conditions within a reasonable time
  • Provide adequate lighting in walkways and common areas
  • Keep floors, stairs, and walkways free from hazards

Warn of Known Dangers

  • Post warning signs for temporary hazards
  • Notify visitors of construction zones or unsafe areas
  • Provide adequate signage for potential dangers
  • Alert guests to slippery or uneven surfaces

Provide Adequate Security

  • Install proper lighting in parking areas and entrances
  • Maintain functional security systems when provided
  • Take reasonable steps to prevent foreseeable criminal activity
  • Provide appropriate security measures for the property type

Common Types of Premises Liability Cases

Our Pennsylvania premises liability lawyers handle all types of property-related injury cases:

Slip and Fall Accidents

The most common type of premises liability case, involving injuries from slipping or tripping on dangerous property conditions.

Trip and Fall Incidents

Accidents caused by uneven surfaces, broken sidewalks, loose carpeting, or obstacles in walkways.

Inadequate Security Cases

Injuries resulting from assaults, robberies, or other criminal acts due to insufficient security measures.

Swimming Pool Accidents

Drowning incidents, slip and falls around pools, or injuries from defective pool equipment.

Stairway Accidents

Falls on broken, poorly maintained, or inadequately lit staircases.

Elevator and Escalator Accidents

Injuries from malfunctioning elevators, escalators, or inadequate maintenance.

Falling Object Injuries

Incidents where improperly stored or secured items fall and injure visitors.

Dog Bite Cases

Injuries from animal attacks on the owner's property.

Where Slip and Fall Accidents Commonly Occur

Slip and fall accidents can happen anywhere, but our attorneys frequently represent clients injured at:

Retail Properties

  • Shopping malls and department stores
  • Grocery stores and discount retailers
  • Convenience stores and gas stations
  • Home improvement and hardware stores
  • Pharmacies and retail chains

Hospitality and Entertainment

  • Restaurants and bars
  • Hotels and motels
  • Movie theaters and entertainment venues
  • Gyms and health clubs
  • Golf courses and recreation parks

Residential Properties

  • Apartment complexes and condominiums
  • Private homes and rental properties
  • Senior living facilities
  • Homeowners association common areas

Transportation Hubs

  • Train and bus stations
  • Airports and terminals
  • Parking garages and lots
  • Subway and public transit areas

Workplace Properties

  • Office buildings and complexes
  • Manufacturing facilities
  • Warehouses and distribution centers
  • Construction sites

Government Properties

  • Municipal buildings and courthouses
  • Public parks and recreation areas
  • Schools and universities
  • Hospitals and medical facilities

Common Causes of Slip and Fall Accidents

Our experienced premises liability attorneys have successfully handled cases involving numerous dangerous conditions:

Slippery Surface Hazards

  • Spilled liquids not cleaned up promptly
  • Wet floors without proper warning signs
  • Freshly waxed or mopped floors without adequate notice
  • Grease or oil spills in parking areas or walkways
  • Food debris on restaurant or grocery store floors

Weather-Related Hazards

  • Snow and ice not removed from walkways and parking areas
  • Inadequate snow removal or ice treatment on steps and sidewalks
  • Poor drainage causing water accumulation and icy conditions
  • Lack of salt or sand during winter weather conditions

Structural and Maintenance Issues

  • Loose flooring, carpeting, or tiles
  • Broken or uneven steps and staircases
  • Potholes and cracks in parking lots and walkways
  • Broken or cracked sidewalks and walkway surfaces
  • Defective handrails or missing safety barriers
  • Poor lighting in stairwells, parking areas, and walkways

Construction and Maintenance Hazards

  • Construction debris left in walkways
  • Exposed electrical wires or equipment
  • Unmarked construction zones without proper barriers
  • Tools or equipment left in pedestrian areas

Pennsylvania Premises Liability Law

Understanding Pennsylvania's premises liability laws is crucial for successful injury claims:

Duty of Care Standards

Pennsylvania law establishes different duty of care levels depending on your legal status on the property:

Invitees (customers, clients): Property owners owe the highest duty of care, including regular inspections and maintenance.

Licensees (social guests): Property owners must warn of known dangers but aren't required to inspect for hidden hazards.

Trespasers: Generally, property owners only owe a duty to avoid intentional harm, with exceptions for child trespassers.

Proving Negligence in Pennsylvania

To win a premises liability case, our attorneys must establish:

  1. Duty: The property owner owed you a duty of care
  2. Breach: The owner failed to meet their duty through action or inaction
  3. Causation: The owner's negligence directly caused your accident
  4. Notice: The owner knew or should have known about the dangerous condition
  5. Damages: You suffered actual injuries and losses from the accident

Comparative Negligence

Pennsylvania follows a modified comparative negligence rule. You can still recover damages even if you're partially at fault, as long as you're less than 51% responsible for the accident.

Statute of Limitations

You have two years from the date of your slip and fall accident to file a personal injury lawsuit in Pennsylvania. Waiting too long can permanently bar your right to compensation.

Injuries Common in Slip and Fall Accidents

Slip and fall accidents can cause serious injuries that require extensive medical treatment:

Fractures and Broken Bones

  • Hip fractures (especially dangerous for elderly victims)
  • Wrist and arm fractures from breaking falls
  • Ankle and foot fractures
  • Spinal compression fractures
  • Skull fractures from head impacts

Head and Brain Injuries

  • Concussions and traumatic brain injuries
  • Skull fractures and brain bleeding
  • Cognitive impairment and memory loss
  • Personality changes and emotional trauma

Spinal Cord Injuries

  • Herniated and bulging discs
  • Spinal cord compression
  • Partial or complete paralysis
  • Chronic back and neck pain

Soft Tissue Injuries

  • Torn ligaments and tendons
  • Muscle strains and sprains
  • Joint dislocations
  • Chronic pain syndromes

Cuts and Lacerations

  • Deep cuts requiring stitches
  • Scarring and disfigurement
  • Nerve damage
  • Risk of infection

Special Premises Liability Situations

Rental Property Accidents

Determining liability in rental property accidents depends on the lease agreement and specific circumstances:

  • Landlord responsibility: Common areas, structural maintenance, snow removal (if specified in lease)
  • Tenant responsibility: Areas under tenant control, maintenance duties assigned by lease
  • Mixed responsibility: Situations requiring careful legal analysis

Our attorneys thoroughly review lease agreements and property management arrangements to identify all potentially liable parties.

Government Property Claims

Slip and fall accidents on government property (municipal buildings, public parks, sidewalks) involve special rules and procedures:

  • Notice requirements: Specific procedures for notifying government entities of claims
  • Shorter time limits: Reduced timeframes for filing claims against government entities
  • Sovereign immunity: Limited circumstances under which government entities can be sued
  • Special evidence requirements: Different standards for proving government negligence

Retail Store Liability

Retail establishments have heightened duties due to high customer volume:

  • Regular inspection requirements: Frequent safety checks of customer areas
  • Prompt cleanup obligations: Quick response to spills and hazards
  • Adequate staffing: Sufficient personnel to monitor and maintain safe conditions
  • Security camera evidence: Often available to document accident circumstances

Steps to Take After a Slip and Fall Accident

Taking the right actions immediately after your accident can significantly impact your premises liability claim:

At the Scene

  1. Seek immediate medical attention if you're seriously injured
  2. Report the accident to the property owner, manager, or security
  3. Document the scene with photos of the hazard and surrounding area
  4. Get witness information from anyone who saw your accident occur
  5. Preserve evidence of the dangerous condition that caused your fall
  6. Request incident reports if the property maintains them

After Leaving the Property

  1. Get medical treatment even if injuries seem minor initially
  2. Keep all medical records and document your recovery process
  3. Write down your account of how the accident happened
  4. Save clothing and shoes worn during the accident
  5. Avoid giving statements to property owners' insurance companies
  6. Contact experienced premises liability attorneys immediately

What NOT to Do

  • Don't admit fault or apologize for the accident
  • Don't accept quick settlement offers from insurance companies
  • Don't give recorded statements without attorney representation
  • Don't delay seeking medical treatment
  • Don't wait to contact an attorney

Insurance Company Tactics to Avoid

Property owners' insurance companies often use unfair tactics to minimize claim payments:

Common Insurance Strategies

  • Quick settlement offers far below fair compensation value
  • Blame shifting attempts to make you partially responsible
  • Medical record requests seeking unrelated health information
  • Surveillance tactics following injured people to discredit claims
  • Delay tactics hoping you'll accept less money over time
  • Claim denials based on technical or procedural objections

How Our Attorneys Protect You

  • Handle all insurance company communications
  • Conduct thorough accident investigations
  • Gather compelling evidence of property owner negligence
  • Calculate fair compensation including future medical needs
  • Negotiate aggressively for maximum settlements
  • Prepare for trial when necessary

Compensation Available in Premises Liability Cases

Our Pennsylvania premises liability lawyers work to secure comprehensive compensation for all your losses:

Economic Damages

  • Medical expenses: Current and future medical treatment costs
  • Lost wages: Income lost during recovery period
  • Lost earning capacity: Reduced ability to earn future income
  • Property damage: Damaged clothing, personal items, or assistive devices
  • Transportation costs: Medical appointment and treatment travel expenses

Non-Economic Damages

  • Pain and suffering: Physical discomfort and emotional distress
  • Loss of enjoyment: Inability to participate in activities you once enjoyed
  • Emotional trauma: Anxiety, depression, or PTSD following the accident
  • Disfigurement: Permanent scarring or visible injuries
  • Loss of consortium: Impact on relationships with spouse and family

Punitive Damages

In cases involving egregious negligence or intentional misconduct, courts may award punitive damages to punish defendants and deter similar behavior.

Frequently Asked Questions

How do I prove the property owner was negligent?

Our attorneys establish negligence by showing the owner knew or should have known about the dangerous condition and failed to address it within a reasonable time. We use security footage, witness testimony, incident reports, and maintenance records as evidence.

What if I was partially at fault for my accident?

Pennsylvania's comparative negligence law allows recovery even if you share some responsibility, as long as you're less than 51% at fault. Your compensation will be reduced by your percentage of fault.

How long do I have to file a premises liability lawsuit?

Pennsylvania's statute of limitations gives you two years from the accident date to file a lawsuit. Government entity claims often have much shorter notice requirements.

What if the property owner claims they didn't know about the hazard?

Property owners have a duty to regularly inspect their premises for dangers. We investigate maintenance records, previous incidents, and witness accounts to prove constructive notice of hazardous conditions.

Should I accept the property owner's insurance settlement offer?

Never accept initial settlement offers without consulting experienced premises liability attorneys. These offers are typically far below fair value and prevent future legal action.

How much is my slip and fall case worth?

Case values depend on injury severity, medical expenses, lost income, and impact on your life. We provide free case evaluations to estimate potential compensation based on similar cases.

Do I need an attorney for my premises liability case?

Property owners and their insurance companies have teams of lawyers working to minimize claim payments. You need experienced legal representation to level the playing field and secure fair compensation.

Why Choose Schuster Law for Premises Liability Cases

Proven Results

We have successfully recovered significant compensation for hundreds of slip and fall victims throughout Pennsylvania, including settlements and verdicts totaling millions of dollars.

Thorough Investigation

Our legal team conducts comprehensive accident investigations, working with safety experts, engineers, and reconstruction specialists to build compelling cases.

Local Expertise

With over 30 years of experience in Pennsylvania courts, we understand local laws, judges, and procedures that can make the difference in your case outcome.

No Upfront Costs

We work on contingency fees - you pay no attorney fees unless we recover compensation for you. Initial consultations are always free and confidential.

Personal Attention

Unlike large personal injury firms, we provide individual attention and direct access to experienced attorneys throughout your case.

Trial-Ready Representation

While many cases settle out of court, we're fully prepared for trial when necessary to secure maximum compensation for our clients.

Serving Premises Liability Victims Throughout Pennsylvania

Schuster Law represents slip and fall accident victims throughout southeastern Pennsylvania, including:

Delaware County: Media, Chester, Upper Darby, Havertown, Springfield, Swarthmore, Broomall, Radnor Township, Newtown Square

Philadelphia County: Philadelphia and all surrounding neighborhoods and communities

Chester County: West Chester, Exton, Coatesville, Kennett Square, Malvern, Paoli, King of Prussia area

Montgomery County: Norristown, Plymouth Meeting, Conshohocken, Lansdale, Horsham, Blue Bell

Bucks County: Doylestown, Newtown, Levittown, Bristol, Warrington, Yardley

Free Premises Liability Consultation

Don't let negligent property owners escape responsibility for your injuries. If you've been hurt in a slip and fall accident or other premises liability incident anywhere in Pennsylvania, contact Schuster Law immediately for a free, confidential consultation.

Our experienced premises liability attorneys will:

  • Review all details of your accident and injuries
  • Investigate the property conditions that caused your fall
  • Explain your legal rights under Pennsylvania law
  • Estimate the potential value of your claim
  • Handle all communications with property owners and insurance companies
  • Begin building your case immediately

Remember: You pay no attorney fees unless we recover compensation for you.

Don't let property owners and their insurance companies take advantage of you. Contact Schuster Law today and let our experienced premises liability team fight for the compensation you deserve.

Do You Qualify?
  • Details
  • Incident
  • Aftermath

Free Case Evaluation

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WHAT OUR CLIENT SAY ABOUT SCHUSTER LAW

testimonial 1
Highly recommend Justin Bernstein. He has been amazing, and very helpful through Avery traumatic time in my life. Always there when you need him!
 
Shannan Lamplugh,

A client of Schuster Law

 
 
testimonial 2

My husband and I were in a car accident and our car got t-boned. Andrew Valentin was the lawyer we chose to represent us. Andrew fought on our behalf with the other party's insurance company, making sure everything was made right. Between regular check-ins on us and follow through on the case, Andrew made sure we were well taken care of.

Laura VM
A Car Accident Client of Schuster Law

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