No matter how it happens or what kind of injuries it causes, an accident on another person’s land can make for complex and time-consuming civil litigation. Determining whether a property owner is liable for your injuries can be challenging enough on its own, but actually recovering full financial compensation through a lawsuit is even more complicated.
Fortunately, our Blue Bell premises liability lawyers at Ostroff Godshall Injury and Accident Lawyers have successfully handled many cases like yours in the past. With the help of a winning personal injury attorney like Jon Ostroff, you can seek restitution for all your economic and non-economic harm.
In a previous case, our team represented a contractor who fell through a trapdoor in a home he was remodeling. He sustained injuries to both shoulders and his spine. Our litigators obtained a total of $380,000 from multiple parties on his behalf. Once retained, our attorneys will do everything possible to obtain the compensation you are due.
Determining Your Visitor Status
The first step in pursuing recovery for an injury you sustained on another person’s property, is determining your visitor status at the time of the accident. You may be considered an “invitee”, “licensee”, or “trespasser.”
You are an “invitee” if you are on someone else’s property for their financial or personal benefit. When you go to a store, you are considered an invitee. You may be deemed a “licensee” if you are on someone’s property for your own personal or social reasons. “Trespassers” are individuals who do not have permission to be on the property.
Determining your visitor status can be somewhat complicated. No matter which status you fall under as a visitor to someone else’s premises, you are owed a duty of care by the premises owner. The standard of care owed to you is what changes depending on your status.
It is best to work with a seasoned lawyer who can inform you of your legal status in your premises liability case.
When Are Property Owners Liable for Accident Injuries?
Property owners have different obligations to protect visitors from harm based on their status. Under state law, invitees are owed the highest “duty of care.” Landowners must look for, find and cure any hazardous conditions on their property to protect invitees.
Property owners are only required to use “reasonable care” to identify and fix dangerous conditions that could harm licensees. While the property owner is not required to seek out a dangerous condition, they are required to use reasonable care to identify a condition that they should be aware of. If the property owner would walk by this condition regularly and it is visible to them, they must fix it before a visitor is injured by it.
Landowners even have a responsibility to trespassers. They can be held liable for injuries to trespassers that result from dangerous conditions the owner actually knew about or should have known about. Consult a Blue Bell attorney to discuss whether the property owner in your case is responsible for your injuries.
Filing Deadlines for Premises Liability Claims in Blue Bell
Even if you have an airtight case against a negligent landowner or property manager, you may lose your right to recover compensation if you wait too long to file your claim. The statute of limitations, codified in 42 Pennsylvania Consolidated Statutes §5524, states that most prospective plaintiffs must file suit within two years of the date of their premises accident. There are some exceptions to this rule, but you should always reach out to a lawyer as soon as possible to avoid missing the deadline to file your premises liability claim.
Get in Touch with a Blue Bell Premises Liability Attorney Today
Liability for injuries suffered on private or commercial property works differently than in other types of accident claims. Consequently, it is crucial that you seek help from an attorney from Ostroff Godshall Injury and Accident Lawyers. We have years of experience successfully handling these types of cases.
A dedicated Blue Bell premises liability lawyer can work diligently to protect your rights throughout every stage of your legal proceedings. Call us to set up a free consultation and learn more about how we can help you.