While no type of personal injury lawsuit is simple, cases based on accidents that occurred on someone else’s property tend to be especially complex. Your reason for being on property can impact the compensation you’re entitled to—or whether you’re entitled to any compensation at all.
You deserve to feel safe when visiting a friend’s house or going to the store. But the unfortunate truth is that accidents can and do happen, sometimes because of the carelessness or recklessness of the property owner. If you believe a landowner’s negligence was the direct cause of your injuries, speaking with a Hershey premises liability lawyer is in your best interests. Our respected team at Ostroff Godshall Injury and Accident Lawyers will work tirelessly to collect evidence, build a compelling claim on your behalf, and pursue fair and timely compensation.
Founding Partner Jon Ostroff and his team have extensive experience pursuing cases like these. In one case, we were able to recover $380,000 on behalf of a contractor who suffered serious spinal and shoulder injuries after falling through a trapdoor in a home that he was remodeling near Hershey. Give us a call today to learn more about our seasoned injury attorneys can help you pursue the compensation you need to get your life back on track.
How Fault Works in Premises Liability Claims
Premises liability cases generally revolve around negligence, which is the breach of a “duty of care” that directly results in a preventable injury. However, the specific “duty” a property owner owes to a visitor varies based on that visitor’s reason for being on that property.
Invitees
People visiting lawfully for the owner’s benefit, like store customers, are owed the highest duty of care under the law. These individuals are known as “invitees,” and landowners must warn these people of known hazards and regularly inspect their land for unknown hazards, which they also have a duty to find and disclose to visitors.
Licensees
Landowners also have legal obligations to “licensees,” who are parties visiting for their own purposes, such as party guests. When it comes to licensees, property owners are liable for injuries caused by hazards they knew about, or should have seen and known about, but failed to provide proper warning of.
Trespassers
Property owners have less of a legal duty to protect individuals who are on their land without permission, although they can still be liable for all injuries that these parties sustain. Landowners cannot knowingly and maliciously try to cause trespassers harm. Additionally, failing to repair dangerous conditions on their property that they are aware of, could leave a property owner legally liable for injuries that occur to trespassers.
It is also important to note that you might be unable to recover for the full extent of your injuries if you are found to be partially at fault for your accident. Under 42 Pennsylvania Consolidated Statutes §7102, any injured visitor found to be more than 50% at fault for their incident and injuries will be unable to recover any payments at all, while those with less than 50% fault are able to recover partially. A seasoned premises liability lawyer in Hershey can help you understand your legal status as a property visitor, fight back against any unfair accusations of fault and help you pursue the payments you are entitled to.
Legal Deadlines for Premises Liability Claims
After a slip and fall, animal attack, theme park accident, or any other premises liability injury, the financial burden of medical care can be overwhelming. You deserve full and fair compensation, which is why it is crucial to act quickly in pursuing legal action after such an accident. There are time limitations in place for you to file a lawsuit and failing to file your claim within the state’s required timeframe could prevent you from recovering anything at all.
A Hershey premises liability attorney can get to work right away after an accident, collecting evidence, interviewing witnesses and building a strong claim on your behalf. A lawyer also understands the relevant legal deadlines in your case and can help ensure that you do not miss your chance to get the payments you need.
Talk to a Hershey Premises Liability Attorney at Ostroff Godshall Injury and Accident Lawyers Today
Premises liability cases can be tricky to pursue, especially on your own. Trying to pursue a lawsuit or settlement without professional legal guidance is very often a recipe for disaster. If you or a loved one suffered injuries on a hazardous property, a Hershey premises liability lawyer can provide the support your need to get the compensation you deserve. Reach out today to set up your free consultation– you don’t pay a penny unless and until we recover for you.
