How to File a Premises Liability Claim
In Pennsylvania, businesses and property owners have a duty to keep their premises in reasonably safe and secure condition. They can be held liable for accidents that happen because of their failure to do so. Victims have the right to file a premises liability claim. Here, our Chambersburg premises liability attorney explains how to file a claim in Pennsylvania.
Step 1: Understand the Legal Duty Owed to You
Pennsylvania law imposes a duty on property owners and occupiers to maintain reasonably safe premises. The scope of the duty depends on your legal status, whether as an invitee, licensee, or trespasser. Invitees, such as customers in a store, are owed the highest duty of care, including routine inspections and prompt repairs. Licensees, like social guests, are owed a duty to be warned of known hazards. However, trespassers are afforded very little protection under Pennsylvania law.
Step 2: Document the Hazard and the Incident
After suffering an injury, carefully document the dangerous condition that caused it. Premises liability claims are fault-based legal cases. You should take photographs, collect witness information, and request an incident report if the injury occurred in a business. Medical records will be essential to establish the extent of your damages. Notably, Pennsylvania is a modified comparative negligence jurisdiction (42 Pa. Cons. Stat. § 7102). For that reason, it is crucial to show that you were not primarily at fault for the accident.
Step 3: Provide Notice and File a Claim
Before filing a lawsuit, many premises liability cases begin with a formal notice of claim to the property owner or their insurance company. It is a procedural step that can help to move the process forward. The notice should outline the facts of the incident, your injuries, and the legal basis for liability. If settlement negotiations are unsuccessful, you may file a civil complaint in the appropriate Pennsylvania Court of Common Pleas, such as in Franklin County if you were hurt at a business or property in Chambersburg. Your premises liability attorney will draft and file the complaint, serve the defendant, and initiate the litigation process.
Recovering Compensation Through a Premises Liability Claim
In Pennsylvania, a premises liability claim allows you to seek compensation for the full value of your damages, including both economic losses and non-economic losses. How much can you expect to recover? The answer will depend on several factors, including the severity of your injuries. You may be entitled to secure personal injury compensation for:
- Property loss;
- Emergency room care;
- Hospital bills;
- Other medical expenses;
- Loss of current and future income;
- Pain and suffering;
- Long-term disability; and
- Wrongful death.
Set Up a Free Case Review With a Top-Tier Chambersburg Premises Liability Attorney
At DiLoreto, Cosentino & Bolinger P.C., our Chambersburg premises liability attorneys are skilled advocate for injured victims. If you were hurt on another person’s property, please do not hesitate to contact us for a free consultation. With an office in Chambersburg, we handle premises liability cases in Franklin County and throughout South Central Pennsylvania.