How to Win a Pennsylvania Premise Liability ClaimPa Accident News
Property owners must ensure that their premises are reasonably safe so that anyone who enters is not in danger of suffering physical bodily harm due to some peril. Negligent property owners who fail to do this can be held accountable when an injured party files a premise liability claim against them. Premise liability claims that are successful can help a victim financially pay for their losses. Though, to win a claim certain elements must be present in one’s case.
The Pennsylvania premise liability attorneys at Edelstein Martin & Nelson, LLP understand what is needed to build a strong claim for the most compensation possible. It is imperative that a claim helps a victim cover all of their losses including payment for medical expenses, lost wages, emotional distress, and pain and suffering.
What Can Cause A Premise Liability Suit to Be Unsuccessful?
There are several factors that will contribute to a legal action having a favorable outcome for the plaintiff or being unsuccessful in securing financial compensation. Understanding what is needed for a strong premise liability claim and what things can jeopardize a claim is important for obtaining the desired results of winning and being paid. Consider the following issues that can lead to a loss of a premise liability claim:
- Insufficient evidence proving the property owner was negligent and liable for the injury accident that caused the plaintiff’s physical bodily harm will not return a successful claim.
- Lack of documented and diagnosed fall injuries. A claim will not yield positive results for a plaintiff without proof that injuries resulted from a premise liability incident.
- The property owner can show that they had no duty of care to the plaintiff.
- The plaintiff’s own behavior and actions are deemed to be more than 50% responsible for the injury accident happening. In this case, the plaintiff will lose their case.
- Assumption of risk existed in the case. This legal doctrine explains that when a plaintiff knew a hazard on a property that could hurt them, yet, they ignored this reality and willingly entered the property their harm is their fault.
- Each state has its own statute of limitations for how long a plaintiff has to file a civil suit like a premise liability claim. Failure to file by Pennsylvania’s premise liability statute of limitations will likely mean a case will be thrown out and a plaintiff will lose their chances for obtaining compensation.
- The property was reasonably maintained and the plaintiff cannot show that there was a failure to take action for keeping the premises sound.
- If it can be shown that the defendant legitimately did not know of a peril on their premises for them to fix, then they may not be held liable for paying a plaintiff.
Speak to an Attorney at Edelstein Martin & Nelson Today
After sustaining injuries in an accident that was caused through no fault of your own, it is best to consult with an attorney to determine if certain elements exist which make it appropriate to file a claim. The Pennsylvania personal injury attorneys at Edelstein Martin & Nelson welcome you to call (215) 731-9900 to schedule a free consultation where you can go over your slip and fall experience.