Slip and Fall Attorneys in Pittsburgh

Whether you are a visitor or guest at another’s home or a patron at a business establishment, you have the right to expect that the property owner will maintain his or her property to ensure your safety. If you are injured and the property owner or other responsible party failed to properly maintain his or her property, you may have a claim for compensation for your injuries.

At the Pittsburgh law office of Caroselli, Beachler & Coleman, L.L.C., our premises liability attorneys hold property owners accountable for their negligence. Our experienced legal team represents clients throughout Pennsylvania in premises liability lawsuits, including those involving trip-and-fall accidents. We work closely with our clients, and we explore every potential legal avenue toward achieving a favorable settlement or verdict.

About Premises Liability Lawsuits

Premise liability cases commonly occur when an individual slips, trips or falls due to the presence of a hazardous condition on the property. Many different types of hazardous conditions can subject a responsible party to liability, including:

• Cracked or uneven pavement
• Slippery substances on a floor
• Accumulation of snow, ice or other debris on a sidewalk or parking lot
• Defective stairs
• Loose handrails
• Falling or fallen objects
• Dead trees and branches
• Broken tiles or floor boards
• Poor lighting
• Fires and explosions
• Exposure to toxic substances

Premise liability cases also involve claims arising from dog bites, swimming pool accidents and harm suffered from falling merchandise or due to inadequate security. In certain cases, they can also include third-party liability claims. For example, if a contractor worked on a building that contained asbestos and contracts mesothelioma or another disease, the contractor may have a claim against the building owner.

What Kind of Visitor were you When you Got Injured?

One of the major determining factors in whether or not an injured person will have a valid premises liability claim is what their visitor status was when they were on the other party’s property. Property owners and managers owe a duty of care to keep their premises safe, but their legal duty is not the same for each type of visitor.

There are three general categories of property visitors to be aware of:

Invitees

An invitee is someone who has explicit permission to be on the property, and their presence usually provides some type of benefit to the property owner or caretaker. For example, customers at restaurants, grocery stores, and retail shops are there to patronize the business. The same holds true for hotel and resort guests, children at a daycare center, or tenants that pay rent at a residential or commercial building. The highest duty of care is owed to those who are in the invitee category, and owners are required to be proactive and take all reasonable measures needed to ensure that the premises is safe and free of hazards.

Licensees

A licensee is someone who is still permitted to enter a property, but they usually do so for their own gain or for a neutral purpose. For example, a neighbor who comes over to visit would be in the licensee category, as would someone who was invited to a party at a private residence. Mail carriers and unsolicited salespeople would be other examples of licensees. Property owners still have an obligation to keep their place safe for licensees and free of any known hazards, but the main difference is that owners are not necessarily required to regularly inspect the property for dangerous conditions that are more difficult to uncover.

Trespassers

As you are probably aware, a trespasser is someone who enters a property without the permission of the landowner. As such, trespassers have far fewer legal options available when they get hurt on the property that they entered. The only obligation the owner of a property has (with regards to trespassers) is not to engage in any willful or malicious actions that might cause a trespasser harm. There is one possible exception when it comes to children. If there is a possibility that children might enter the property, then the owner must take steps to ensure that the children are not harmed and that they are adequately warned of any known dangers – this is known as the Attractive Nuisance Doctrine.

Skilled Pittsburgh Attorneys Aggressively Pursuing Owner Negligence Claims

In order to pursue a premises liability claim, it will be necessary to prove that the property owner or other responsible party caused the dangerous condition that lead to the accident or allowed that condition to occur. It must also be proven that the party either knew or should have reasonably known about the danger posed by the condition.

Just because you were injured on another’s property, you cannot simply assume the property owner will take responsibility. In fact, owners typically push back hard against premises liability claims, and there are a number of possible defenses they will use to try to avoid paying out damages. These may include:

• The hazardous condition that caused your injury was “open and obvious” to a reasonable person and therefore you should have seen it and avoided it.

• You got hurt in an area of the property that is restricted to visitors, which puts you in the category of a trespasser.

• You are the one at fault because you were not watching where you were going when the accident and subsequent injuries occurred.

The Open and Obvious Defense in Pennsylvania

The open and obvious defense is used by landowners to relieve themselves of liability for an injury that happens on their property. The general idea behind this principle is that if a hazardous condition could be clearly seen by a visitor and they can easily take steps to avoid it, then the owner is not liable if the visitor gets hurt – even if the owner did not warn visitors of the danger.

Exceptions to the Open and Obvious Defense

Simply establishing that a dangerous property condition is “open and obvious” does not necessarily absolve a landowner from responsibility if a visitor gets hurt because of it. There are some instances in which there may be exceptions.

In order to successfully overcome these or other defenses, you will need to obtain as much documentation as possible to help substantiate your claim. Start by taking multiple photos of the accident scene clearly showing the hazards on the property and the injuries you sustained. If you are not able to take these photos yourself, have someone nearby take them for you.

You should also create a detailed accident report as soon as possible while everything is fresh in your mind; and get statements from any witnesses who saw what happened. Finally, get prompt medical treatment and follow all of your doctor’s orders, and get in touch with our office at your earliest convenience.

At Caroselli, Beachler & Coleman, L.L.C., our Pennsylvania premises liability lawyers can assist you in determining if you can pursue a claim against the property owner or other responsible party. We are aggressive advocates of your rights.

Contact Our Pennsylvania Personal Injury Firm

Have you suffered broken bones, head trauma or another serious injury due to dangerous conditions on an individual’s or business’ property? Contact Caroselli, Beachler & Coleman, L.L.C., to speak with an experienced personal injury lawyer. We will assist you in evaluating and determining what action to take. Call us at 412-391-9860 in Pittsburgh or Western Pennsylvania, or toll free at 866-466-5789. You may also contact our personal injury firm online. Initial consultations are free and confidential.