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.

About Premises Liability Lawsuits in Pittsburgh, PA

Premises liability is an important area of personal injury law that deals with the responsibility of property owners and occupiers to ensure their premises are safe for visitors. When someone suffers an injury due to hazardous or unsafe conditions on another person’s property, they may be entitled to compensation through a premises liability lawsuit. In Pittsburgh, PA, as in the rest of Pennsylvania, property owners—whether private homeowners, business operators, or government entities—have a legal duty to maintain their premises in a reasonably safe condition.

Premises liability cases commonly occur when individuals slip, trip, or fall due to dangerous or poorly maintained conditions. However, these cases can involve a wide range of scenarios beyond slips and falls. Understanding what constitutes a premises liability claim and the types of hazards that can lead to legal action is essential for injury victims and property owners alike.

Common Causes of Premises Liability Claims

There are a variety of hazardous conditions that may give rise to a premises liability lawsuit. Below are some of the most common:

1. Cracked or Uneven Pavement

Sidewalks, driveways, and parking lots with cracks, holes, or uneven surfaces are a common cause of trips and falls. If a property owner is aware of these defects and does nothing to fix or warn about them, they may be held liable for resulting injuries.

2. Slippery Substances on a Floor

Spilled liquids, recently mopped floors, or grease can create slip hazards. Grocery stores, restaurants, and other commercial properties are frequent sites of slip-and-fall accidents caused by slick surfaces. Businesses must promptly clean up spills and post warning signs to avoid liability.

3. Accumulation of Snow, Ice, or Debris

Pittsburgh’s cold winters make snow and ice a common danger. Property owners must clear walkways, stairs, and parking areas within a reasonable time after a snowfall to prevent accidents. Failure to remove ice or snow—or at least to warn people of the danger—can result in legal liability if someone is injured.

4. Defective Stairs

Loose, broken, or improperly built stairs can easily lead to falls. If handrails are missing, broken, or not up to code, the risk increases. Property owners are responsible for maintaining staircases in a safe condition and may be held accountable for any injuries caused by neglect.

5. Loose or Missing Handrails

Handrails provide crucial support on stairways, especially for older adults or those with mobility issues. A missing or poorly installed handrail can contribute to a serious fall, and the property owner may be liable for failing to provide this necessary safety feature.

6. Falling or Fallen Objects

Improperly secured shelves or stored items can fall and strike individuals. Retail stores, warehouses, and even residential properties can be the sites of these types of accidents. Property owners must ensure that objects are stored securely to avoid injury.

7. Dead Trees and Branches

Dead or decaying trees and branches pose a serious danger, especially during storms or high winds. If a tree limb falls and injures someone on the property—or on a neighboring property—the landowner may be held responsible if they knew the tree was hazardous and did not act to remove it.

8. Broken Tiles or Floorboards

Loose or cracked tiles and warped floorboards can cause visitors to trip. Landlords, store owners, and other property managers should regularly inspect floors and repair or replace damaged materials to prevent accidents.

9. Poor Lighting

Inadequate lighting in hallways, stairwells, parking garages, and entryways can conceal hazards and contribute to falls or other accidents. Good lighting is a basic requirement for safe premises, and failing to provide it may result in liability.

10. Fires and Explosions

Fires caused by faulty wiring, unattended open flames, or flammable materials can lead to devastating injuries. Property owners who fail to maintain fire safety systems or who do not comply with fire codes can be sued for injuries sustained in a fire-related incident.

11. Exposure to Toxic Substances

In some cases, property occupants or workers may be exposed to harmful substances like mold, lead paint, or asbestos. If the owner failed to disclose known dangers or did not take reasonable steps to remediate the issue, they could face liability for illnesses caused by exposure.

Other Types of Premises Liability Claims

Beyond hazardous conditions, premises liability law in Pittsburgh also covers incidents such as:

Dog Bites and Animal Attacks

Pet owners have a duty to control their animals and prevent them from harming others. If a dog bites a visitor on private property or attacks someone in a public place, the dog’s owner can be held responsible under Pennsylvania’s dog bite laws, particularly if the dog had a history of aggressive behavior.

Swimming Pool Accidents

Swimming pools present multiple risks, especially to children. Inadequate supervision, lack of fencing, slippery pool decks, and absence of warning signs can all contribute to serious or fatal injuries. Pool owners must take extra precautions to prevent accidents and are often found liable when they fail to do so.

Injuries from Falling Merchandise

Retailers are responsible for safely stocking shelves. When heavy items are improperly stored or stacked too high and fall on a customer, the store may be found negligent and liable for injuries resulting from the falling merchandise.

Inadequate Security

In certain situations, a property owner may be held liable for crimes committed on their property if it can be shown that they failed to provide adequate security. This includes places like apartment buildings, hotels, and shopping malls where assaults, robberies, or other crimes might have been preventable with reasonable precautions such as security cameras, proper lighting, or trained personnel.

Third-Party Liability in Premises Cases

In some cases, a third party may also be responsible for the hazardous condition. For instance, if a contractor worked on a building that contained asbestos and later developed mesothelioma or another asbestos-related disease, they may have grounds to file a claim against the property owner, particularly if the owner knew about the asbestos and failed to inform the contractor or take steps to mitigate the risk.

Similarly, if a property management company is hired to maintain a commercial building and neglects routine inspections or repairs, they too could be held liable for resulting injuries—even though they do not own the building.

Legal Requirements and Burden of Proof

In order to succeed in a premises liability lawsuit in Pittsburgh, the injured party (plaintiff) must prove the following elements:

1. The defendant owned, leased, occupied, or controlled the property.
2. The defendant was negligent in the use or maintenance of the property.
3. The plaintiff was injured as a result of that negligence.
4. The plaintiff suffered damages (medical expenses, lost wages, pain and suffering, etc.)

It’s also important to note that Pennsylvania law follows a comparative negligence rule. This means that if the injured person is found to be partially at fault for the accident (for example, if they ignored a warning sign), their compensation may be reduced in proportion to their percentage of fault. If they are found to be more than 50% at fault, they may be barred from recovery altogether.

Premises liability lawsuits are more than just slip-and-fall cases. They encompass a broad range of incidents caused by unsafe conditions on another person’s property. Whether it’s a cracked sidewalk in a Pittsburgh neighborhood, a fall due to poor lighting in a parking garage, or a dog bite at a friend’s house, victims have the right to seek justice and compensation for their injuries.

If you or a loved one has been hurt on someone else’s property in Pittsburgh, PA, it’s crucial to speak with a qualified premises liability attorney. They can help you understand your rights, evaluate your case, gather evidence, and fight for the compensation you deserve.

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.