Protecting Accident Victims Throughout Western Pennsylvania.

Call 412-391-6636 for a free case consultation.

THE HOMYAK LAW FIRM, P.C.

Protecting Accident Victims Throughout Western Pennsylvania.

The basics of outdoor premise liability

| Jan 19, 2021 | Uncategorized

A slip and fall injury in Pittsburgh, Pennsylvania happens more often than other types of injuries, especially outdoors. While injuries can occur any time of the year, bad weather often raises the risk slip and falls. Premises liability gives the injured party the right to sue for injuries.

Proving a case

Premises law states that property owners have an obligation to keep their property safe. Though state laws vary, the plaintiff usually has to prove some of the same basic factors.

The owner has to be in control of the property according to law. For example, they won’t usually be held liable for sidewalk incidents, since most cities and municipalities own them. The plaintiff also has to show the defendant breached their duty, and it caused injury.

However, they still might not be held liable if they didn’t know about a hazard in a reasonable time. For example, an overnight storm could cause tree limbs to fall before the owner knows about them.

Some states may also consider the status of the plaintiff, such as trespasser or expected person. An expected person could refer to a customer or a licensee. A trespasser may not have a case, since property owners don’t have the same obligations to them.

Common outdoor injuries

An attractive nuisance is something that attracts children and may cause them to come on the property and get injured. An attractive nuisance could include swing sets, sand piles, gravel pits, pools, and trampolines.

Laws don’t usually hold property owners for natural snow accumulation. However, they are required to remove snow and ice within reasonable time.

The lack of lighting on a property frequently causes slip and falls. A property owner could be held liable for inadequate lighting in parking areas or on the grounds.

Premises liability allows plaintiffs to be compensated for time off work and medical bills. If an injured feels neglect caused their injury, a lawyer may be able to prove the case.