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Injured on Someone Else’s Property in Pennsylvania: What To Do

Have you been injured on someone else’s property? If so, you’re not alone. 

Cases like these are some of the most common types of personal injury cases that Pennsylvania residents file every year. The good news is that whether it’s a grocery store, apartment complex, or private residence, Pennsylvania law gives everyone the right to seek compensation for their losses, especially when the conditions on the property are unsafe.

However, getting injured on someone else’s property doesn’t lead to automatic compensation. Before that can happen, you’ll need to gather evidence, prove fault, and successfully navigate the complex legal system, all of which can be particularly difficult when recovering from a debilitating injury. 

If you’re dealing with the aftermath of a recent personal injury on someone else’s property, here is everything you need to know to get the compensation you deserve. 

Understanding Premises Liability Laws in Pennsylvania

Cases involving injuries on someone else’s property fall under Pennsylvania’s premises liability law. 

This law essentially states that property owners have a legal obligation to maintain safe conditions for anyone who lawfully visits the property. If the property owner fails to do this, and someone gets injured, Pennsylvania premises liability law states that the victim has the right to seek compensation from the property owner for their injuries. 

For example, think about a storefront after a recent snowstorm. The owner of the store has an obligation to keep their property safe, which would include ensuring the sidewalk and entrance of their store are free of ice and snow. If the store owner fails to do this, and a customer visiting the store slips, falls, and hurts themselves, the store owner is at fault, and the customer may be able to pursue compensation. 

However, there are exceptions to this rule. Pennsylvania law also considers the circumstances surrounding the visit. If the victim was acting unreasonably reckless or negligent ,or they were unlawfully trespassing, either of these circumstances could put them at fault and disallow them from seeking compensation. 

Every case involving an injury on someone else’s property is different, and there is no way to know whether you have a case or not without knowing the details. So, if you have been injured on someone else’s property and are unsure about whether you have a valid case, you should seek out legal advice from a reputable Pennsylvania personal injury attorney immediately.

What To Do If Injured on Someone Else’s Property in Pennsylvania

What you do in the immediate aftermath of an injury on someone else’s property can have a huge effect on the outcome of your case. 

Get Medical Help

Your health and safety are always the first priority, so the first thing you should do after an accident is always to seek medical attention as quickly as possible. 

Even if the injury seems to be minor, the initial adrenaline release after an accident could be covering up symptoms that you don’t yet realize you have. This is also an essential step because medical records can serve as key evidence later on in the process. 

Document the Scene of the Accident

Once you are sure you’re safe, the next step is to document the scene of the accident. Take as many pictures of the site of the accident, your injuries, and any damaged property as possible, as this is all crucial evidence that you’ll need later. 

You should also try to get the contact information of any witnesses and file an incident report with the property owner. This again creates an official record of the accident, helping establish when and where the accident occurred. 

Be Careful What You Say

Whatever you do, don’t make any statements to anyone that could potentially put the blame for the accident on you. Insurance companies will do everything they can to ensure that they don’t have to pay for any damages, and if they can, they will use anything you say against you. 

Instead, contact a lawyer immediately and let them handle the rest of the process for you, as this gives you the best chance of winning your case and getting the compensation you deserve.

Proving Fault in a Pennsylvania Premises Liability Claim

The key to any premises liability claim is being able to prove fault. In order to receive compensation, you will need to prove that the property owner had a duty of care which they failed to uphold, and that this directly resulted in the personal injury. 

This is why gathering evidence in the immediate aftermath of the accident is so important. Without sufficient evidence, there is no way to prove that the conditions on the property were truly dangerous or that the property owner knew about them and then failed to take reasonable steps to address those dangerous conditions.

Potential Compensation for Injuries on Someone Else’s Property

Knowing the exact amount of personal injury compensation that a victim should receive is impossible without knowing the specifics of the case. However, compensation for these types of accidents can include damages from everything from medical expenses and lost wages to emotional distress and reductions in everyday quality of life. 

Regardless of the specifics of your case, the best way to get a solid estimate of what your case may be worth is to talk to an experienced personal injury lawyer who will be able to analyze the details of your case.

Contact HoeyLegal Today

Are you the recent victim of an injury on someone else’s property? Are you looking for an experienced attorney whom you can trust to help? Give us a call at (610) 647-5151.

Our team of legal experts is always here to answer your questions, and we’ll happily tell you more about how we can help you get every penny of the compensation you deserve. We’ll even help you schedule a free legal consultation, so that we can get to know your case and offer you expert legal advice to help you determine the best path forward.

Don’t suffer through your personal injury alone. Contact HoeyLegal and get the expert lawyer you need to win your case today.

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Distracted Driving

Pennsylvania defines distracted driving as “an activity that could divert a person’s attention away from the primary task of driving.” Drivers have to focus on driving, so they can react to the information on the road, such as road conditions, hazards and other drivers. Distracted drivers do not react appropriately and thus put others at risk for severe injury or death. Examples of distractions, besides using cell phones and texting, include drinking, eating, adjusting the radio, adjusting climate controls, adjusting seats, combing hair, putting on make-up, daydreaming, reaching for dropped items, engaging in heavy conversations, and focusing on events outside of the car.

Driving Under the Influence

Driving under the influence typically refers to alcohol use, but drug use can also impair drivers and cause severe car accidents.  In either situation, enjoying cocktails at happy hour, celebrating with drugs or alcohol, drinking too much wine for dinner and unwinding after a long week at work results in too many motorists driving under the influence.  Controlled substances impact each person differently, making it common for someone to misjudge his or her level of impairment.  These poor judgments can lead to severe and sometimes fatal car accidents.

Driver Fatigue

Driving without enough sleep is commonplace for many in the Commonwealth of Pennsylvania and across the nation. Truck drivers, shift workers, and those with sleep disorders are most vulnerable to causing an accident because they are drowsy or fatigued. Not having enough rest slows down reaction time and impairs the senses. In fact, the Federal Motor Carrier Safety Administration (FMCSA) claims that eighteen (18) hours without sleep impairs a driver to the same extent as someone who has a 0.08 blood or breath alcohol concentration after consuming alcohol.

Speeding

The National Highway Transportation Safety Administration (NHTSA) estimates that one-third of all car accidents involve speeding. Drivers who rush, run late, or simply lack patience may choose to speed when they get behind the wheel. Speeding makes it more likely that a driver will lose control of his or her vehicle and makes it more difficult to react to road hazards and other vehicles. Speeding also increases the impact of a car accident and makes it far less likely that a negligent driver may maintain control of his vehicle sufficient to prevent a collision. High speed car accidents make it far more likely that those involved will suffer severe injuries or death.

OBTAIN NECESSARY COURT ORDERS TO PRESERVE EVIDENCE

At HoeyLegal, we know from our litigation experience that tractor-trailer drivers often operate at least one cellular phone which is in use at, during, or immediately prior to a tractor-trailer accident. Additionally, most tractor-trailers are equipped with data recorders which capture, in real-time, important vehicle operation events including speed, hard braking and other evasive maneuvers taken by the operator and the tractor-trailer.  It is imperative that this evidence be obtained before it is destroyed.  At HoeyLegal, our trial attorneys will obtain any necessary court order to preserve this evidence for trial.

IDENTIFY ALL AT-FAULT DEFENDANTS

Oftentimes, there are several defendants responsible for the tractor-trailer accident. In most cases, at least two defendants are responsible for the ownership and operation of the tractor-trailer.  There may be additional defendants responsible for the hiring and retention of the tractor-trailer driver.  At HoeyLegal, our investigators will promptly identify the responsible defendants and immediately request the preservation of all evidence related to the hiring and retention of the driver, inspection of the vehicles and the supervision and drug/alcohol testing of the vehicle operator.

LOCATE, EXAMINE AND INSPECT THE TRACTOR-TRAILER

Our accident investigators include mechanics who will immediately respond to the accident site and the location where the truck has been impounded in order to photograph the truck and conduct necessary mechanical inspections of the vehicle. In the event that a court order is necessary to examine and inspect the trucks, HoeyLegal Attorneys will promptly file the necessary motions to enable the HoeyLegal mechanics and inspectors to conduct a prompt evaluation of the mechanical function of the at-fault tractor-trailer

ACCIDENT RECONSTRUCTION

Our expert accident investigators include former Pennsylvania State Police accident investigators and nationally recognized engineers who will carefully photograph the accident scene and conduct all necessary measurements of skid marks, yaw marks, displacement of debris and thoroughly examine the accident site to preserve all evidence for the time of trial.

INTERVIEW ALL WITNESS

Our investigators will promptly interview and record all witnesses that observed the accident and collect all biographical information from the witnesses so they will available to testify on your behalf at trial.

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