Premises Liability Lawyer in Pennsylvania

PREMISES LIABILITY

These accidents are considered premises liability cases because one of the chief legal questions to determine is: who owns the location where the accident occurred and who was responsible for maintaining safe conditions there?

There is a common misconception that the entity, whether a private resident or a business, occupying the space automatically owns the property and thus is responsible for anything that occurs in or around it. However, many occupants are merely leasing the space from a landlord, who also has certain duties to keep the premises free from avoidable slip and fall risks.

Individuals who suffer a slip and fall injury in their workplace are entitled to file a claim for both workers' compensation from their employer and to negotiate or sue for compensation from the third-party landlord who owns the building or workspace.

Property and business owners and managers have a duty to keep their respective properties safe, including a duty to inspect the property and fix anything that may pose a danger. The extent of that duty is dependent on different factors, like what type of visitor the injured party was. Homeowners' duties are slightly different from other property owners' or business owners' duties.

What matters in the end is this: if you have been injured and it was due to a property or business owner's breach of their duty, you may be able to file a personal injury claim against them and/or their insurance company. At Pasquale E Bianculli Esquire PC, our personal injury attorney in Pennsylvania will provide the advocacy and representation necessary to obtain the compensation you deserve. Contact us at 215-620-7828 to schedule a Free Consultation.

Protect Your Rights

Why it's important to retain a Personal Injury Lawyer immediately after your accident!

HERE ARE THE REASONS WHY!

ACCIDENT SCENE INVESTIGATION. It is critical for your case to conduct a thorough investigation of an accident scene promptly before the scene changes. The preparation and proving of your personal injury lawsuit begins immediately after the accident injury which is why the firm's Accident Injury Response System “AIRS” is rapidly implemented.

“The One Call To Do it All!” is about convenience. When injured on a premises liability accident injury on other accident injury site, immediately notify your immediate supervisor and then make The One Call To Do It All by contacting Pasquale E Bianculli at 215-356-8033 to launch our Accident Injury Response System “AIRS.” This is critical as the gathering of evidence for a potential lawsuit requires rapid response and the comprehensive and exhaustive investigation system that “AIRS” provides. My law firm and “AIRS” will handle every aspect of your injury claim. We will investigate your accident to gather evidence and identify responsible parties. We will track your damages and calculate the value of your claim. Most importantly, we will offer you compassionate legal advice at every stage of your claim.

To adequately meet the needs of our personal injury clients, a comprehensive system “AIRS” was established to provide support throughout the entire legal process. This can be accomplished through multiple steps, including:

1. Initial consultation: The client should be provided with a comprehensive consultation with an experienced personal injury attorney. This initial consultation can provide the client with an overview of the legal process, information on available options, and the potential outcomes of the case.

2. Personalized representation: It is crucial that the attorney provides personalized representation for the client. This involves conducting thorough client interviews, gathering all of the necessary facts and supporting documentation related to the case, and presenting a customized strategy for handling the negotiations, communication with insurance providers, and litigation if necessary.

3. Case management: Managing a personal injury case involves bringing in a team of trained professionals to handle and evaluate all of the details involved in the legal process. This entails obtaining all of the medical records and accident reports, filing necessary paperwork to establish a claim and manage billing, and conducting any essential investigations.

4. Ethical representation: Choosing ethical representation is vital to your client's case's success. Honesty, trust, and good communication with your client are the cornerstone of any reputable law firm.

5. Communication and updates: Keeping the client informed about the progress of the case is essential to ensuring that they feel supported during what can be a complex and challenging time. Once engaged, provide them with regular updates to make sure they feel in control and informed about the progress of the case.

6. Final resolution: Providing support throughout the entire process, including final resolution, includes ensuring that the client has received the maximum amount of compensation available, and all possible medical treatments have been covered. When a settlement is reached, ensure the final agreement anticipates future related conditions and provide a safety net for your client as they move through their recovery.

Having such a comprehensive system in place like the Accident Injury Response System “AIRS” ensures that the needs and rights of the client are at the core of every decision and action taken throughout the legal process. By communicating regularly, providing personalized legal representation, managing the case and filing all the necessary paperwork, and providing emotional support, a competent personal injury law office can provide the professional assistance and guidance needed for a successful outcome.

WE'LL WORK TIRELESSLY TO GET FAIR COMPENSATION FOR YOUR INJURIES

“The One Call To Do It All” is about results. My professional accident investigators will gather vital information to determine cause and to identify liable parties. The sooner case preparation can begin, the more opportunity I will have to effectively litigate or negotiate a settlement on your behalf.

Trust An Experienced, Full-Service Law Firm To Handle Your Personal Injury Claim From Start To Finish.

After an injury, a client should not feel abandoned and be left in the dark. They want to know that the matter is progressing in the direction of their desired outcome. Furthermore issues regarding medical treatment, insurance and other matters related to the case must be addressed by counsel. When clients do not receive updates from their attorneys, they begin calling the office and leaving messages that often go without response. This lack of communication is one of the leading complaints received by attorneys from new clients from previous firms. While it maybe just another case to a larger well known firm, to me and my firm it is the most important issue in my client's life. This is one reason I developed “AIRS”, an efficient system for responding to clients and maximizing results. The Accident Injury Response System “AIRS” provides immediate response once the firm or me personally receives “The One Call To Do It All.” In developing the Accident Injury Response System “AIRS” I provided for the injured client a system which would provide a team of professionals each equipped with their own skills set, from the immediate intake meeting and acquisition of representation agreement and authorization documents with me whether at their home, hospital 24/7 or by Zoom call and emailed appropriately. The documents are provided in the Contact secured section of the website which you can print out and complete. ( Retainer Agreement, Medical Authorization Forms, Client Accident Injury Intake Form.) Upon acquisition of these documents and any other relevant forms and documents to the accident AIRS would be fully implemented by having our team of medical personnel see that the client(s) are receiving the required medical treatment. Depending on the type of accident injury whether a construction versus a motor vehicle the Accident Injury Response System AIRS will promptly be implemented when we receive The One Call To Do It All. We will conduct a thorough and comprehensive investigation accompanied by a subsequent analysis of all cumulative information and evidence utilizing general System protocols, procedures by our knowledgeable and experienced network of professionals. In addition there will be specific detailed accident injury methods of investigation employed through AIRS to ensure an exhaustive investigative process and analysis to support our client third party liability claims for a maximum settlement recovery. If an accident injury presents a workers compensation and third party liability lawsuits, we will maintain consistent and informative communication with client(s) on all third party claim issues as well as with client(s) and with a workers compensation attorney if one is involved to ensure the workers compensation positively impacts on the third party claims we are representing on your behalf. Our personal accident injury attorneys and OSHA trained safety personnel, photographers, witness interviewers, and staff will rapidly visit the accident site to initiate the System process to protect your rights and maximize your settlement compensation recovery.

PRESERVE EVIDENCE. IT IS CRITICAL TO PROTECT YOUR RIGHTS!

An important part of personal injury representation is to promptly secure evidence before such evidence is destroyed. In many cases, it is in the best interest of defendants and their insurance companies to see that vital evidence is destroyed so that such evidence cannot be used against them. It is our role to take prompt and necessary action to ensure that all critical evidence are secured and maintained in a controlled environment to preserve the evidence. Evidence can dissipate over time and the scene of an accident may change. This is the reason that our ‘AIRS” personal injury attorneys, OSHA trained safety experts, and knowledgeable and experienced staff immediately visit the accident site to preserve the evidence in order to prepare and prove your case by taking photographs, interviewing witnesses and taking statements. This may also include police reports, medical records, hospital records, video surveillance as the investigation continues over time.

Upon receiving the call I will immediately respond by either visiting the client at home or hospital to generate an agreement of representation so that the system can be launched into action for the client. If a client cannot see me an agreement can be emailed so there is no lapse of rapid response. Upon receipt of representation agreement, a team of professionals, each equipped with their own unique area of expertise are assigned to gather intake information, visit accident site with photographers and interview personnel. The System will coordinate the collection of evidence that supports the elements of your lawsuit including but not limited to medical records, have experienced attorneys in plaintiff and defense insurance law negotiate with insurance carriers and their counsel. From the initial The One Call To Do it ALL to meeting with accident injury victim at the hospital or home will commence the AIRS. Myself and other OSHA trained attorneys, and intake personnel, investigators, photographers, interviewers, accident reconstruction experts, medical professionals, safety trained staff and legal representation in personal accident injury law will respond immediately. The focus was to satisfy every aspect of the legal process, that the client need only have to make The ONE CALL To Do IT ALL. And it is this call that the system will do the rest by having someone always there to answer any and all your questions, and satisfy and resolve your concerns. You will never feel ignored or disregarded as I will not only serve as legal counsel but also be your advocate in making sure the system meets all your needs and at the end arrives at a successful resolution. My background in the construction industry has given me the tools to be a thoroughly effective attorney, and the impressions left on me from this time allowed me to always see and treat the client, first and foremost, as a person who has been traumatized and is now in need. Accompanied with the successful legal advocacy of my firm and Fritz and Bianculli LLC in being client focused and results driven we are The One Call To Do It All. There is no FEE UNTIL WE WIN!!! CALL!!! More details found on #PEBAIRS or #TheOneCallTODoItAll.

WITNESS INTERVIEW. For most people, memories fade as time passes. As your legal counsel, I will want to interview witnesses as soon as possible following an accident so that an accurate account of the accident can be obtained.

STATEMENTS AGAINST INTEREST. Immediately following an accident, insurance company representatives and others acting on behalf of those who may be liable for causing the accident will usually try to contact the injured party or their loved one. If they call you, the purpose of their call is not to convey their apologies, admit liability, or to tell you how they are going to fully compensate you for your injuries, but to trick you into making statements against your interest that they will use at a later date. Most injury victims dread dealing with the insurance companies. Rightly so. Insurance companies won't make your life easier during this difficult time. They'll look for ways to deny and devalue your claim, including blaming you for the accident and accusing you of failing to mitigate damages.We'll protect you from the insurance company's unfair tactics. We will handle all communications and negotiations with the insurer. We will help you hold them responsible for all your damages and ensure you get fair compensation after your injury

Types of Visitors in Premises Liability Cases

The extent of liability a property or business owner has is dependent on the type of visitor the injured party is. There are three types of visitors: trespassers, licensees, and visitors.

Trespassers

Trespassers are not authorized to be on the property. There is no duty to protect trespassers but a property or business owner or manager cannot willfully harm a trespasser. There are two exceptions:

When landowners know that trespassers frequent the property, there could be liability for an injury if:
The owner created or maintained a dangerous condition.
The condition was likely to cause serious bodily injury or death.
The owner believed or had reason to believe trespassers would discover the condition.
The owner breached the duty to take reasonable care to warn trespassers of the condition.
When the trespasser is a child, the property owner has a duty to inspect the property for potentially dangerous conditions that may attract a child. The property owner must take action to correct the unsafe condition. This is known as an attractive nuisance.

Licensees

Licensees, like dinner guests or meter readers, are foreseeable visitors who are on the property with the owner's express or implied permission but not for the owner's financial benefit. Homeowners and occupiers or renters have a duty to take reasonable care to protect licensees from any known hazards on the property, but there is no duty to inspect the property for hazards.

Invitees

Invitees, like customers in a store, are foreseeable visitors who are on the property with the owner's permission and for the owner's benefit. The highest level of responsibility is with invitees, where property owners or occupiers owe a higher duty to keep the premises safe and to inspect for any dangers and then, if a dangerous situation, take appropriate action to address it.

Types of Premises Liability Claims in Pennsylvania

There are a wide variety of ways for property hazards to cause an injury. Some of the most common include:

Slip and fall accidents
Falling objects, like at construction sites
Hazardous or toxic chemical exposure
Defective stairs or railings
Poorly maintained balconies or decks
Poorly guarded or maintained swimming pools
Pool accidents or drowning
Escalator or elevator accidents
Inadequate or negligent security
Dog bites
Snow and ice accidents
Inadequate security
Inadequate maintenance of premises
Other defective conditions on premises

When the injuries sustained in these accidents prove to be fatal, it can lead to a wrongful death claim.

Personal Injuries and Premise Liability in Pennsylvania and New Jersey

Premises liability claims are often founded on the negligence of a property owner or entity. Negligence is the failure of that property owner to provide a certain level of care that is reasonably expected or required of them by law. When a person is injured because of that negligence, the injured party can claim or sue for personal injuries.

Common personal injuries in premise liability cases include but are not limited to:

Broken bones
Electric shocks
Burns
Bruising, contusions, internal bleeding
Spinal cord injuries
Neck injuries
Head injuries
Paralysis
Scarring and disfigurement
Death

You may also suffer pain and suffering and emotional distress caused by the accident and/or any of the above injuries.

Who Can Be Held Accountable in a Premises Liability Claim in Pennsylvania and New Jersey?

Premise liability claims are brought against the owner or occupier of a piece of property. As such, people or entities most likely to be held accountable are:

Property owners
Property management
Business owners
Renters or other occupiers

Keep in mind that your personal injury or wrongful death claim will be filed against the insurance policy that covers the property. In some cases, you may also file a claim against the individual property owner or occupier.

Defenses Property Owners Use in Pennsylvania and New Jersey Personal Injury Claims

Property owners and/or their insurance company or the insurance adjuster will try to defend themselves. There are three main doctrines that are often employed as defenses: assumption of risk, comparative negligence, and contributory negligence.

Assumption of Risk

The assumption of risk doctrine suggests that you as the victim/plaintiff voluntarily assumed a risk of harm that may have arisen from the negligent or reckless conduct of the defendant, and as such, you cannot recover for the harm. Under this theory, you enter into a risky situation knowingly and therefore cannot claim damages when/if an injury occurs. The defendant must show that you knew or were aware of the danger or risk but undertook it anyway.

Comparative Negligence

Comparative negligence is a partial legal defense in the sense that the plaintiff can still recover if the defendant is successful, but the plaintiff's recovery will be reduced according to their own negligence contributing to the injury. Comparative negligence is a doctrine that most U.S. states follow. There are, however, three different categories of comparative negligence:

Pure, under which damages are awarded based on the assigned fault determined by the court;
Modified using the 50 percent bar rule, which means the plaintiff cannot recover damages if they are found to be 50 percent or more at fault; and
Modified using the 51 percent bar rule, which means the plaintiff cannot recover damages if they are found to be 51 percent or more at fault.

Contributory Negligence

Contributory negligence is a doctrine where the plaintiff cannot collect damages if they are found to be at fault in any shape or form. That means, even if one percent is at fault, injured parties cannot recover 99 percent of their damages from the other party. Only a handful of states still adhere to this doctrine.

AtPasquale E Bianculli Esquire PC, we will address and counter any defenses the other party invokes. We have a thorough understanding of the law and will build your premises liability case accordingly.

Why Hire a Premises Liability Lawyer in New Jersey

Premises liability cases can be complex. You need a premises liability and personal injury lawyer not only for the latter reason but for these reasons as well:

You will get the legal representation you need and avoid delays and pitfalls because of it.
You will level the playing field between you and the property owner, who sometimes can have resources that severely outweigh your capabilities.
An experienced personal injury lawyer will account for all potentially recoverable damages so that you get the compensation you deserve.
If a fair and just settlement is not negotiated, you can rest assured that you will be well-represented if the case goes to trial.

Contact a Premises Liability Lawyer in Pennsylvania Today

Do not suffer in silence. Our personal injury lawyer in Pennsylvania will be your voice during this difficult time. At Pasquale E Bianculli Esquire PC, we know the law and have the resources to investigate and build your case. Contact us today at 215-620-7828 or fill out our online form to schedule your Free Consultation.