Delaware County Premises Liability Lawyers

Get the justice you deserve with experienced Delaware County premises liability lawyers.

Premises liability accidents are a growing concern in Delaware County, contributing to more emergency room visits each year.

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Bridget is the consummate attorney. She walked me through the process and stayed in touch with me while my claim processed. I knew I could call her anytime with any questions and she is up front and honest. I’m so grateful to have had her on my case.

Lisa Adams

Muller Brazil Client

I am so thankful for Muller Brazil. My medical bills were taken care of which was the most important thing for me going forward. I feel like i got vip service ... Thanks again y'all.

Karl Tiedemann

Muller Brazil Client

Leigh went above and beyond always for me on my case. She sent me updates often and made me feel important. Which is the case got overwhelming at times, Leigh always made me feel at ease and worked tirelessly for me. She is exceptional at what she does and concerns for her clients. Continued Blessings Leigh!

Cynthia LaShunn Chism

Muller Brazil Client

Understanding Premises Liability Laws

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Slip and falls alone account for over 1 million ER visits annually in the U.S., highlighting the seriousness of these incidents (NFSI). With thousands of claims filed yearly, understanding these laws is necessary. With our deep knowledge of local premises liability laws, the experienced attorneys at Muller Brazil are dedicated to guiding you through the legal process, ensuring the best possible outcome for your case.

Distinct Legal Categories of Visitors

Pennsylvania premises liability laws categorize visitors into three main groups: invitees, licensees, and trespassers. Each category is owed a different level of care by the property owner. This classification is somewhat similar across states, but the specific duties and legal implications can vary. Establishing who you are is the first part of identifying what compensation may be owed to you.

Invitees: These are individuals who are on the property for the benefit of the property owner (e.g., customers in a store). The property owner owes the highest duty of care to invitees, which includes regularly inspecting the property for hazards and addressing them.
Licensees: These are visitors who are on the property with the owner’s permission but not for the owner’s benefit (e.g., social guests). The owner must warn licensees of known dangers that are not obvious.
Trespassers: These are individuals who enter the property without permission. Property owners owe the lowest duty of care to trespassers, generally not to intentionally harm them.

Pennsylvania State Laws Overview

In Pennsylvania, premises liability laws protect individuals from harm caused by unsafe conditions. Property owners, landlords, and even tenants can be held liable if they fail to address hazards such as wet floors, broken stairs, or inadequate security measures. The law requires property owners to take reasonable steps to guarantee their property is safe, especially in areas where visitors are expected, such as walkways, parking lots, and public spaces.

Modified Comparative Negligence Rule: Pennsylvania follows a modified comparative negligence rule, which means that if the injured party is found to be partially at fault for their injury, their compensation can be reduced by their percentage of fault. However, if they are found to be 51% or more at fault, they are barred from recovering any damages.

Delaware County follows Pennsylvania’s state laws on premises liability, but local ordinances can also impact these cases. For example, specific building codes and safety regulations in Delaware County may influence the outcome of a premises liability claim. These local rules can be particularly relevant in cases involving older buildings, where code violations might contribute to an unsafe state.

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Delaware County Premises Liability Lawyers | Muller Brazil

Common Types of Premises Liability Cases

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Premises liability incidents can happen in various settings, and knowing the most common types can help you understand your rights and what to expect.

Slip and Fall Accidents

Slip and fall cases are a leading cause of premises liability claims, particularly in high-traffic areas like:

grocery stores
shopping centers
and public sidewalks

Uneven pavement, wet floors, and poorly maintained walkways are frequent culprits in these incidents, which often result in serious injuries.

Dog Bites and Animal Attacks

Property owners are responsible for making sure that their pets do not pose a danger to visitors. In Pennsylvania, strict liability laws hold owners accountable for any injuries caused by their animals, regardless of whether the animal has a history of aggression (PA.GOV) . Dog bites are a common issue, especially when animals are not properly restrained.

Negligent Security

Inadequate security measures can lead to severe harm, especially in places like:

apartment complexes
parking lots
or entertainment venues

Property owners must guarantee adequate lighting, security personnel, and surveillance to protect visitors. Negligent security cases often arise in areas with higher crime rates, where the failure to provide sufficient safety measures can have devastating consequences.

Pool Accidents

Residential and community pools require stringent safety protocols to prevent accidents, particularly involving children. Property owners must:

install proper fencing
maintain the pool area
and post clear warning signs

In Delaware County, pool accidents are often linked to failures in these safety measures, leading to preventable injuries or even drownings.

How to File a Premises Liability Claim

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Filing a premises liability claim can be a complicated process, but understanding the steps involved can help you get through it with confidence. Here’s what you need to know:

Steps to Take After an Accident

If you’ve been injured on someone else’s property, it’s important to act quickly:

Seek Medical Attention: Your health is the top priority. Even if your injuries seem minor, get checked by a healthcare professional. Medical records will also serve as vital evidence in your case.
Document the Scene: Take photos or videos of the accident scene, noting any hazardous places like wet floors or broken steps. Gather contact information from witnesses who can support your claim.
Report the Incident: Notify the property owner or manager immediately. This creates an official record of the incident, which is important for your case.
Consult a Lawyer: Contact an experienced Delaware County slip and fall attorney as soon as possible to discuss your legal options and begin building your case.

Statute of Limitations in Pennsylvania

In Pennsylvania, you have a limited time to file a premises liability claim. The statute of limitations is generally two years from the date of the injury. Failing to file within this period can result in losing your right to seek compensation. However, certain circumstances might affect this timeline, so it’s pivotal to consult with a lawyer who can provide guidance based on your specific situation.

Muller Brazil takes on the hard work so that you can focus on what you need to do! Our law firm has received excellent reviews from clients around the world. Many testimonials highlight our dedication, expertise, and exceptional service.

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Recoverable Damages in Premises Liability Cases

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In premises liability cases, the compensation you may recover falls into two main categories: economic and non-economic damages. The amount and type of compensation depend on the severity of your injuries and the specific circumstances of the case.

Economic Damages

Economic damages cover the tangible financial losses resulting from your injury. These include:

Medical Expenses: All costs related to your medical treatment, from emergency room visits to ongoing rehabilitation. In Delaware County, the average cost of an emergency room visit can range from $1,200 to $3,000, with additional costs for specialized care or ongoing treatment. For example, physical therapy sessions typically range from $75 to $150 per session, depending on the severity of the injury.
Lost Wages: Compensation for the income you’ve lost due to being unable to work during your recovery. The average weekly wage in Delaware County is approximately $1,400. If you're out of work for several weeks or months, these lost wages can quickly accumulate, affecting your financial stability.
Diminished Earning Capacity: If your injury affects your ability to work in the future, you may be entitled to compensation for the potential loss of future earnings. For instance, if your earning capacity is reduced by 20%, and your previous annual salary was $71,240 (the average for Delaware County), you could potentially lose $14,248 per year in future earnings.

Non-Economic Damages

Non-economic damages address the intangible effects of your injury, such as:

Pain and Suffering: Compensation for the physical pain and emotional distress caused by the accident. Pain and suffering awards can vary greatly, but they often take into account the severity of the injury and the long-term impact on your life. In Delaware County, settlements for pain and suffering in similar cases have ranged from $15,000 to $200,000, depending on the specifics of the case.
Diminished Quality of Life: If your injury impacts your ability to enjoy life as you did before the accident, you may be entitled to compensation for this loss. For example, if you previously engaged in active hobbies like running or sports, and your injury now prevents you from participating, this diminished quality of life can be quantified in your claim.
Emotional Anguish: Damages for the mental and emotional impact of the injury, including anxiety, depression, or trauma. In Delaware County, courts have awarded large amounts for emotional distress, particularly when the injury has led to a diagnosed condition like PTSD.

Why Choose Muller Brazil as Your Delaware County Premises Liability Lawyer?

If you’ve been injured on someone else’s property, it’s important to take action quickly. The experienced premises liability lawyers at Muller Brazil are here to help. Our legal team will guide you through the details of your case, fight for the money you deserve, and provide unwavering support throughout the process.

Don’t wait, time is of the essence in premises liability cases. Contact us now for a free consultation and take the first step toward securing your future.

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