How is Fault Determined in a Premises Liability Case?
Posted on August 26th, 2021
If you were injured on someone else’s property, you may have a premises liability case. While these cases may often be associated with slip and fall accidents, there are many more incidents that fall under premises liability. This includes animal attacks, swimming pool accidents, defective conditions on the premises, inadequate maintenance on the premises, and more. However, just because you suffered an injury on someone else’s property doesn’t mean you have a premises liability case.
Accidents can be just that – accidents, and sometimes, no one else is at fault for your injury. However, if you believe that you have a premises liability case and want to take action to receive compensation for your injury, you’ll need to prove who was at fault for your injury. Showing that someone else was responsible for your injury can be difficult, but this is an area where a premises liability lawyer can help.
Before determining who was at fault for an injury, you’ll first need to show that the property owner had a duty of care. This means that the property owner had a responsibility to ensure that the property was safe for others.
However, property owners don’t always have a duty of care for those on their property. For example, if the property is public and visitors are allowed, or you’re invited onto someone’s private property, they have a duty of care. If someone trespasses on someone else’s property, they likely do not have a duty of care and wouldn’t be held at fault if the person was injured on their property.
After you’ve established that the property owner did have a duty of care to you, you will need to show that they were negligent. Negligence occurs when the property owner breaches their duty of care. When a property owner breaches their duty of care, it can mean that they failed to properly maintain the property, which can become a hazard for others.
Proving negligence can be difficult in some cases. A person may be injured on someone else’s property when the property owner fulfilled their duty of care and was not negligent. In some cases, there may have been safety hazards on the property, but if a reasonable person would have been unaware of these hazards, the property owner may not have breached their duty. If the property owner can show that they either did not neglect to keep their property safe or that they were reasonably unaware of the damages, they may not be at fault for your injuries.
To prove fault, you must show that the property owner’s negligence was the cause of your injury. You could be injured on someone’s property while they breached their duty, but your injury might not have anything to do with that. To show that the property owner is at fault, you need to prove that your injury wouldn’t have occurred had they not breached their duty.
In some cases, you might also be at fault for your injuries in addition to the property owner. Pennsylvania uses a “modified comparative negligence,” which means that you can still receive compensation for an injury you were partially at fault for. However, the amount you’re proven to be at fault for can affect whether or not you receive compensation. If you’re more than 50% at fault, you won’t be able to receive compensation.
Let a Premises Liability Lawyer Help Your Case
Premises liability accidents can cause serious injuries, which can be a huge disruption in your daily life. While getting injured on someone else’s property isn’t enough for you to receive compensation, if you believe someone else is at fault for your injuries, you need the help of a premises liability lawyer. Attorney Craig P. Kalinoski of Kalinoski Law Offices P.C. in Scranton knows how complicated a premises liability case can be and has the experience you need to receive compensation.
Having a premises liability lawyer on your side can help you prove that someone else was at fault for your injury. Contact Kalinoski Law Offices P.C. today to learn more.
Category: Personal Injury
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Craig P. Kalinoski is a respected attorney serving clients in Scranton, Pennsylvania. With a focus on Family Law, Criminal Defense, and Civil Rights, he has established himself as a top-rated legal professional. Recognized as a Rising Star and admired by peers, Craig's commitment to excellence sets him apart in the legal field.