Have you or a loved one suffered an injury on another person’s property in Lancaster, PA? Whether the property in question is private or public, you might have a claim against the responsible party for your pain and suffering, lost wages, emotional distress, medical bills, and more.
Marzzacco Niven & Associates employs some of the most well-regarded and skilled personal injury lawyers in all of Pennsylvania. Our Lancaster premises liability attorneys have over 120 years of combined experience, and our law firm has collected tens of millions of dollars on behalf of deserving personal injury victims.
Are you interested in forming an attorney-client relationship, or would you like to learn more? Contact us (717) 616-2954 to speak with one of our trusted personal injury lawyers today. Our law firm offers a free initial consultation to review your case.
How Marzzacco Niven & Associates Can Help With Your Premises Liability Claim in Lancaster
In Pennsylvania, property owners generally have a duty of care to most people by way of keeping their premises in a reasonably safe condition. When they fail to do so, they may be held liable for the harm that results. Premises liability claims can be confusing, as you might not be sure who the right party to pursue compensation from is. One thing is for certain: you deserve compensation when you’ve suffered an injury on someone else’s property.
Marzzacco Niven & Associates can go to bat for you, handling every aspect of your compensation claim while you focus on resting and recovering from your injuries. Members of our legal team have been recognized by Super Lawyers as Super Lawyers and Rising Stars, Top 40 Under 40 by The National Trial Lawyers, and among The Best Lawyers in America by Best Lawyers. Our Lancaster personal injury lawyers know what it takes to hold an at-fault party accountable for what they’ve done. When you hire our personal injury law firm, we’ll assist you in the following ways:
- Investigating your case to identify the liable party, collect evidence, and determine the full extent of your damages
- Hiring experts to analyze and strengthen your claim
- Handling all of the negotiations, paperwork, and communications with the other side
- Bringing your case before a Lancaster County judge and jury if necessary
- Protecting you from accusations that the accident was mostly your fault
These are just a few of the ways we’ll be able to help you pursue compensation after a premises liability accident in Lancaster, Pennsylvania. Contact us today to get started.
How Do I Establish Fault Under Pennsylvania Premises Liability Law?
Premises liability claims are based on a negligence cause of action. There are four legal elements required to prove negligence:
- Duty of Care
- Breach of Duty
You’ll essentially need to demonstrate that the property owner owed you a duty of care given the circumstances and that they violated that duty, causing you harm as a result. The personal injury victim has the burden of proof to support each of these elements by a preponderance of the evidence. That means you’ll have to show that each is more likely true than not.
In premises liability cases, the duty of care element is of special importance. Property owners owe a different duty of care to invitees, licensees, and trespassers.
An invitee is someone who visits a property for a business purpose, usually to the benefit of the property owner. Most retail shops, for instance, fall under this category. The person must either have permission to enter the premises, or it must be open to the general public.
If these conditions are met, the property owner will owe a relatively higher duty of care to those that enter the premises. For a few examples, the property owner must fix any hazards they know about on the property and regularly inspect the property for any dangers.
Licensees are people who enter a property for non-business purposes, such as guests visiting a friend’s home for a dinner party. Licensees are not owed as high of a duty of care as invitees are. The property owner must warn visitors about any known hazards but is not required to fix them or regularly inspect the property.
A trespasser is someone who visits another person’s property without their permission. Trespassers are generally not owed a duty of care except that the property owner cannot intentionally harm them in most instances.
One major exception is the “Attractive Nuisance” doctrine, which Pennsylvania does recognize. Under this doctrine, a property owner could be held liable if a child trespasses on their property because of an attractive nuisance, of which a swimming pool is a classic example.
What Is My Lancaster Premises Liability Case Worth?
There are many factors that will determine the value of your Lancaster premises liability case. These include, but are not limited to, the following:
- The type and seriousness of your injuries
- The availability of evidence to support your claim
- The terms of any applicable insurance policies
- Whether you share some of the blame for the accident
Generally speaking, cases that result in the most serious injuries that most heavily impact the victim’s day-to-day life are worth the most. Our legal team will thoroughly investigate your case to uncover the full extent of your damages when you hire us to represent you.
What Types of Compensation Can I Collect If I File a Premises Liability Lawsuit?
You can collect economic damages as well as non-economic damages if you file a premises liability lawsuit in Lancaster, PA. Punitive damages may be available in extremely rare cases, too.
Economic damages make up for your:
- Lost wages
- Medical bills
- Out-of-pocket expenses
- Decreased earning capacity
Non-economic damages represent your:
- Pain and suffering
- Emotional distress
Punitive damages could be available if the defendant acted with recklessness or malice. These damages are meant to “punish” the at-fault party for their conduct.
What If I’m Blamed for Getting Hurt on Someone Else’s Property in Pennsylvania?
You can still receive compensation if you are partially at fault for getting hurt on someone else’s Property in Pennsylvania, up to a point. Pennsylvania has adopted a modified comparative negligence doctrine with a 51% bar to recovery. You will be assigned a percentage of fault, and so long as that percentage is less than 51%, you can still obtain damages. However, your damages award could be adjusted proportionately.
As an example, let’s say you’re awarded $250,000 in damages, but you are assigned 25% of the blame for the accident. In that case, your damages award could be reduced to $187,500, or the full amount minus your percentage of fault.
Comparative fault can be a primary issue in personal injury cases, as it can allow the at-fault party to reduce or eliminate their liability. Our Lancaster premises liability attorneys are experts when it comes to fighting back against unfounded accusations of contributory fault.
Premises Liability Accidents Can Result in Severe Harm
Premises liability accidents can result in substantial injuries. Some common examples include:
- Broken bones
- Traumatic brain injuries
- Chest injuries
- Leg injuries
- Puncture wounds
- Wrongful death
Our personal injury lawyers in Lancaster can help you obtain compensation for each of your premises liability accident injuries. Reach out to us today for trusted legal advice and guidance.
We Handle All Types of Premises Liability Claims in Lancaster, Pennsylvania
There are many different types of premises liability claims, depending on the nature of the accident. Our lawyers possess the expertise necessary to handle virtually any case in this area of the law. Some of the types of claims we can handle include, but are not limited to:
- Slip and fall accidents
- Negligent security
- Negligent property maintenance
- Swimming pool accidents
- Playground accidents
- Dog bites
- Hotel accidents
- Shopping mall accidents
- Accidents in parking lots or garages
Call or contact us today for more information on how we can help with your premises liability case.
What’s the Deadline To File a Lawsuit By in Pennsylvania?
Pennsylvania’s statute of limitations allows you two years to file your premises liability lawsuit in most instances. If you file your lawsuit after the deadline, you will lose your right to pursue compensation.
There are exceptions to this deadline, however. You might have additional time, for example, if the person you intend to see flees the state. We recommend promptly contacting us if you’re not sure whether you still have time to file a lawsuit in your case. We can most likely make that determination with you during your free consultation.
Schedule a Free Case Evaluation With an Experienced Lancaster Premises Liability Attorney
If you’ve been harmed while visiting another person’s property in Lancaster, Pennsylvania, you might have the ability to receive significant compensation. The Lancaster premises liability lawyers with Marzzacco Niven & Associates can fight for your interests from the get-go.
Our law firm offers its legal services on a contingency fee basis as well, meaning that it won’t cost you anything upfront to hire us. We’ll instead receive payment as a percentage of the financial award we ultimately obtain for you.
Call us today to schedule your free case review with one of our experienced, award-winning attorneys.