Montgomery County Premises Liability Lawyer
Failure to maintain a property safely can put people at risk of injury. Allowing hazards to persist or failing to post warnings about dangers on the premises can lead to serious safety issues. Being injured on the property of another person can be disorienting. After suffering an injury from a preventable accident, your next concern should be to address the wrong committed against you. A property owner or someone working on their behalf failed to maintain safe premises. This led to you being injured in what was a preventable situation. Where can you turn for justice in a time like this?
Anthony C. Gagliano, III, Esquire, P.C., is a Montgomery County premises liability lawyer who advocates for clients injured in premises liability accidents. Our team fights tirelessly for the rights of accident victims. We put the interests of our clients first and pursue their goals with an effort that is second to none. When results matter, accept no substitute for the experience and results-driven focus our law office possesses. When you are injured due to the negligence of a property owner, you need help. A seasoned Montgomery County premises liability lawyer can review your claim thoroughly. Your injuries and finances are two major factors to discuss with an experienced attorney. Anthony C. Gagliano, III, Esquire, P.C. helps clients confidently navigate their premises liability claims.
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From the moment you step into our office for an initial consultation until your case is resolved, our motivation is to care for you and provide the best opportunity to achieve the best result possible. Contact our office today for a free consultation. Our expertise and results-oriented focus matter when justice is at stake.
What Do You Need To Know About Premises Liability Law In Montgomery County?
A property owner must take reasonable steps to protect any person who enters their property. Hazards that are obvious must be fixed. This includes slippery floors, poorly lit parking lots, and uneven surfaces. When a property owner is negligent in caring for their property, it puts individuals like you at risk of suffering an injury.
In the real world, the duty of care owed to a person visiting a business means that the property owner or their employee must bring to a person’s attention a dangerous condition as soon as it is made known to him or her. A broken glass on the floor of a grocery store or a loose handle on the stairwell of a restaurant must be remedied- and quickly- after it is made known to a property owner.
What is negligence in relation to premises?
A Montgomery County premises liability lawyer understands the four essential elements of a premises liability case: duty, breach, causation, and damages. These same principles apply across Pennsylvania.
- First, the law considers whether the property owner owes you a legal duty to ensure their property is safe.
- Second, you must prove that the property owner breached that duty by not warning you of a dangerous condition. A skilled premises liability lawyer can help uncover proof of such breaches. A failure to correct a dangerous condition that was known or should have been known can also constitute a breach of duty.
- Next, you must prove that the property owner’s breach of duty caused your injury. Proving causation can be complex, and having an experienced Montgomery County premises liability lawyer like Anthony C. Gagliano, III, Esquire, P.C. can strengthen your case.
- Finally, the fact finder, judge, or jury needs to determine that the property owner owed you a duty. Unless you were trespassing, it is generally not difficult to prove that a duty existed.
Talk to Anthony C. Gagliano, III, Esquire, P.C. About How We Can Help You
Sorting through all the competing circumstances and interests in a premises liability case can be challenging. That is where Anthony C. Gagliano, III, Esquire, P.C. can help. Working with an experienced Montgomery County premises liability lawyer helps you focus on the issues that matter most. Do not sit idly by and endure the pain of your injuries. Instead, contact our office today for a free consultation.
What are the types of premises liability cases where you may be injured?
Anthony C. Gagliano, III, Esquire, P.C. represents injured individuals in many different premises liability situations. The following are some of the most common:
- Trip and Fall Accidents
- Slip and Fall Accidents
- Industrial Hazards
- Inadequate Security
A wet floor at a grocery store may leave you injured after a hard fall. However, just because an employee failed to mop up a spill does not mean the store will automatically accept fault.
Consider what would happen if you were assaulted in that same store’s parking lot. If the area is known for high crime, the store may be required to have security on site. When a lack of security leads to an injury, you may have grounds for a personal injury case.
What do comparative negligence laws mean for your premises liability case?
When assessing a premises liability case, your Montgomery County premises liability lawyer must consider Pennsylvania’s comparative negligence laws.
Specifically, Pennsylvania follows a modified comparative negligence rule, which impacts how damages are reduced—similar to rules seen in motor vehicle accident claims involving shared fault. This means that you can recover damages as long as you are 50% or less at fault. The amount you receive is reduced by the percentage of fault assigned to you by the judge or jury.
If you are more than 50% at fault for the accident, you cannot recover any damages. No matter how severe your injuries are, the court cannot award compensation if your contribution exceeds 50%. Your level of responsibility must be thoroughly evaluated when preparing your case. An experienced Montgomery County premises liability lawyer can ensure your rights are protected.
Call 267-214-7574 for a Free Case Evaluation with a Real Montgomery County Premises Liability Lawyer
A premises liability case typically involves a preventable accident leading to significant injuries. Contacting Anthony C. Gagliano, III, Esquire, P.C. is a step that injury victims can take to address their situation. Our team has served clients throughout Montgomery County who have been injured in premises liability accidents. We have what it takes to guide you through the twists and turns of a complicated premises liability case.
How complex can premises liability cases get?
When you are injured through no fault of your own, the case may seem simple. However, many complications can arise in premises liability cases. Anthony C. Gagliano, III, Esquire, P.C. knows how to strategize with clients after serious injuries and prepares every case with precision and care.
Suppose a business owner argues that the condition which injured you was “obvious.” This defense suggests that any reasonable person should have noticed and avoided the hazard, which can help the defendant avoid liability. As we discussed earlier, fault can shift to you under comparative negligence. This underscores the need for a skilled attorney to build a strong case on your behalf.
A Montgomery County premises liability lawyer knows how to gather vital evidence—such as surveillance footage or witness statements—often used in personal injury cases. If a business or homeowner ignored a condition that could foreseeably cause harm, that failure can establish liability in your premises liability claim.
Consider Industry-Standard Levels of Care in Retail Settings
Different stores, businesses, and properties are held to different levels of oversight and care. For instance, grocery stores may require hourly aisle checks for spills, while clothing stores might only check once or twice daily.
If you were injured in a clothing store slip and fall, your attorney must demonstrate that the store failed to meet an appropriate standard of care. Even if a store does not sell food or beverages, it still must maintain safe walking areas.
Can a business be held responsible for the acts of a third party?
Businesses can be held responsible for third-party negligence in certain premises liability cases. However, liability depends on the facts. An experienced Montgomery County premises liability lawyer can evaluate fault and determine the value of your injuries after a careful examination.
Did the property owner take necessary steps to warn you about a dangerous condition? Proving that you were injured because of inadequate warnings is critical. Even if some precautions were taken, they may not have been sufficient.
How Inadequate Security Can Lead to Serious Injuries
Take the earlier example of being assaulted in a grocery store parking lot. A retailer should be aware of crime risks and take measures to protect shoppers. If they fail to do so, they may be liable for your injuries.
You and your Montgomery County premises liability lawyer, Anthony C. Gagliano, III, Esquire, P.C., will research prior incidents and gather the evidence needed to show that better precautions should have been taken.
Schedule a Free Consultation with a Montgomery County Premises Liability Lawyer
Our team has the skill, experience,e and level of care necessary to handle the most serious of premises liability accidents. Learn more about our office and find out critical information about your case by contacting us today. A free consultation is only a phone call away.
What kind of objects or conditions can lead to slip or trip and fall injuries?
Items or unsafe conditions left in store aisles frequently cause injuries. In grocery stores, merchandise like fruits or vegetables left on the floor can create hazards that lead to a slip and fall accident.
Renovation materials left in walkways can also result in injuries. A business owner’s awareness of the hazard—and their failure to act—will help determine liability.
What evidence do you need to prove negligence?
Your Montgomery County premises liability lawyer will collect evidence to prove negligence, such as security footage, photographs of the scene, and witness statements. Acting quickly is essential, as businesses may attempt to delete or alter surveillance videos. Prompt evidence collection strengthens your case and increases your chances of securing fair compensation.
What Steps Should You Take After Being Injured In A Premises Liability Accident?
After being injured in a premises liability accident, it is normal to feel the burden of not knowing what to do next. The more forward-thinking and proactive you can be, the better opportunity you will have to recover the damages you deserve from the property owner on whose property you were injured.
The following is a list of steps to consider taking after being injured in a premises liability accident:
- Find medical attention- your top consideration after being injured should be to seek medical care. Even if you believe your injuries to be minimal, receiving medical care allows you to determine the extent of your problems and determine what steps you need to take to begin your road to recovery.
- Photograph/video the accident- To the extent you are able, take photos and/or video of the accident scene. Clothing worn during the accident or property damaged during the incident should be kept. Interviews with employees of the business or medical bills associated with emergency care should be carefully stored.
- Talk to an employee or responsible party in order to document the incident. If you were injured in a slip and fall at a store or restaurant, be sure to talk to an employee or manager. Almost certainly, these establishments have procedures for documenting these incidents.
- Talk to an attorney- An experienced Montgomery County premises liability lawyer provides clients with strong advocacy after being injured. Businesses and their insurance companies quickly adopt strategies geared towards shifting responsibility away from them and onto you. Their intentionality needs to be met with a plan of your own.
Who May Be Found At-Fault For Having Caused Your Injuries In A Premises Liability Lawsuit?
There are multiple groups that may be found responsible for having caused your injuries in a premises liability accident. Hazards that were not properly dealt with or conditions that were overlooked can happen in a variety of settings. Below is a sample of locations where a premises liability accident may occur:
- Landlords and property managers
- Property owners
- Business owners
- Companies hired to provide maintenance or repair services
- Governments municipal, county, state, or federal)
- Homeowners
- Homeowner’s Associations
Can A Dog Owner Be Held Liable For Their Dog Biting You?
Dog owners, generally speaking, are responsible for preventing their animals from injuring someone. Pennsylvania has dog bite laws that place the financial burden squarely on the shoulders of the dog’s owner for the payment of medical bills or related expenses. Additionally, those same dog owners may be responsible for keeping a dog with a history of biting people or not following other laws of the state related to animal control and safety.
An animal control authority in your area should be alerted as soon as a dog bite occurs. These facilities may have records associated with the animal to determine if the dog has a history of bites, as well as an immunization record.
Dog bites have a propensity to become infected quickly if left untreated. As a result, be sure to seek medical care quickly. Even if you do not believe that you have been seriously injured, it is important to get yourself checked out. Typically, urgent care clinics and your own primary care doctor are equipped to dress your wounds and provide information about follow-up care.
Schedule a Free Consultation With a Montgomery County Premises Liability Lawyer
You and your family are both impacted by injuries sustained in a premises liability accident. Adding to the stress of recovery is the uncertainty of medical care and expenses. When your ability to work is compromised, those challenges become even greater.
Anthony C. Gagliano, III, Esquire, P.C. proudly serves clients in Montgomery County and surrounding areas. Our office understands the difficult circumstances you are facing and works efficiently with your best interests in mind.