Philadelphia 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.

When you are injured due to the negligence of a property owner, you need help. A seasoned Philadelphia 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.

What is negligence in relation to premises?

A Philadelphia 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 Philadelphia 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.

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 Philadelphia 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 Philadelphia 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 Philadelphia premises liability lawyer can ensure your rights are protected.

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 Philadelphia 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.

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 Philadelphia 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 Philadelphia 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.

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 Philadelphia 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.

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 Philadelphia and surrounding areas. Our office understands the difficult circumstances you are facing and works efficiently with your best interests in mind.