Montgomery County Premises Liability Lawyer

Were you hurt in a slip and fall, a dog bite, or an assault on someone else’s property? If your injury happened because a property owner failed to maintain safe conditions or warn you about known hazards, you may have the right to pursue compensation. Premises liability accidents can leave you dealing with painful injuries, mounting medical bills, and uncertainty about what to do next. At our firm, we help people hold negligent property owners accountable and fight for the compensation they deserve after preventable accidents. 

Anthony C. Gagliano, III, Esquire, P.C., is a Montgomery County premises liability lawyer who advocates for clients injured in premises-related 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 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 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.

Don’t Assume You’re Ineligible for Compensation Because You May Share Some Fault

Many people worry that they cannot bring a premises liability claim if they believe they may have contributed to the accident. Fortunately, Pennsylvania law does not automatically prevent you from recovering compensation simply because you were partially at fault.

Pennsylvania follows a modified comparative negligence rule, which means you may still recover damages as long as you are not more than 50% responsible for the accident. If you are found to share some responsibility, your compensation may be reduced based on your percentage of fault, but that does not necessarily mean you lose your right to pursue a claim.

Insurance companies often try to place more blame on injured victims than they deserve. Our attorneys carefully investigate the facts, gather evidence, and build a strong case to accurately demonstrate what happened and protect your right to recover compensation. If questions of shared fault arise, we will work to ensure your side of the story is fully presented and that responsibility is fairly assessed.

About Pennsylvania’s Two-Year Statute of Limitations for Premises Liability Claims

If you were injured on someone else’s property in Montgomery County or elsewhere in Pennsylvania, it is important to act quickl, and that’s not just something we say as lawyers. Under Pennsylvania law, you generally have two years from the date of the accident to file a premises liability lawsuit. Missing this deadline can prevent you from recovering compensation, even if your injuries were caused by a property owner’s negligence.

While two years is the standard deadline, certain circumstances can affect how long you have to file. For example, claims involving minors, government-owned property, or injuries that are not immediately discovered may involve different legal rules. Speaking with an attorney as soon as possible helps preserve important evidence, identify witnesses, and ensure all filing deadlines are met.

What is negligence in relation to premises?

A 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 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 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 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 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.

Premise Liability Testimonial

“Anthony Gagliano recently represented me for a slip and fall case. When it first happened I called Mr. Gagliano’s office as he represented me in the past for an auto accident. I needed advice on what doctors to see regarding my injury. He went above and beyond and got me situated with great care and helped me every step of the way through my rehabilitation. I am amazed at the professionalism and the results his law firm provided me. Thank you very much for a job well done.” – Stephen

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 case.

How complex can premises liability cases get?

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.

An experienced 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 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 attorney 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 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- A 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.

Common Defenses in Pennsylvania Premises Liability Cases

Property owners and their insurance companies often try to avoid responsibility by arguing that they were not negligent or that the injured person was at fault. Some of the most common defenses include:

• The hazardous condition was open and obvious.
• The property owner did not know—and could not reasonably have known—about the dangerous condition.
• The injured person ignored warning signs or entered an area they should not have.
• The accident was caused by the injured person’s own carelessness.

At Anthony C. Gagliano, III, Esquire, P.C. we understand these defense strategies and knows how to challenge them. We thoroughly investigate the circumstances of each case, gather surveillance footage when available, obtain maintenance and inspection records, interview witnesses, and work with qualified experts when necessary.

Pennsylvania follows a modified comparative negligence rule, meaning you may still recover compensation even if you were partially responsible for the accident, provided your share of fault does not exceed the legal threshold. We work to present the strongest possible case on your behalf and minimize attempts to shift blame onto you.

Other Types of Premises Liability Accidents

Premises liability claims involve much more than slip and fall accidents. Property owners have a legal duty to maintain reasonably safe conditions for visitors in many different settings. When they fail to do so, serious injuries can occur.

Our firm represents individuals injured in a variety of premises liability incidents, including:

• Swimming pool accidents caused by inadequate barriers, poor maintenance, or lack of supervision
• Elevator and escalator accidents resulting from mechanical failures or negligent maintenance
• Inadequate security incidents, including assaults resulting from insufficient lighting, broken locks, or lack of security measures
• Falling merchandise or unsecured objects in retail stores
• Stairway and handrail accidents
• Parking lot and sidewalk hazards
• Dog bites and other animal attacks occurring on private or commercial property
• Construction site hazards affecting lawful visitors

Every premises liability case presents unique facts and legal issues. Our attorneys carefully evaluate the circumstances surrounding your injury, identify all potentially liable parties, and pursue the full compensation available under Pennsylvania law for your medical expenses, lost wages, pain and suffering, and other damages.

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.