Philadelphia Premises Liability Lawyer

Failure to maintain a property safely can put people at risk of injury. Allowing hazards to persist or not posting warnings about dangers on the premises can lead to significant safety issues.

When you are injured due to the negligence of a property owner, then you need help. Your injuries and finances are two significant considerations to discuss with an experienced Philadelphia premises liability lawyer. Anthony C. Gagliano, III, Esquire, P.C. helps clients confidently proceed through their premises liability claims.

What is negligence in relation to premises?

A Philadelphia premises liability lawyer knows the four essential elements of a premises liability case.

• First, the law considers whether the property owner owes you a legal duty to ensure their property is safe.
• Second, you must be able to prove that the property owner breached that duty by not warning you of a dangerous condition. 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, having breached their duty of care to you, was the cause of your injury. Proving causation is complex, and having a Philadelphia premises liability lawyer such as Anthony C. Gagliano, III, Esquire, and P.C. can greatly enhance your claim.
• Finally, the fact finder, judge, or jury needs to determine that the property owner owed you a duty. Other than a scenario where you were trespassing, it is not difficult to prove that a duty was owed to you by the property owner.

Sorting through all the competing circumstances and interests in a premises liability case is 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 experience the pain of your injuries. Instead, contact our office today for a free of charge 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 a number of different premises liability situations. The following represent the most commonly encountered premises liability circumstances we encounter:

• 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 on the ground. However, just because an employee did not mop up a wet mess does not mean the store will automatically accept fault for the accident.

Consider, also, how you would proceed if you were assaulted in that same grocery store’s parking lot. A high-crime area could foreseeably lead to a situation where the store needs to have security on site. When a lack of security leads to you being injured, you need help navigating a personal injury case.

What do comparative negligence laws relate to your premises liability case?

When assessing a premises liability case, your Philadelphia premises liability lawyer must consider the Pennsylvania comparative negligence laws. Specifically, Pennsylvania is a modified comparative negligence state. This means that as an injured party, you can recover damages as long as you are 50% at fault or less for having caused the circumstances that led to your injuries. The damages that you recover are reduced by whatever percentage of fault is assigned to you by a judge or jury.

On the other hand, if you are more than 50% at fault for having caused an accident, you cannot recover any damages. No matter how badly you were injured or how high your medical expenses are, a judge or jury cannot consider the extent of your injuries. Once it is determined that your contribution to the accident was greater than 50% then no other issue may be considered. Your responsibility for the premises liability accident or circumstance must be scrutinized when preparing for your trial. An experienced Philadelphia premises liability lawyer is who you need to contact today.

How complex do premises liability cases get?

When you are injured, seemingly through no fault of your own, the case can seem simple. However, there are potential complications that arise frequently in premises liability cases. Anthony C. Gagliano, III, Esquire, P.C. understands how to strategize with clients like yourself after injuries are sustained. Our office prides itself on acting intentionally on behalf of clients. Here is how Anthony C. Gagliano, III, Esquire, P.C. prepares for a client’s premises liability case.

Suppose that a business owner attempts to argue that the condition which injured you was obvious. This defense attempts to point out that any reasonable person should have observed and then avoided the condition that led to your injuries. As a result, this defense would potentially help avoid liability. As we just finished discussing, the fault of the accident or circumstance would then fall on your shoulders. This bars you from having your injuries considered by the fact finder- be it a judge or jury.

A Philadelphia premises liability lawyer knows that it is crucial to fully investigate a circumstance. The dangerous condition that led to your injuries may well have been obvious- even to an employee of the business or residence where you slipped and fell. When a business owner, employee, or homeowner ignores a condition that could foreseeably lead to a guest or patron being injured, that is when you need a plan on how to prove this element of your premises liability case.

Different stores, businesses, and properties have differing levels of oversight and care, which must be adhered to. For example, if you were injured after a slip and fall accident at a grocery store, your employees may be obligated to check the aisles for wet surfaces each hour. On the other hand, a clothing store may only require employees to check aisles for similar surfaces once or twice per day.

When you are injured due to a slip and fall accident at a clothing store, that means you must show that the store accident was negligent. This can prove to be difficult considering that it is possible a clothing store has a lessened duty to check for hazards like wet floors compared to a grocery store. Not selling food or beverage items does not absolve a clothing retailer from having contributed to or completely having caused a premises liability accident.

Can a business be held responsible for the acts of a third party?

Being held responsible for the negligence of a third party is not uncommon when it comes to premises liability disputes. However, it is not always true that a business or property owner will be held responsible. An experienced Philadelphia premises liability lawyer can help you determine fault in an accident. From there, the value of your injuries can also be ascertained after careful examination.

Did the property or business owner take the necessary steps to warn you of the existence of a dangerous condition? Showing a jury or judge that you were injured due to not having been adequately warned of a dangerous condition is critical to the success of your case. Even if the property or business owner did take some steps to warn you of a condition, it is also possible that he or she did not go far enough to provide a warning to you.

How Inadequate Security Can Lead to You Sustaining Injuries

Take the above example regarding having been assaulted in the parking lot of a major grocery retailer. Stepping out of a grocery store with a full cart means that you are relatively susceptible to being mugged. Your hands are occupied, and you may be distracted by other shoppers, vehicles, or even your recent purchases. In short, a retailer should be aware of their environment as well as their shopper’s mindset.

Are you and your Philadelphia premises liability lawyer, Anthony C. Gagliano, III, Esquire, P.C., prepared to do the research necessary to advocate on behalf of your best interests? For instance- did that store recently have another patron assaulted in their parking lot? If so, then you may be able to show a judge or jury that the business owner ought to have been more aware of how to deter future incidents.

What kind of objects or conditions can lead to you being injured in a slip or trip and fall?

Unfortunately, injuries due to items or conditions left unaccounted for in store aisles lead to accidents and injuries with great frequency. In a grocery store, merchandise like fruits, vegetables, and the like can be left in aisles instead of being put away on shelves or other types of displays. When this happens, it greatly increases the likelihood of you being injured in a slip or trip and fall accident.

In many cases, that same retail store may be undergoing renovations for any number of reasons. When the business leaves construction or other renovation materials in the same area that you walk in, that is also a foreseeable circumstance that often leads to injuries being sustained.

The level of knowledge that the business owner had of the hazardous condition, in combination with the actions taken (or having failed to take), presents you with the degree of liability on the part of the business or property owner.

What are the types of evidence you need to prove that a business or property owner was negligent?

Your Philadelphia premises liability accident lawyer will work to obtain the necessary evidence you need to prove that a business or property owner was negligent in causing a condition that injured you.

Footage from a security camera is a great place for your attorney to begin collecting evidence. Many or even most businesses in operation today have some form of video surveillance on site. As a result, requesting this video footage would seem to be an obvious form of evidence collection.

However, in some circumstances, business or property owners may attempt to destroy or alter this footage before your lawyer can obtain it on your behalf. Acting quickly to request and obtain this video evidence is crucial for your chances of obtaining a fair amount of damages for your injuries sustained in a premises liability accident. Photographs of the injury location or conditions may also prove to be helpful in establishing fault for the accident as well as damages.

Any person who witnessed the premises liability accident having occurred should be contacted as soon as possible. Even first-hand accounts of an accident can become altered due to the passage of time. Therefore, a witness statement obtained immediately after your accident took place can greatly enhance the strength and vitality of your case.

You and your family are both impacted by injuries you suffered in a premises liability circumstance. Adding to the stress associated with being injured is the uncertainty connected to medical treatment. How effective will the treatment be? Are you going to be able to afford the cost of medical care like surgery, therapy, and doctor’s visits? When your ability to work is negatively impacted by the injuries you suffer, all these conditions become all the more noteworthy.

Anthony C. Gagliano, III, Esquire, P.C. has been able to serve clients in Philadelphia and surrounding areas over the past several years in premises liability cases. He understands the difficult circumstances which have been thrust upon you. In response to these circumstances, our office knows how to proceed efficiently with your best interests in mind.

Contact our office online or by phone to schedule your free consultation. Our Philadelphia premises liability lawyers serve our clients with a personalized vision and case strategy. All our efforts are geared toward helping you recover from your injuries and maximize your ability to recover damages.