Philadelphia Premises Liability Lawyer

Seeking damages can be challenging, and insurance agents are not looking out for your best interests. But Kalikhman & Rayz can. Our award-winning Philadelphia personal injury lawyers will handle every detail of your case so you can focus on healing. Call our number or contact us online to schedule a free, no-obligation consultation.

Premises Liability Accidents and Injuries Our Firm Handles

Premises liability is a branch of personal injury law that deals with accidents caused by negligent property conditions. Slips and falls are some of the most common types of premises liability accidents, but premises liability also includes many other incidents.

Our Philadelphia premises liability lawyers can assist with the following:

• Slips, trips, and falls
• Swimming pool accidents
• Elevator and escalator accidents
• Stairway accidents
• Electrocutions
• Negligent security incidents
• Balcony or deck collapses
• Fires, burns, and smoke inhalation injuries
• Dog bites and animal attack injuries

Kalikhman & Rayz handles premises liability cases involving residential and commercial properties. We can advocate for you no matter where the accident occurred, be it a home, hotel, rental property, theater, supermarket, amusement park, mall, or housing complex.

Financial responsibility for the accident will rest with the property’s owner and the individual, business, or entity responsible for the negligent property condition that led to your injury.

How Can You Seek Compensation for a Premises Liability Accident?

Premises liability accidents can result in severe injuries and significant financial damages. For example, the Centers for Disease Control and Prevention (CDC) report that slip and fall injuries in older adults result in hundreds of thousands of hospitalizations, millions of emergency department visits, and billions of dollars in medical costs annually in the United States.

If your injury was due to negligent property conditions, those liable should pay for your medical care and other accident-related losses. In many cases, you may be able to seek damages with a claim against the at-fault party’s property insurance, though this may be easier said than done.

Insurance is a business, and insurance companies increase their profits by keeping payouts low. Insurance adjusters will look for reasons to reduce or deny claims and do not always treat injured parties fairly or respectfully. Our premises liability attorneys can advocate for you. We will aggressively seek full and fair compensation for:

• Medical expenses – including ambulance transportation, emergency department treatment, surgeries, hospital and doctor fees, mobility aids, physical therapy, rehabilitation, prescription drugs, and long-term nursing
• Lost income – including lost wages and employment benefits, lost future earnings, and reduced earning capacity
• Household services – including transportation, cooking, cleaning, and childcare
• Pain and suffering – including severe and chronic pain, scarring, disfigurement, loss of mobility or paralysis, emotional distress, mental anguish, and reduced quality of life
• Wrongful death of a family member – including medical bills, funeral and burial expenses, and loss of your loved one’s income, services, support, and guidance

Factors that May Affect Your Claim

Every personal injury case is different. There are various factors unique to you and your claim that may influence how much compensation you can recover, including:

• The severity of your injuries and the extent of your medical treatment
• Your age
• Your current wages
• How long your injuries cause you to miss work, and whether or not you can return to your job
• The length of your physical recovery
• The effect of your injuries on your mental and emotional well-being
• The limits of the involved insurance policies

Claimants must understand that once they accept an insurance settlement, they cannot demand more compensation later if their injuries and damages are more significant than initially thought. Before agreeing to payment, it may benefit you to consult with our team. We can identify current and future losses and obtain estimates, ensuring you get every cent owed.

Contact us online or call our number for a free consultation and learn more about how Kalikhman & Rayz can help you and your family pursue financial justice.

Proving a Premises Liability Case in Philadelphia

Securing compensation for a premises liability injury requires proving negligence. Our Philadelphia law firm can help you build a solid claim based on the following four elements:

• Duty of care – The duty of care is a property owner’s legal responsibility to keep premises reasonably safe or warn visitors about unsafe conditions. Proving a property owner owed a duty of care usually requires showing the accident victim was on the property through express or implied invitation, i.e., not trespassing.
• Breach of duty – A breach of duty occurs when a property owner fails to remedy unsafe conditions they knew or should have known existed. Examples of unsafe property conditions include broken flooring, ripped or torn carpeting, inadequate lighting, and a lack of security cameras or security personnel.
• Causation – Causation is the link between a property owner’s negligence and a victim’s accident and injuries. For example, our Philadelphia premises liability lawyer may show that a cracked sidewalk caused a victim to trip, resulting in a hip fracture.
• Damages – Damages are proof that a premises liability accident caused a victim financial damages and pain and suffering.

The premises liability attorneys at Kalikhman & Rayz will establish negligence and support claims using evidence, including:

• Photographs and video of the accident scene
• Police reports and official accident reports
• Cell phone or surveillance video
• Eyewitness statements
• Expert testimony
• Medical records
• Bills, pay stubs, receipts, invoices, and estimates

How Might Comparative Negligence Affect a Premises Liability Claim?

Pennsylvania follows a modified comparative negligence system, as outlined in 42 Pa. C.S.A. § 7102. Essentially, personal injury victims can seek compensation from at-fault parties proportional to the party’s percentage of responsibility for the accident. In addition, any fault born by the victim will reduce their financial awards.

Say you have $100,000 in damages from a slip and fall, but you get assigned 10 percent of the fault because you were on your phone at the time, which the insurance company argues was a distraction. You would ultimately receive a $90,000 settlement.

If a victim is more than 50 percent at fault, they cannot recover any compensation. Therefore, it is in the insurance company’s interest to try to blame injured parties for all or part of an accident to reduce or eliminate their client’s financial liability. Our injury lawyers can stand up to allegations that you acted negligently or wrongfully and argue that you deserve full awards.

Pennsylvania’s Statute of Limitations for Premises Liability

Your time to seek compensation for a premises liability accident in Philadelphia is limited. According to 42 Pa. C.S.A. § 5524(2), the statute of limitations for personal injury and wrongful death lawsuits is two years. If you do not file a suit within this window, the court will likely dismiss the case.

The deadline will also affect insurance claims. If it passes and you can no longer take legal action, you lose your bargaining power. You could end up with a denied or reduced settlement and no additional options for financial recovery.