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Philadelphia Premises Liability Claims
Philadelphia Premises Liability lawyers
The term "premises liability" refers to the liability of certain persons for injuries and damages to others arising from the ownership or possession of real property. As in any other negligence action, the injured person must establish the following: (1) the existence of a duty on the part of the defendant to use due care; (2) a breach of this legal duty; and (3) the breach as the proximate or legal cause of the resulting injury.
Premises liability actions have traditionally been construed to mean "slip and fall" or "trip and fall" causes of action. However, premises liability claims are not limited to such causes of action and include, among other things, construction accidents, dog bite cases, property defects, and injuries caused by the negligent and/or willful conduct of third persons on the premises involved.
In determining who is liable in a premises liability action, the crucial elements are ownership, possession, and control of the premises. The person(s) or entities who own, operate or control the premises may be responsible for any injuries arising on the premises. An owner or possessor of premises is under a duty to others by virtue of that possession or ownership to act reasonably to keep the premises safe and prevent persons from being injured.
A greater degree of care is generally owed to business invitees. Owners and managers of hospitals, health clubs, malls, retail stores, supermarkets, apartment buildings, office buildings and similar types of property owe the highest duty of care to business invitees who visit the premises. The floors must be safe, the escalators and elevators must be safe and work properly, and reasonably foreseeable dangers and dangerous conditions must be timely corrected so that business invitees (patrons visiting the premises for business purposes) are safe. Injuries which occur while at these locations are generally referred to as premises liability injuries. Thus, If you suffered a premises liability injury, you may be able to pursue a premises liability claim.
If you or a loved one has suffered a premises liability injury, Call Ferrara Law Offices, P.C. for a free consultation. Call Ferrara Law Offices for a free consultation; your Philadelphia premises liability attorney.