Pittsburgh Premises Liability Lawyers
Protection when you are hurt on someone else’s unsafe property
Property owners have a duty to ensure that the people they invite onto their property are safe during their visit. Commercial property owners such as restaurants, retail stores, and professional offices should protect their visitors from slips and falls, tripping, physical attacks, and other accidents or events. Construction site companies owe a duty of care to pedestrians who might enter their sites. Even hospitals and nonprofits owe a duty of care to the people who use their services.
At Carmody and Ging, Injury & Accident Lawyers, our Pittsburgh premises liability lawyers work aggressively to show that the owner knew or should have known of a dangerous condition on their property. We work to show there were prior complaints, incomplete repairs, failures to warn of known dangers, and other negligent actions. We work with your doctors to verify the scope and severity of your injuries. Our trial attorneys are skilled at pursuing compensation for all your pain and suffering, medical bills, and lost income. We have an impressive record of strong settlements and jury verdicts.
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What are the three types of visitors?
In Pennsylvania, the liability of a property owner depends on the reason a person is on the premises. Visitors are categorized in three ways:
- Invitees. Invitees are people that the owner of the property invites onto the property. The property owner owes the highest duty of care to invitees. Common examples include businesses that sell goods or provide services such as retail stores, hotels, restaurants, and medical practices. Organizations that invite people to join their activities also owe their invitees the highest standard of care. This standard includes actively looking for dangerous conditions.
- Licensees. Licensees are people who have the right to be on the property but aren’t there to benefit the property owner. A common example is someone who visits a friend at an apartment complex but isn’t a tenant.
- Trespassers. These are uninvited visitors. A person who breaks into a store is a trespasser. So, too, is the person who sneaks onto your land to go four-wheeling behind the house.
The duty of care to invitees and licensees generally includes making routine inspections, fixing known dangers, hiring security staff if the property is a place where assaults may occur, responding to complaints of property defects, and warning users of any known dangers.
What is the “attractive nuisance” doctrine?
Generally, property owners in Pittsburgh do not owe a duty of care to trespassers provided they don’t intentionally try to harm a trespasser.
One exception is called the “attractive nuisance” doctrine. This doctrine protects children who are injured because there was something on the property that attracted the child – even though the child did not have permission to be on the property. Common examples include swimming pools, trampolines, dogs, and recreational equipment. The property owner should take steps to prevent the trespass from occurring and protect the child if they do trespass. Examples of safety steps include fences, lighting equipment, and warning signs.
Children who are drawn in by these “attractive nuisances” may suffer traumatic brain injuries, spinal cord injuries, or broken bones, be bitten by dogs, or suffer brain damage from drowning. Our Pittsburgh premises liability injury lawyers are skilled at filing personal injury claims when a child is the injury victim.
What types of premises liability accidents do you handle in Pittsburgh?
At Carmody and Ging, our Pittsburgh personal injury lawyers represent shoppers, visitors, and other premises liability victims in the following types of accidents:
- Slip and fall accidents. Many premises liability claims involve an invitee or licensee who slips on wet or slick surfaces, trips over uneven surfaces, or falls due to objects on the floor. Examples include spilled liquids, torn carpets, broken tiles, loose railings, and surfaces with dirt or debris. Falls can cause serious injuries including head trauma, broken bones, back pain, and spinal cord damage.
- Dog bites. Pennsylvania does have a strict liability law for dog bites that requires that the dog owner pay your medical bills. Property owners may also be liable for your pain and suffering and other damages if they knew the dog had a propensity to bite (had bitten before) and failed to control their dog.
- Negligent security. Property owners should know their neighborhood and their business. Businesses that focus on cash transactions such as ATM machines, sell alcohol such as bars and taverns, and places where there have been complaints of criminal activity have a duty to protect their clientele. Some of the steps property owners can take to prevent attacks included installing fences, hiring securing guards, installing video and camera equipment, and using alarm systems.
- Nursing home accidents. Nursing homes should anticipate that their residents who are usually senior citizens will have mobility issues. The homes should take extra steps such as using handrails, avoiding steps, and regularly inspecting the home for dangerous conditions to ensure their residents are safe. The homes may be liable if a senior does slip and fall.
- Construction accidents. Building companies and contractors need to take steps to ensure that pedestrians aren’t injured while using their property. These steps include posting warning signs, posting signs indicating where pedestrians can safely walk, enclosing the building site with fencing, and other steps to ensure the pedestrian doesn’t enter the construction site. Pedestrians who enter a construction site can easily fall or be struck by objects from the higher levels of the site. They may also be struck or pinned by vehicles, machines, and equipment. They may also be electrocuted.
We also represent accident victims who are injured in an elevator or escalator accident.
Which defendants are liable if I’m hurt on someone’s property in Pittsburgh?
Our Pittsburgh premises liability attorneys are skilled at filing complaints against all the responsible parties. Often, the owner may not be the company whose name is on the store. Other defendants besides the owner may be liable. At Carmody and Ging, we file complaints against:
- The owner
- Parent companies and subsidiaries of the owner
- Tenants
- Repair companies
- Maintenance companies
We may also file complaints against the architects, engineers, contractors, and subcontractors.
What damages am I entitled to for my premises liability claim?
We understand every way that your injuries make your life extremely difficult. Some injuries such as spinal cord damage, brain damage, and amputation never heal. Many injuries require long-term rehabilitation. Many Pittsburgh premises liability victims live with constant pain. Our personal injury lawyers demand compensation for all your current and future damages including all your:
- Medical bills
- Lost income and benefits
- Physical pain and emotional suffering
- Scarring and disfigurement
- Loss of life’s pleasures, loss of function, and loss of consortium
If the property owner knew of a dangerous condition and deliberately failed to fix it or warn you, we will file a claim for punitive damages.
Do you have a premises liability lawyer near me?
We meet with clients at our North Shore office which is located at 801 Vinial Street in Pittsburgh. We’re on the 3rd floor of the Deutschtown Center building, across the street from Penn Brewery. There’s plenty of parking onsite. You can also reach the office of Carmody and Ging by bus – get off at the Troy Hill Road
stop; we’re around the corner. If you’re too injured to travel, call us. We can set up a video conference or discuss meeting you at your home, a hospital, or a rehab facility.
Our lawyers have been fighting for the injured for a combined 60 years. We understand how to prepare your case, show that the defendants are responsible, and negotiate your claim with insurance companies. We are ready to try your case if the insurance company doesn’t make a fair settlement offer.
Pittsburgh premises liability lawyers you know and trust
Injured while shopping or just walking through a store, parking lot, office, restaurant, apartment, or any other location? Carmody and Ging is here to help. Our lawyers understand how to file a premises liability claim and why property owners and others should be held liable for your injuries. We’ll help you obtain the compensation you deserve. To schedule a free consultation with an experienced Pittsburgh premises liability, please call 412.281.2929 or fill out our contact form. We’ll help you get your life back on track.
