If you received an injury in Pennsylvania, there are a few things you should know. First, you need to understand that based on the nature of your injury and the accident, you may be eligible to sue and get compensated for your injuries.
Second, you should be aware of the limitations for premises claims in Pennsylvania. There are several key aspects that you should be aware of before you go and file your premise claim. Listed below are the most important key aspects and limitations that every Pennsylvanian should be aware of.
Negligence Vs. Strict Liability
After receiving an injury, there are two ways in which a plaintiff could recover damages:
- Citing strict liability
- Citing negligence
In the first one, the plaintiff could recover damages by applying that the accident involved a condition which is dangerous and abnormal for the situation. For instance, a property owner had several dangerous dogs freely wandering around the perimeter. If the dogs attack someone, the property owner will be held responsible and cited with strict liability.
In the latter case, the plaintiff has to prove several things before he or she is able to file a successful premise claim:
- The property owner neglected their property
- The owner did a poor job on maintaining the property
- The owner knew about the dangerous property conditions
- The breach of duty caused the injury
Once you are able to prove these conditions, you will have a successful claim in hand. To help you investigate the case and collect much-needed evidence, Philadelphia Premises Liability Attorney is at your disposal, ready and waiting for your call.
Comparative Negligence
The state of Philadelphia uses comparative negligence to determine who is responsible for an incident that was caused by someone’s negligence. According to the law, the plaintiff will be rewarded damages as compensation, as long as he or she is not more to blame than the other person involved.
If the plaintiff is only partially responsible for the accident, the reward will be reduced based on the percentage of guilt assigned. For example, if the plaintiff is 20 percent responsible, his or her reward will be reduced by 20 percent.
Statute of Limitations
Just like every other state within the U.S., Philadelphia also has a statute of limitations. That means that there are certain rules and limitations when it comes to filing a claim after an accident.
The law states that from the moment the injury is sustained, every injured individual has 2 years to file a claim. Missing that time period will result in an immediate dismissal by the court.
If you got injured and want to file a premise liability claim, be sure to contact a Premises Liability Attorney in Philadelphia and seek their counsel and wisdom. They will tell you what you should do and how you should do it to maximize your compensation. Do not waste any of your time, and be sure to do it as quickly as possible, as it is in your best interest to do so.
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