If you have been injured due to the negligence of another, please contact the personal injury lawyers of Sheridan & Murray in New Jersey and Pennsylvania today for a free consultation.
Centre Square West
38th Floor
1500 Market Street
Philadelphia, PA 19102
Ph / (215) 977-9500
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403 S. White Horse Pike
Audubon, NJ 08106
Ph / (856) 216-2200
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Premises liability laws vary from state to state. Generally, these laws seek to help those who have been seriously injured or killed on another’s property as a result of the property owner’s negligence. In the event you may have a premises liability case, you need to consult experienced, personal injury lawyers to advise you and handle your case. Residents of Pennsylvania and New Jersey, residents can trust the law offices of Sheridan & Murray to provide superior representation in all premises liability claims.
Premises liability laws ensure that property owners are responsible for injuries suffered by persons on the premises under certain circumstances. Some premises liability cases may seem simple and straightforward, but the laws themselves can be difficult to interpret. To help, we have provided some basic information about premises liability below. If you think you have a case, we advise you to contact our personal injury lawyers in New Jersey and Pennsylvania right away.
Premises liability laws vary from state to state, so it is important that you seek advice from experienced personal injury lawyers. For outstanding representation, New Jersey and Pennsylvania residents should contact the attorneys of Sheridan & Murray. If you have been injured on someone else’s property because the premises were hazardous, or because the owner failed to warn you of a hazardous condition, you may be entitled to compensation. You should not have to suffer for someone else’s negligence.
Generally, in order to have a successful outcome in your premises liability case, there are four points that must be proven by your attorney:
1. The defendant must have a duty to prevent the plaintiff from being injured.
2. The defendant must have failed in that duty to the plaintiff.
3. That failure of duty must be the cause of the injury to the plaintiff.
4. The plaintiff must have an injury (whether physical, economic, or emotional).
If you feel you have been injured due to a property owner’s negligence, contact our personal injury lawyers in New Jersey and Pennsylvania at Sheridan & Murray today.
In the context of premises liability law, a person "possesses" the premises if he or she occupies, has occupied, or is entitled to immediately occupy the property with intent to control the land (if no other individual is in occupation of the land at the time in question).
Premises owners are normally charged with keeping public sidewalks in front of their premises clear, as well as maintaining their property so it does not pose a danger to members of the public passing by their premises on a sidewalk. Most roadways are owned and maintained by the state, county or municipality in which they are located. The entity responsible for the roadway is required by law to ensure that the roadways are properly designed and maintained. The experienced lawyers at Sheridan & Murray have proven results in different cases involving dangerous roads. Please visit our verdicts and settlements page for further information about these premises liability cases.
A premises owner is typically not allowed to transfer responsibility for their property by delegating the duties of maintaining their property to third parties. If the defendant is in possession of the property at the time of the incident, the defendant cannot escape legal responsibility because he or she contracted out with a company or individual to provide property maintenance. For example, a company is still responsible if a person slips on ice on their sidewalk, even though the company hired a third party to clear the ice.
The premises liability law of most states requires the court to determine whether the plaintiff was an invitee, a licensee, or a trespasser at the time the injury occurred. The property owner's duty to the injured party can vary depending upon how the plaintiff is categorized. The definitions below are general and may not apply to all jurisdictions. If you feel you have a claim, you should contact the personal injury lawyers at Sheridan & Murray, with offices in Pennsylvania and New Jersey, for a free consultation.
An individual who is invited to enter or to remain on the premises in question for business or commercial purposes is an “invitee.” A premises owner has the highest responsibility of care toward an invitee.
A possessor usually has a duty to employ ordinary care to warn or protect an invitee from any risks of harm that may arise from a condition on the premises in question if the danger of harm is unreasonable, and if the possessor knows or should know of the danger to an invitee.
The property owner usually has a duty to inspect the premises periodically for any hazards to invitees.
An individual who is invited onto property for any reason other than a business or commercial purpose is a licensee. A social visitor is considered a licensee rather than an invitee.
The owner of the premises is liable for any physical harm caused to a licensee by a condition on the premises if the plaintiff establishes the following three conditions:
1. The possessor knew, or reasonably should have known of the condition, and should have realized that the condition involved an unreasonable risk of harm to the licensee, and should have known that the licensee would not discover the danger;
2. The possessor did not exercise reasonable care to either make the condition safe, or to give warning to the licensee of the condition and of the risk involved;
3. The licensee did not know, or did not have reason to know, of the said condition and of the risk involved.
A trespasser is an individual who enters the premises of the owner without an express or implied invitation. The individual enters for his or her own purposes and not in the performance of any duty to the owner. It is usually not necessary for the defendant to establish that a trespasser had malicious or unlawful intent in making such an entry.
Wherever premises owners are not aware of the presence of trespassers, they usually do not have a duty to warn trespassers of any dangers or make their premises safe for the benefit of trespassers. If the premises owner is aware of the presence, or potential presence of trespassers, the premises owner may be obligated to ensure the safety of a trespasser, or to warn trespassers of dangerous conditions.
Hiring experienced personal injury lawyers can make a crucial difference in the outcome of your premises liability claim. At Sheridan & Murray, we know New Jersey and Pennsylvania laws and we will evaluate your claim up front at no cost. Should your lawsuit enter settlement negotiations or trial litigation, our attorneys will work diligently to get you the compensation you deserve. Depending on the unique circumstances of your case, you may be reimbursed for medical bills, lost wages, and other damages caused by your injury. Don’t wait until it’s too late.
If you or someone you know has been injured due to the negligence of a property owner, contact Sheridan & Murray today to speak with our experienced personal injury lawyers in New Jersey or Pennsylvania. There is no commitment and our legal review is free. Your case will be evaluated immediately, so get started on your claim today.