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Premises Liability FAQs

Premises Liability FAQs

Q: I slipped on ice on someone else’s property. Are they liable for my injuries?

Whether a property is owned by a private homeowner, or a business, there are laws in place that require the properties be maintained in safe condition. If you were injured on someone’s property because of their negligence, like failure to remove ice and snow from walkways, they can be liable for your injuries, and for compensating you for your injuries. Businesses in particular have a duty to provide safe and well-maintained premises for their invited guests – prospective consumers like you.
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Q: I fell in a public place, and I don’t know who owns it. Could I still have a claim against someone?

Yes. Many places that are publicly accessible are leased or owned by private entities, but even when they are not, you may still have a claim against the corporation or person who is responsible for maintaining the premises in proper working order. We can help you figure out who the responsible party is and represent your interests against them.
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Q: I was texting while walking and tripped on a faulty sidewalk, or in a store where there was liquid on the floor, can I still recover for my injuries?

Well, the short, but complicated answer is: it depends. In Pennsylvania, there is a statute for comparative negligence, where you, the plaintiff, could have contributed to the fall by your own negligence- walking while distracted. However, PA law allows for you to still recover if the defendant’s negligence was more contributory to the incident than you were. In other words, if the defendant was 51% or more negligent to the factors that led to the injury, you can still recover, but your recovery could be diminished based on your contributed negligence. This means if you were distracted while walking, but there was a large oil spill in aisle four of your local grocery store that the store knew or should have known about, they could be found to be 85% negligent in this situation, where you would only be 15% negligent.
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Q: I fell down the stairs at a restaurant and broke three bones, is the restaurant liable?

As a business, the restaurant does have a duty to take reasonable care to know the condition of the property and identify any defects on the property, or give warning and notice of the risk presented to someone like you, who is considered a business invitee. That means, if the handrail wasn’t attached properly, or the stair heights differed, or there was a gap between one stair and the next that caused you to miss a step, and there were no visible warning signs, then the owner could be liable.
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  • "I had a slip and fall in a grocery store and injured my shoulder to the point of needing surgery to repair. The Law Firm made contact with them to make restitution on my behalf. After going back and forth… they awarded me a settlement for my pain and medical bills. The [Firm] were super easy to work with and I would definitely… use them again. I was and am very satisfied with the end result. THANK YOU!"  -Bob S.

  • "When I got hurt at work I didn’t know what I was going to do being a single mom of three. It was very scary and only weeks before Christmas to boot. I was referred to the Pagano Law Firm by my mom and it was the best decision. The Firm took me under their wing and assured me everything would be okay. They handled everything and kept me posted along the way. I am so happy to be back on my feet in more ways than one… my case was handled with such care and the end result was more than I expected. I would recommend the Pagano Law Firm to everyone I know!"  -Jill

  • "We reached out to the Pagano Law Firm after a serious car accident. At the time it was not clear the extent of the injuries and what it would take to make us whole. The Pagano Law Firm attorneys were diligent in the handling of the case and advocated for us not just as clients but as friends. They were considerate and professional throughout the two years it took to bring the case to a close. Ultimately, we were successful in reaching a resolution that surpassed our expectations. We are very grateful to Marlo… and would recommend the firm for any legal concerns."  -M.V.

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  • Media Office
    115 West State Street
    Suite 401
    Media, Pennsylvania 19063
    Phone: 484-442-8750
    Fax: 484-442-8742
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