Philadelphia Premises Liability Lawyer

When someone is injured on another person’s property due to a dangerous condition, premises liability law may provide a path to compensation. Property owners including landlords, businesses, public entities and private homeowners have a legal obligation to maintain reasonably safe conditions for those who enter their premises. When that obligation is not met and an injury results, a Philadelphia premises liability lawyer can help injured parties evaluate their options and pursue a claim.

Kline & Specter has handled premises liability cases involving serious injuries and death throughout Pennsylvania, New Jersey, Delaware, and New York. The firm’s work in this area includes some of the largest premises liability verdicts and settlements in the region’s history.

Understanding Premises Liability Law in Philadelphia

Premises liability is a branch of personal injury law that holds property owners and occupiers accountable when negligent maintenance or management of a property causes harm to a visitor. Under Pennsylvania premises liability law, property owners owe a duty of care to visitors.

What Is Comparative Negligence and How May It Impact Your Case

Pennsylvania follows a modified comparative negligence rule. An injured party may still recover compensation even if they bear some responsibility for the accident, provided their share of fault does not exceed 50 percent. If fault is assigned, any compensation awarded is reduced proportionally. If the plaintiff is found to be more than 50 percent at fault, recovery is barred. 

Insurance companies routinely look for evidence of shared fault as a way to limit their exposure, so premises liability claims must be built on a thorough factual record.

Types of Premises Liability Cases We Handle

Kline & Specter handles cases involving serious injury or death in each of the following areas:

Drowning and Swimming Pool Accidents

Pool owners and operators have a duty to maintain safe conditions, provide adequate supervision where required, and restrict access to prevent foreseeable harm. The firm has handled multiple drowning and pool accident cases resulting in significant recoveries for injured parties and surviving families, including a $24 million jury verdict in a case involving a three-year-old girl’s near-drowning at an apartment complex swimming pool.

Explosion Accidents

Gas leaks, industrial equipment failures, and other explosive hazards on poorly maintained or improperly operated premises can cause catastrophic injuries. These explosive accident cases often involve multiple responsible parties, including property owners, utilities, manufacturers, and contractors. The firm has handled several such cases, including a $40.5 million settlement following an explosion that killed six and injured six others at an apartment complex.

Slip and Fall Accidents

Slip and fall accidents are some of the most common premises liability claims. Hazardous conditions such as wet floors, uneven surfaces, broken steps, inadequate lighting, and accumulated ice or snow can form the basis of a claim when a property owner knew or should have known of the danger and failed to address it.

Amusement Park Accidents

When incidents like mechanical failures or operator error cause injury, theme parks and their management may be liable.

Electric Shock Accidents

Downed power lines or exposed wiring and other improperly maintained electrical infrastructure can cause severe and often fatal injuries. The firm has litigated electric shock cases against utilities and property owners across a range of settings. Notably, they achieved a $109 million jury verdict for the family of a woman killed by a fallen electric line.

Legionnaires’ Disease Lawsuits

Legionnaires’ disease is a severe form of pneumonia caused by Legionella bacteria, which can proliferate in poorly maintained water systems. Property owners and facility managers who fail to implement adequate water treatment and maintenance protocols may face premises liability claims when guests or visitors are exposed.

Window Fall Accidents

Defective window guards or installations that fail to meet building code requirements can result in serious injury, particularly in residential buildings and hotels. Landlords and property managers may be held liable when inadequate safeguards contribute to a window fall accident.

How to Prove Negligence in Premises Liability Lawsuits

Premises liability claims are grounded in a property owner’s negligence, specifically the failure to maintain safe conditions for those on the property. Successfully pursuing a premises liability claim requires establishing four elements:

1. that the property owner owed the injured party a duty of care;
2. that the duty was breached by failing to address a known or foreseeable dangerous condition;
3. that the breach directly caused the injury; and
4. that the injury resulted in compensable damages.

Evidence commonly includes photographs and video from the scene, including surveillance footage and witness statements. Surveillance footage in particular can be overwritten quickly, so preserving this and other available evidence such as maintenance or inspection records as early as possible following an accident is important.

What Compensation Is Available in Philadelphia Premises Liability Lawsuits?

Compensation in a premises liability case depends on the specific facts and circumstances involved. Recoverable damages generally fall into two categories. Economic damages include quantifiable financial losses such as medical expenses, lost wages, and reduced earning capacity. Non-economic damages address losses that are harder to assign a dollar figure to, including pain and suffering and loss of enjoyment of life. In cases involving egregious conduct, punitive damages may also be available.

Each case is fact-specific, and outcomes depend on the circumstances involved. Kline & Specter approaches every premises liability case with the expectation of taking it to trial, and because any resolution short of that generally forecloses the ability to seek additional compensation later, the scope of current and anticipated losses should be established early in the process.

How Long Do You Have to File a Premises Liability Lawsuit in Pennsylvania?

In Pennsylvania, premises liability claims are generally subject to a two-year statute of limitations from the date of injury, except as to minors, who have until their 20th birthday to file suit. Certain legal timelines and requirements may vary depending on the facts; cases involving government-owned property, for example, may carry different notice requirements and shorter deadlines. Because evidence can deteriorate quickly, initiating the process well before any legal deadline is advisable.

Why Choose Kline & Specter for Your Premises Liability Case

Kline & Specter has litigated premises liability cases involving complex fact patterns and high-stakes claims across the region. The firm’s work includes a $109 million verdict for the family of a woman killed by a high-voltage power line, a $51 million verdict against SEPTA in Hall v. SEPTA, and a $29.6 million settlement resulting from the Pier 34 collapse in Philadelphia, among other significant recoveries.

The firm includes a staff of doctor-lawyers who support the evaluation and litigation of serious injury claims. Cases are handled on a contingency fee basis, meaning legal fees are only collected if compensation is recovered. Individuals with questions about a potential claim may contact the firm for a confidential evaluation with our team of experienced Philadelphia premises liability lawyers.