Surveillance footage is critical evidence that can prove exactly what happened, how long hazards existed, and counter property owner defenses. However, many properties erase footage after 30-90 days. Your attorney must act immediately to preserve this evidence through spoliation letters and legal demands. If property owners destroy footage after receiving preservation demands, courts may presume the footage would have supported your case. Even if footage doesn’t exist, your attorney will document this fact and explain to juries why property owners should have had functioning cameras, particularly in inadequate security cases.

Simple cases with clear liability and well-documented injuries might resolve in 6-12 months. More complex cases involving disputed liability, serious injuries requiring ongoing treatment, or multiple defendants typically take 18-36 months from filing through settlement or trial. Ensure all future medical needs are accounted for. While faster resolution is tempting, rushing can result in under-compensation if injuries worsen or costs exceed initial estimates. Your
Philadelphia premises liability accident lawyer will work efficiently while ensuring you receive full compensation.

Most premises liability cases settle before trial, often during or shortly after discovery when both sides understand the strength of the evidence. Property owners and their insurance companies typically want to avoid the unpredictability and expense of trial. However, having an attorney prepared to try your case is essential to achieving fair settlement offers. Insurance companies offer more when they know you have experienced trial counsel. Settlement negotiations often intensify as trial approaches.

Liability depends on who controlled the area where you were injured and who was responsible for maintenance. Landlords typically remain liable for common areas (hallways, stairs, parking lots) while tenants are responsible for their leased space. However, if the landlord knew of hazards in the tenant’s space and failed to address them, or if the lease assigns certain maintenance responsibilities to the landlord, the landlord may share liability. In many cases, both landlord and tenant may be liable, allowing recovery from multiple insurance policies.

Property owners must conduct regular, reasonable inspections and address hazards promptly. Simply claiming they cleaned recently doesn’t absolve liability if hazards developed afterward. The key question is whether they had actual or constructive notice of the hazard and reasonable time to address it. Your attorney will investigate cleaning and inspection logs (which are often created after accidents or are incomplete), employee schedules and responsibilities, prior incident reports, and how long the condition actually existed. Surveillance footage can be critical in proving how long hazards existed before your accident.

Case value depends on multiple factors including injury severity, medical expenses (past and future), lost income and earning capacity, permanent disabilities, pain and suffering, scarring or disfigurement, and how the injury impacts your daily life. Every case is different. Your premises liability attorney will calculate damages based on medical evidence, expert testimony, and comparable verdicts in similar cases.

Property owners owe limited duties to trespassers; generally only to avoid willful or wanton harm. However, there are exceptions. If the property owner knew trespassers frequently entered the property (like an attractive nuisance such as a pool), they may owe a higher duty. Children who trespass receive special protections if the property owner knew or should have known children might be attracted to dangerous conditions on the property. Additionally, if you initially entered lawfully (as a customer) but then accessed a restricted area, you may still have a valid claim.

Pennsylvania follows a modified comparative negligence rule. Meaning that you can still recover damages as long as you’re less than 51% at fault for the accident. However, your compensation will be reduced by your percentage of fault. For example, if you’re awarded $100,000 but found 20% at fault, you’d receive $80,000. Insurance companies often exaggerate victim fault to reduce payouts. Common arguments include that you weren’t paying attention, were distracted, or the hazard was “obvious.” Your premises liability lawyer will counter these arguments with evidence showing the property owner’s negligence was the primary cause.

Proving knowledge requires demonstrating either actual notice (the owner or employees knew about the hazard) or constructive notice (the condition existed long enough that reasonable inspections would have discovered it). Evidence includes prior incident reports showing similar accidents in the same location, maintenance logs showing repeated issues, complaints from other customers or tenants, surveillance footage showing how long the hazard existed, work orders for repairs, and employee statements. Your Philadelphia premise liability lawyer will obtain these records through discovery and subpoenas. The longer a hazard existed, the stronger the argument that the property owner should have known about it.

Seek medical attention immediately, even if injuries seem minor. Some serious injuries don’t show symptoms right away, so take it seriously. Report the accident to the property owner, manager, or staff and request they document it in an incident report. Ask for a copy. Take photos of the hazard that caused your fall, including the surrounding area, lighting conditions, and any warning signs (or lack thereof). Photograph your injuries and the clothing/shoes you were wearing. Get contact information from witnesses who saw the accident. Preserve physical evidence like torn clothing or damaged shoes. Do not give recorded statements to insurance adjusters without consulting a premises liability attorney first.

In most cases, Pennsylvania law requires that a premises liability lawsuit be filed within two years from the date of injury. This deadline is known as the statute of limitations. If a claim is not filed within this time frame, the court may permanently bar you from pursuing compensation, regardless of the strength of the case.

Additional factors can also influence the filing deadline, including whether the claim involves a government-owned property, a minor injured in the accident, or a wrongful death claim. Claims against government entities require special notice within six months and have specific filing procedures. When minors are involved, the statute of limitations may be tolled (paused) until they reach age 18.