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What to Know About Property Claims

April 4, 2019

Sometimes property owners neglect the condition of their property and create dangerous conditions. If you have been injured as a result of a property owner’s neglect, you may be able to recover compensation for your injuries. Property owners and businesses have a duty to provide a safe environment for individuals on their premises. It’s our job to prove that your accident could have been prevented and that you receive the compensation you deserve for your injury.

Types of Property Claims

There are a wide variety of conditions that can be cause for injury, including very common problems such as holes in sidewalks, defective entrance ways, and defective doors. Other causes of concern are defective stairs, including lack of railings, inconsistent rise and run, and code violations for lack of railings or improper height of stairs. Also, be aware that any injury incurred from a fall in a store to an accident due to ice and snow accumulations could also result in a justified property claim.

What to Do if You’re Injured on Someone Else’s Property

Report the accident.

Most large corporations have accident reports that managers will prepare. Make sure you report your accident immediately if you are able and review the accident report. Many large corporations may also ask you to sign the accident report. Do not do this unless everything contained in the accident report is accurate.

Seek medical attention.

If possible, get photographs immediately.

What NOT To Do

Don’t blame yourself.

Many times, retailers or large companies place things in walkways, such as advertisements or sale posters. These things are distractions. Much of the marketing is directed to occupy the victim’s attention and focus the victim’s attention more on shopping than where they are walking or what they are walking on.  Many times, victims will blame themselves for not seeing something, when in fact, a catchy advertisement or an attractive display diverted their attention from apparent danger.

Burden of Proof

Pennsylvania requires that we prove that the property owner had actual notice of the defect or constructive notice which means they should have known there was a dangerous condition. This is proved via investigation to discover the source of the danger and the amount of time that it would have taken to develop. The cause of the danger is also explored.

If you are an injured victim hurt on someone else’s property, we recommend that you contact a Scranton personal injury lawyer at Caputo & Mariotti as soon as possible after the injury.

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