Coatesville Premises Liability Lawyer

Property owners have a legal responsibility to keep their premises safe, but when they fail to do so, serious injuries can occur. If you were hurt due to unsafe conditions on someone else’s property, Kingbird Legal’s experienced premises liability lawyers in Coatesville will fight for the compensation you deserve. From slip and falls to negligent security claims, we are here to protect your rights. Call 484-289-4880 today for a free consultation and let us help you take legal action.

Understanding the Time Limits for Premises Liability Claims in Pennsylvania

If you’ve been injured on someone else’s property, whether from a slip and fall, falling object, or another dangerous condition, you might have the right to pursue compensation through a premises liability claim. However, like most legal matters, there are strict time limits for filing such a claim. These limits are in place to ensure that legal matters are handled efficiently and that evidence remains fresh. In Pennsylvania, understanding these time limits can significantly impact the outcome of your case.

If you’re considering pursuing a premises liability claim in Pennsylvania, it’s crucial to understand the statute of limitations and the various factors that can affect how much time you have.

What Is a Premises Liability Claim?

Premises liability is a type of personal injury claim that arises when someone is injured on another person’s property due to unsafe conditions. Common examples of premises liability accidents include:

Slip and fall accidents due to wet floors or icy sidewalks
Injuries from falling objects in stores or warehouses
Dog bites or attacks on someone’s property
Accidents caused by poorly maintained stairways, elevators, or escalators
Injuries from inadequate security leading to assaults or robberies

To win a premises liability case, the injured party must prove that the property owner was negligent in maintaining a safe environment. This might include showing that the property owner knew about the dangerous condition or should have known about it and failed to address it within a reasonable time.

What Is the Statute of Limitations for Premises Liability Claims in Pennsylvania?

In Pennsylvania, the statute of limitations for premises liability claims, like most personal injury claims, is two years from the date of the injury. This means you have a limited amount of time to file a lawsuit against the responsible party (the property owner, tenant, or other liable parties). If you miss this deadline, you may lose your right to seek compensation for your injuries, even if you have a strong case.

The two-year period begins from the date of the injury, not the date you discover the injury or its full extent. This can be important in cases where injuries, like back or head injuries, may not be immediately apparent.

Why Are Statutes of Limitations Important?

Statutes of limitations serve several important functions in the legal system:

Preservation of Evidence: Over time, memories fade, witnesses may become unavailable, and physical evidence can deteriorate. By setting time limits, the legal system ensures that cases are brought while evidence is still fresh.
Prompt Resolution: The statute of limitations helps avoid prolonged uncertainty. It ensures that individuals resolve legal matters in a timely manner so they can move forward with their lives.
Fairness to Defendants: It prevents people from being sued for incidents that occurred years ago when it may be difficult to defend themselves or properly investigate the case.

When Does the Two-Year Period Begin?

In most premises liability cases, the two-year period begins on the date of the accident or injury. For example, if you slip and fall at a grocery store on January 1st, 2025, you generally have until January 1st, 2027, to file your lawsuit.

However, some circumstances can complicate when the clock starts ticking:

Discovery Rule: In some cases, you may not realize the full extent of your injury immediately. For instance, you might feel fine right after a fall but develop severe back pain days or weeks later. Under the “discovery rule,” the statute of limitations may not begin until you discover the injury or when it should have been discovered with reasonable diligence. This rule is typically used in cases involving latent injuries, such as brain injuries or nerve damage.
Delayed Knowledge of Defect: In some cases, you may not know the dangerous condition existed until after the injury. For instance, if you are injured by an unmarked hazard that is not immediately apparent, the statute of limitations could be delayed until you become aware of the unsafe condition.
Minor Plaintiffs: If the person injured is a minor, the statute of limitations is often paused until the minor reaches the age of 18. In such cases, a lawsuit can be filed anytime before the minor turns 20.

What Happens if You Miss the Deadline?

If you miss the two-year filing deadline, your ability to seek compensation may be lost. In almost all circumstances, the defendant (the property owner or responsible party) will file a motion to dismiss your case on the grounds that the statute of limitations has expired. Courts are usually very strict about enforcing the statute of limitations, so it’s critical to act promptly if you’ve been injured.

While some exceptions exist (such as the discovery rule), it’s risky to assume that you’ll be able to extend the deadline. Once the two years pass, your claim will likely be dismissed, and you will be unable to collect damages for your injuries.

How to Protect Your Claim

There are several steps you can take to ensure that you stay within the statute of limitations:

Seek Medical Attention Immediately: Even if you don’t think you’ve been seriously injured, it’s important to see a doctor after an accident. Not only will this help protect your health, but it also establishes a record of the injury, which is important for your claim.
Notify the Property Owner: If possible, alert the property owner, manager, or landlord about the hazardous condition that caused your injury. This can create a record of the incident and show that the responsible party was aware of the problem.
Document the Incident: Gather as much evidence as you can. This includes taking photographs of the scene, getting contact information from witnesses, and keeping a record of your injuries and medical treatments.
Consult with an Attorney: It’s wise to speak with a personal injury lawyer as soon as possible. An experienced lawyer can help you understand the legal process, gather necessary evidence, and file your claim before the statute of limitations expires.
File Your Lawsuit Early: Don’t wait until the last minute to file your claim. Even if the two-year deadline seems far away, it’s best to start the process early. This gives you more time to gather evidence and strengthens your case.

Are There Any Exceptions or Special Circumstances?

While the general statute of limitations for premises liability claims in Pennsylvania is two years, there are some exceptions and special circumstances that can alter the time limit:

Government Entities: If your injury occurred on government-owned property, such as a park or a government building, the statute of limitations might be shorter. In Pennsylvania, you typically have six months to file a claim against a governmental entity.
Incarcerated Plaintiffs: If the injured person is incarcerated, the statute of limitations may be tolled (paused) until they are released.
Wrongful Death: If the injury leads to death, the statute of limitations for a wrongful death claim is typically two years from the date of death, rather than the date of the injury.

Hold Property Owners Accountable with a Premises Liability Attorney

Filing a premises liability claim in Pennsylvania is an important step if you’ve been injured due to unsafe conditions on someone else’s property. However, you need to be aware of the time limits for doing so. The two-year statute of limitations can quickly pass, so it’s crucial to act promptly if you plan to pursue a claim.

If you’ve been injured in a premises liability accident, contacting an experienced personal injury attorney as soon as possible can help ensure your case is handled effectively within the legal time frame. Kingbird Legal’s experienced premises liability attorneys in Coatesville will fight to hold negligent property owners accountable and recover the damages you need. Don’t wait—call 484-289-4880 for a free consultation and take the first step toward justice.