Accidents can happen anywhere, and when they occur on someone else’s property, they can lead to serious consequences. In Pennsylvania, property owners are legally responsible for maintaining safe conditions on their premises. If you’ve been injured while on someone else’s property, it’s important to know what steps to take to protect your health and your legal rights.

Whether the injury happens at a business, a friend’s house, or a public location, understanding the legal process is key to securing the compensation you deserve. Here’s a breakdown of the steps you should follow if you’re injured on someone else’s property in Pennsylvania.

Seek Immediate Medical Attention

The most important thing to do after any injury is to seek medical attention. Even if the injury seems minor, it’s crucial to have it evaluated by a doctor. Some injuries, such as concussions, sprains, or fractures, may not be immediately obvious. Waiting too long to see a medical professional can worsen your injury and make it harder to prove the extent of your injuries later.

Additionally, medical records are essential when filing a personal injury claim. They will help document the severity of your injury and provide evidence to support your case. If you don’t seek treatment, the property owner or their insurance company might argue that your injuries weren’t as serious as you claim.

Report the Incident to the Property Owner

Once you’ve received medical attention, the next step is to report the accident to the property owner. If you were injured in a store, restaurant, or other business, inform the manager or an employee immediately. Be sure to get a copy of the incident report for your records. If you’re injured on someone’s private property, inform the homeowner or property manager about the accident.

Document the details of the report, including the date, time, and circumstances of the injury. This report could be crucial when establishing liability for the accident. If the property owner or manager is reluctant to write up the report or doesn’t seem to take your injury seriously, it could indicate that they are not willing to take responsibility for the incident. You should still proceed with documenting everything on your own.

Collect Evidence at the Scene

In personal injury claims, the more evidence you have, the stronger your case will be. If possible, take photos of the scene where the injury occurred. Focus on conditions that contributed to the accident, such as wet floors, loose carpeting, broken steps, or poor lighting. Photos of your injuries can also be useful later.

If there were any witnesses to the accident, ask for their names and contact information. Their testimony could help corroborate your version of events. Additionally, if there’s surveillance footage from security cameras, request that the footage be preserved. This can be particularly useful in proving what happened.

Keep Track of All Expenses and Damages

From the moment of the injury, start keeping track of all expenses related to the incident. This includes medical bills, prescription costs, and any out-of-pocket expenses, like transportation to doctor appointments. Also, keep a record of any lost wages due to the injury. If your condition prevents you from working, it’s important to document how much income you’ve lost as a result.

Beyond medical and financial expenses, you should also note any non-economic damages, such as pain and suffering. These types of damages are more subjective, but they still have value in a personal injury claim. Consider how your injury has affected your daily life—whether it’s caused ongoing pain, hindered your ability to enjoy activities, or impacted your relationships.

Identify Potential Liability

To pursue compensation for your injuries, you’ll need to prove that the property owner is liable for the accident. Under Pennsylvania law, property owners are required to maintain their premises in a reasonably safe condition for visitors. However, the level of responsibility they have depends on the type of visitor you are:

• Invitees: These are individuals on the property for business reasons, such as customers in a store or patrons in a restaurant. Property owners have the highest responsibility to ensure the premises are safe for invitees or to provide warnings about any potential dangers.
• Licensees: These individuals are on the property for social visits, such as guests at a friend’s house. Property owners must inform licensees of any known hazards but are not obligated to fix them.
• Trespassers: These are people who enter the property without the owner’s permission. Property owners have the lowest duty of care toward trespassers, primarily ensuring they do not cause intentional harm.

Depending on your status as a visitor, the property owner’s responsibilities may vary. Your legal rights and the strength of your case will depend on how you can prove the property owner failed to meet their duty of care.

Consult a Personal Injury Lawyer

After an injury on someone else’s property, it’s important to contact a personal injury lawyer as soon as possible. An attorney can help you navigate the complex process of filing a claim, gathering evidence, and negotiating with insurance companies. They’ll also help determine whether the property owner or their insurance company is liable for your injuries.

An experienced personal injury lawyer will understand the nuances of premises liability laws and how they apply to your specific situation. They can investigate the scene of the accident, speak with witnesses, and work with experts to build a strong case on your behalf. Additionally, they can assist in calculating damages, including medical expenses, lost wages, pain and suffering, and other costs.

Know the Statute of Limitations

In Pennsylvania, you have a limited time to file a personal injury claim. The statute of limitations for most premises liability cases is two years from the date of the accident. If you fail to file within this time frame, you may lose your right to pursue compensation.

While this may seem like plenty of time, it’s important to act quickly. Witnesses may forget important details over time, and evidence may be lost or degraded. By contacting a lawyer early, you ensure that your case is handled properly and that no deadlines are missed.

Understand Insurance Coverage

If the property owner has insurance coverage, this may be the first place to seek compensation. Property owners are typically required to carry insurance to cover injuries that occur on their premises. However, insurance companies are often more focused on minimizing payouts than on fully compensating injured individuals. Having an attorney handle communications with the insurance company can help ensure that you are treated fairly.

In some cases, if the property owner doesn’t have insurance or if the coverage is insufficient, you may be able to file a claim through your own homeowner’s or renter’s insurance, depending on the circumstances. Your attorney can guide you on the best approach for securing compensation.

Conclusion

Getting injured on someone else’s property can lead to physical, emotional, and financial hardships. It’s important to take the necessary steps to protect your health and your legal rights. Reporting the incident, collecting evidence, and seeking professional legal assistance are key to building a successful case.

At Kingbird Legal, we specialize in premises liability claims and understand the complexities of Pennsylvania’s personal injury laws. If you’ve been injured on someone else’s property, our experienced team can help you navigate the legal process and fight for the compensation you deserve. Contact us today to schedule a consultation and take the first step toward justice.