Individuals who are invited onto the property of another, whether that be as a customer in a store or as a social guest at a friend's gathering, usually don't give much thought to how the property itself may pose a danger to their safety and well-being. Yet, oftentimes property owners failed to routinely inspect their properties, and thereby quickly identify and remedy hazardous conditions. As a result, unsuspecting individuals are sometimes injured or even killed by dangerous property conditions. This is entirely unacceptable, which is why those who have been injured in an accident while on the property of another should carefully consider the legal options available to them.
One couple has done just that after a woman was injured while on the premises of a Pennsylvania casino. The woman claims that she suffered injuries to her neck, shoulder, ankle, and foot after she tripped and fell on a broken manhole cover in the casino's parking lot. She is now seeking more than $50,000 in damages because she believes that the casino did not properly identify and remedy that dangerous condition.
Before this woman can succeed on her claim, she, and others pursuing premises liability lawsuits, must prove certain legal elements. Amongst these are that a duty of care was owed to the injured individual, and that the property owner did not act reasonably in maintaining a safe property. There are many factors that go into these considerations, such as the foreseeability of injury given the dangerousness of the particular property hazard in question.
These premises liability cases can become quite messy, but they are oftentimes able to be settled out of court. This, however, does not mean that a victim can forgo trial preparation. Instead, he or she should be prepared to present a strong legal argument in court and utilize the strength of that argument at the negotiation table. This is where the assistance of a skilled personal injury attorney may prove beneficial.