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Case Number: 5:22-cv-03265
Judge: Edward G. Smith
Court: United States District Court for the Middle District of Pennsylvania (Leigh County)
Defendant's Attorney: Nicholas E. Sulpizio and Michael T. Droogan, Jr.
Description: Allentown, Pennsylvania personal injury lawyers represented the Plaintiffs who sued the Defendant on a premises liability negligence theory.
"Pennsylvania premises liability negligence law holds property owners and occupiers responsible for maintaining their property in a reasonably safe condition and for preventing foreseeable accidents. This includes injuries caused by slip and falls, tripping hazards, defective stairs, inadequate lighting, and other dangerous conditions.
To succeed on a premises liability claim, a plaintiff must prove the following three elements:
The property owner or occupier owed the plaintiff a duty of care.
The property owner or occupier breached their duty of care.
The breach of duty caused the plaintiff's injuries.
The duty of care owed to a plaintiff will vary depending on their status on the property. For example, property owners owe a higher duty of care to invited guests than to trespassers.
A property owner or occupier breaches their duty of care if they knew or should have known about a dangerous condition on the property and failed to take reasonable steps to fix it or warn visitors about it.
If a plaintiff can prove all three elements of a premises liability claim, they may be entitled to damages for their injuries, including medical expenses, lost wages, pain and suffering, and property damage.
Here are some examples of premises liability claims in Pennsylvania:
A customer slips and falls on a wet floor in a grocery store.
A tenant trips over a broken stair in their apartment building.
A child is injured by a falling tree branch on a homeowner's property.
A visitor is attacked by a dog on a property owner's land.
Pennsylvania premises liability law also includes a number of important defenses. For example, defendants can argue that the plaintiff's own negligence contributed to his or her injury, or that the product was misused. Defendants can also argue that the premises liability claim is barred by the statute of limitations, which is the time period within which a plaintiff must file a lawsuit.
If you have been injured on someone else's property, you should contact an experienced premises liability attorney to discuss your legal options."
Outcome: 09/22/2023 64 ORDER DISMISSING ACTION WITH PREJUDICE PURSUANT TO LOCAL RULE 41.1(b), ETC. SIGNED BY HONORABLE EDWARD G. SMITH ON 9/22/23. 9/22/23 ENTERED AND COPIES E-MAILED.(er) (Entered: 09/22/2023)