Premises Liability

A property owner has an obligation to ensure that their property is free and clear of defects or dangerous conditions that could reasonably cause injury to another.

If you believe you have suffered personal injuries due to a dangerous condition that exists on another’s property, we will be happy to discuss this matter with you. It is important to obtain the address of the defective premises, photographs of the condition (if possible) and names and contact information of all witnesses. Note that it is important to save all evidence such as the clothing and shoes you were wearing, as well as any items of damaged personal property.

As a person harmed by a defective condition on another’s property, you may be entitled to damages for loss of wages, lost earning capacity, scarring and disfigurement, loss of the pleasures and enjoyment of life, past and future medical costs, and past and future pain and suffering.

In order to recover these damages, you must prove the following elements:

  1. That the owner or the property owed a duty of care to the person injured.
  2. That a defective condition existed on the property.
  3. That the owner of the property knew or should have known about the condition but failed to take steps to warn of it or fix it.
  4. That you have suffered personal injury and/or other damages.

At Baratta, Russell and Baratta we have successfully handled numerous premises liability claims. The most notable may be the case of William Allbrook, a telephone service man who slipped down the slate stairwell of a Montgomery County Company called the PQ Corporation. We argued that the slate stairwell was dangerously slippery when wet, with the coefficient of friction equal to being on ice, and that PQ Corporation had a duty to make the stairs less slippery by installing traction tape on the steps to prevent falls like Mr. Allbrook’s.

Prior to trial, PQ offered $50,000 to settle Mr. Allbrook’s case. The jury awarded $1,600,000 and, after appeals, settled for $2,400,000 (adding post judgment interest and pre-trial delay damages). View Article