Why Choose The Cochran Firm in Philadelphia for Your Premises Liability Claim?
3 Reasons Why The Cochran Firm in Philadelphia is the Right Law Firm for You
1. We strive to obtain the highest verdicts or settlements.
Although falls are a leading cause of injuries, premises liability cases are complex, and the value of hiring the right attorney cannot be overstated. A successful outcome will depend on the skill, expertise, and experience of your premises liability lawyer. The attorneys at The Cochran Firm in Philadelphia have a reputation for excellence in premises liability law, recovering over $8 million in premises liability lawsuits, in addition to the largest personal injury settlement in Pennsylvania’s history at $227 million. We have the resources, creativity, and knowledge of how to handle and win the most difficult premises liability cases that other attorneys reject.
2. We provide unmatched legal representation to our clients.
When it comes to our clients, we strive to provide unparalleled care and service. Whether we are planning a winning strategy with you in our office or presenting compelling evidence in front of a jury, our award-winning premises liability lawyers are passionate about you, your case, and your outcome. We want to take a stressful situation and make it easier to get through, starting with the first time you call our office to make an appointment for a consultation.
To accomplish our goals as your Philadelphia premises liability attorneys, we promise to:
- Get the maximum settlement to compensate you for your losses
- Return your phone calls within 24 business hours
- Answer all your questions with clear explanations
- Understand how this injury is affecting you, so we can accomplish your legal goals
- Provide representation that excels every step of the way.
3. We are not afraid.
We are not afraid of insurance companies. In most premises liability cases, there is an insurance company involved. Insurance companies are looking out for their interests, not yours. Insurance companies will often want to quickly settle your case by offering an undervalued settlement amount and get the case off their books, but we know their game plan, tricks, and tactics.
We are not afraid to go to trial. If the settlement offer is significantly less than what we believe you deserve, we will likely recommend filing a lawsuit and proceeding to trial. While there are many things to consider before deciding to advance with litigation in a premises liability lawsuit, we have been practicing law long enough to know that we must be prepared to go to trial to protect your rights when you deserve a full and fair settlement.
We are not afraid of defense attorneys. The property owner and their insurance company will hire a team of defense attorneys to fight your claim, and they will almost always file a motion for summary judgment to dismiss your case as the first order of business. We will present a strong case each step of the way, and we will be prepared to fight back against the defense’s legal team.
If you have been injured on someone else’s property, don’t suffer any longer. Contact an experienced Philadelphia premises liability lawyer today to help you determine the damages you may be entitled to by calling 800-969-4400.
How Can Our Philadelphia Premises Liability Lawyers Help Right Now?
If you’ve been injured on someone else’s property, our premises liability attorneys can help get your claim on the right path today in the following ways:
- Scheduling a 100% Free Consultation: Calling The Cochran Firm in Philadelphia and scheduling a one-on-one consultation with one of our property accident lawyers is the first step to getting your life back after getting hurt on someone else’s land. The consultation is free and our time is given without obligation. We will answer any questions and clearly explain your rights under Pennsylvania law.
- Medical Treatment: Medical treatment is one of the most important things to take care of immediately after an accident. Bill collectors will try to pressure you into paying medical bills before you are fully recovered. Our Philadelphia Personal Injury Lawyers will put a freeze on all harassing collection actions while you get the treatment you need.
- Claim Investigation: Our team will immediately begin the crucial step of investigating your case and gathering evidence. We will determine who’s at fault and discover how the landowner failed to make the property safe. We will interview any witnesses, obtain your medical records, and review surveillance footage, incident reports, and photographs.
- Case Building: Once we have a thorough understanding of what happened, we will start working on building a strong legal claim that includes payment for your injuries and any other losses you have incurred. We will notify all the responsible parties and file any necessary documents on your behalf.
- Settlement Negotiation: Your premises liability attorney will negotiate a settlement with those responsible for your losses, including any insurance companies. We’ve worked hard to build a professional reputation, and we will effectively negotiate for maximum compensation on your behalf.
- Legal Action: If settlement negotiations break down, your premises liability lawyer will review the situation with you and discuss other legal options, including filing a lawsuit. We will fully explain the legal process and communicate your rights and remedies in plain words if your case goes to trial.
A premises liability lawyer can help you after a slip and fall, exposure to toxic materials, or other accidents on properties and in public places. Contact us today at 800-969-4400 to see how we can help.
What Are Some Common Defenses to a Premises Liability Case?
Comparative Negligence
In Pennsylvania, the attorneys representing the property owner or the insurance company may attempt to argue that the plaintiff (the person seeking damages) failed to exercise a degree of care at the time of their accident and the plaintiff is at least partially at fault for their injury. The most common comparative negligence allegation is that the plaintiff was not looking where they were going and therefore failed to notice an obvious hazard at the time of their injury. The opposition may argue that if a condition is open and obvious, a prudent person would see the danger and avoid it.
If the defense can prove that the plaintiff was negligent to some degree, that portion of their fault will be discounted from the overall total. For example, if a jury awards $100,000 in damages, but the plaintiff was found to be 10% at fault for the accident, the plaintiff will receive 90% of the verdict or $90,000. It’s important for individuals involved in such accidents to consult a truck accident lawyer who can help understand these complicated rules. As long as the plaintiff is less than 51% at fault, they can still receive compensation for damages in Pennsylvania.
Failure to Establish a Duty
Many premises liability accidents typically involve a slip and fall injury inside a store. People who enter stores are business invitees, and under Pennsylvania law, storeowners owe business invitees the highest duty of care. Therefore, a storeowner will be liable to an invitee if the invitee can establish that the storeowner knew of or had notice of the dangerous condition that caused the invitee’s injury.
For example, if someone is walking down an aisle in a department store and trips over a clothing rack and suffers an injury, the storeowner will be held liable if the injured invitee can demonstrate that the storeowner breached their duty of care in one of the following ways:
- The storeowner was responsible for the rack’s placement; or
- The storeowner had actual notice of the rack’s placement; or
- The storeowner had constructive notice of the rack’s placement.
Other factors to consider are the amount of time the rack had been on the floor before the invitee tripped on it; a possible cause for the rack’s placement in the aisle; what a reasonable store owner or store employee should have done to remove the rack; and that the rack’s location was indeed a dangerous condition.
If you’ve been injured on the premises of a business, you may have grounds to pursue a premises liability claim. A business owner may be responsible for your injuries if they failed to take reasonable measures to protect you from dangerous conditions. Contact The Cochran Firm in Philadelphia to analyze your case at 800-969-4400.
Answers From our Premises Liability Attorneys to Frequently Asked Questions
It’s quite common for injured people to have questions about their accident that occurred on someone’s property and how Pennsylvania premises liability laws might affect them. The following are answers to some of the most frequently asked questions our Philadelphia premises liability lawyers receive from clients:
What is premises liability?
Premises liability is the area of law that governs the rights, responsibilities, and duties of property owners when a licensee, invitee, or trespasser enters their property and is injured.
What types of accidents does premises liability cover?
Premises liability can cover a wide range of accidents, including the following examples:
- Slips and falls
- Inadequate lighting
- Safety code violations
- Defective stairs or railing
- Swimming pool accidents
- Uneven or cracked sidewalks
- Dog or animal bites
- Torn carpeting
- Amusement park accidents
- Exposed electrical wiring
- Wrongful death
- Elevator and escalator accidents
- Slippery or wet floors
- Toxic chemicals or fumes
- Assaults
- Fires and explosions
- Potholes
- Merchandise falling from shelves.
What duties do property owners have in Pennsylvania?
Under Pennsylvania law, property owners and occupiers have a duty to licensees and invitees to keep their premises in a reasonably safe condition and to warn of any potential dangers on the property. If they fail to do so and someone is injured as a result, they may be held liable for the victim’s damages.
Who is considered a licensee in Pennsylvania?
A licensee is a person who is given the privilege or “license” to enter or remain on someone’s property with the consent of the owner or possessor of the property, such as friends and guests.
Who is considered an invitee in Pennsylvania?
Public invitee – invited to enter and remain on land open to the public.
Business invitee – invited to enter and remain on land to conduct business with the land’s possessor, such as stores, airports, and hospitals.
Can a trespasser recover damages for an injury?
A trespasser can recover damages only if the property owner is found guilty of wanton or willful negligence or misconduct.
What do I need to prove to win my premises liability case?
In Pennsylvania, a plaintiff must prove the existence of a dangerous condition and that the property owner was aware of it. On the other hand, if the property owner created or helped in creating the dangerous condition, the plaintiff does not need to prove the owner was aware of the condition.
What types of losses can I recover in a premises liability accident?
- Past medical expenses
- Future medical expenses (e.g., surgeries, therapy, medications, long-term care, wheelchairs, etc.)
- Lost wages
- Future lost income
- Pain and suffering
- Disabilities
- Scars
- Disfigurement
- Emotional distress
- Loss of consortium for your spouse
- Damages to personal property.
How much time do you have to file a premises liability claim in Pennsylvania?
The time period, or statute of limitations, is generally two years from the date of the injury to file a claim for damages. There are some exceptions, such as the date from when a person discovers the injury or if the injured person is a minor.
If your injuries are serious and require extensive medical care, knowing your rights could mean more compensation for you. Contact the Philadelphia premise liability lawyers at 800-969-4400 for advice on how to pursue a claim.
A Word from The Cochran Firm in Philadelphia
Over 50 Years of Top Premises Liability Attorneys Protecting the Injured
We know that there are many premises liability attorneys in Philadelphia to choose from. We invite you to discuss your case with us and see why The Cochran Firm in Philadelphia has had a long-standing reputation for attracting some of Pennsylvania’s best attorneys – and being the best attorney also means being a compassionate advocate and having a love for our clients.
In every case, we strive to get our clients the best possible outcome so they can begin to move forward with their lives. No matter how many questions you ask, or how many concerns you need to resolve during your initial consultation, there is no obligation to hire us. We want to make sure that we are a good fit not just for your premises liability case, but for you, your family, and your future.
Contact us by calling 800-969-4400 or by using our online form. It would be our honor to have you as a client and be part of the legal legacy that started over 50 years ago and will continue well into the future.