Premises Liability Defense For Businesses And Property Owners

Property owners, renters, contractors or insurers can face serious risks when a visitor injures themselves on the premises. When these incidents occur, the lawyers at Wilbraham, Lawler & Buba, P.C., P.C. work on a broad range of litigated matters pertaining to the possession and maintenance of property.

Defending A Variety Of Industries And Businesses Against Premises Liability

A premises liability claim can expose your business to operational disruption and reputational damage. That is why we tailor our defense strategies around the operational realities and the jurisdictional laws. Our business premises liability defense attorneys represent a variety of industries, including: 

• Retail and commercial businesses: Grocery stores, restaurants and office buildings routinely face claims involving wet floors, parking lot hazards and crowd-related incidents. These claims often hinge on whether the business had put up a notice of the risk.
• Hospitality and entertainment: Hotels, bars, entertainment facilities and recreational venues face risks involving negligent security allegations and pool injuries. 
• Industrial and manufacturing facilities: Warehousing operations, factories and distribution centers present unique risks involving loading docks and forklifts.
• Property management companies and landlords: Commercial landlords and property management companies face recurring claims involving stairwells and lighting.
• Municipalities and government entities: Public entities throughout Pennsylvania, New York, New Jersey, Delaware and West Virginia face claims involving parks, public buildings and transit areas. 

Our premises liability defense lawyer works closely with you as a business owner to develop tailored defense strategies to reduce exposure. Contact our premises liability defense lawyer for an early case assessment.

Strong Defense In Common Premises Liability Claims 

Liability claims require an immediate, strategic legal response; otherwise, you may be exposing your business to significant financial risks. For instance, allegations of negligent maintenance can cause reputational damage to your business. 

Whether it is a slip-and-fall accident, inadequate security, equipment malfunction, a toxic substance, faulty construction, an ADA claim or another accident that led to an injury, our attorneys understand how to resolve premises liability cases involving:

• Alleyways: Claims involving rear access areas, delivery corridors and service entrances
• Animal attacks: Businesses, landlords and commercial property owners may face allegations involving security dogs or tenant-owned animals.
• Building structures: Construction litigation may involve ceilings, railings, balconies and shelving systems. 
• Elevators and escalators: These cases frequently involve maintenance contracts, inspection records and code compliance. 
• Entries and exits: Entryway claims often center on weather-related hazards and crowd flow management.
• Floor levelness: Uneven flooring, loose tiles, cracked concrete and elevation changes can create significant trip-and-fall exposure. 
• Lighting: Inadequate lighting cases commonly arise in parking lots and stairwells.
• Parking lots and parking structures: Businesses may face claims involving drainage issues and negligent security allegations.
• Sidewalks: Sidewalk liability often depends on ownership responsibilities or municipal ordinances. 
• Snowy and icy walkways: Snow and ice liability defense requires careful analysis of weather conditions. 
• Sprinklers and other safety equipment: Claims involving malfunctioning alarms, sprinklers or emergency systems. 
• Stairs: Stairway accident claims frequently focus on handrails, lighting and maintenance records.

Our attorney works quickly to preserve surveillance footage, secure inspection records and interview witnesses. Speak with our experienced property owner liability defense attorney today. 

Tailored Defense Strategies To Protect Your Business

A successful premises liability defense requires identifying the legal, factual and operational weaknesses in a plaintiff’s claim. As such, an early, in-depth investigation of the facts of the case is a key component of a successful outcome to each client’s case. We immediately begin conducting a thorough analysis of the facts and work quickly to preserve all evidence by obtaining photographs, statements from key witnesses, and the surveillance of the plaintiff. This approach has often led to dismissals and favorable settlements that allow our clients to move beyond this litigation in a cost-efficient manner.

Our attorney can build ways to fight premises liability claims, tailored to the laws of New Jersey, Delaware, Pennsylvania, New York and West Virginia. One of our defenses is an open and obvious doctrine. If a condition was visible and reasonably avoidable, we can provide an open and obvious defense, arguing that the plaintiff should have avoided the hazard.

Another critical component of premises liability defense strategies is the comparative negligence rule. New Jersey, Delaware, Pennsylvania and West Virginia operate under modified comparative negligence rules, commonly referred to as the “51% bar rule.” That means you cannot recover damages if they are more than 50% responsible for the incident. 

On the other hand, New York uses a pure comparative negligence rule. That means you can recover damages even if you are 99% at fault, though the percentage of fault reduces your compensation. 

Our team can aggressively pursue the lack of notice. We can also help shift liability through third-party liability and contractual indemnification provisions. Our premises liability defense lawyer will analyze vendor agreements and indemnity provisions to identify opportunities for risk transfer. 

For businesses operating across multiple states, jurisdiction-specific nuances matter. As such, you need an experienced lawyer who understands various government notice requirements and contractor liability rules to provide an effective defense. Whether it is insurance defense or premises liability, we understand the strategies. Contact our premises liability defense attorney to discuss your case. 

Protecting Your Business Before A Claim Arises

Businesses that implement proactive risk management procedures place themselves in a significantly stronger position when claims arise. Our attorneys can help you plan on: 

• Proper incident documentation: We can complete incident reports immediately after any injury event to help strengthen your defense.
• Surveillance footage preservation: We can help preserve footage after notice of an incident to save your business from spoliation allegations.
• Regular property inspection: Our team can ensure good cleaning procedures and maintenance tracking systems. 
• Review vendor and contractor agreements: We can help review the agreements to ensure liability is properly transferred where appropriate. 
• Employee training: Our lawyers can help you ensure good procedures for employee training on hazard reporting to reduce risks.

We are not just litigators; our attorneys work with business owners and property managers to review operational procedures and develop practical liability reduction strategies. Contact our premises liability defense team to discuss proactive risk management solutions now. 

Frequently Asked Questions About Premises Liability Claims

Below, we give answers to the questions many businesses and property owners ask throughout New York, Delaware, New Jersey, Pennsylvania and West Virginia.

What should my business do immediately after someone is injured on our property?

You should immediately address the injured person’s medical needs, secure the area, preserve evidence, notify your insurer and consult a premises liability attorney. Fast action is critical in building a strong defense. 

How does comparative negligence affect a premises liability case in Pennsylvania and New Jersey?

The comparative negligence rule can significantly reduce or completely bar a plaintiff’s recovery depending on the percentage of their fault. If the plaintiffs are more than 50% responsible for the incident, they recover nothing. If they are less than 50% at fault, the compensation is reduced by the percentage of fault. 

Can a trespasser sue my business for injuries sustained on my property?

Yes, although property owners generally owe limited duties to unauthorized individuals, exceptions may apply. For instance, if the property owner knew about recurring trespassers and never gave a warning notice, the trespasser liability defense may become strong.

Book An Appointment With Premises Liability Defense Lawyers

Rather than engaging in an extensive and unnecessary discovery, we believe the best method is an early evaluation of each client’s claim. If liability can be clearly determined, we work to minimize the value of case while working toward an early resolution. Our clients regionally in Pennsylvania, New York, New Jersey, Delaware and West Virginia, as well as those located throughout the country have benefited from this approach since our founding in 1989.

Call 215-564-4141 or use our online form to book your consultation.