Premises Liability

Premises liability cases develop when a property owner negligently maintains their property, and someone is injured due to that negligence.  Sometimes these accidents are referred to as “slip and fall” matters. It is important to identify the cause of the accident as soon as possible so that a theory of liability can be developed. It is also important that the accident scene is documented with photographs. Often, an expert will examine the site of the fall to help identify the property owner’s negligence. For instance, simply falling on ice outside a retail establishment does not necessarily mean that the property owner was negligent. A careful analysis must be undertaken including examining weather reports, maintenance logs, water runoff issues, etc.  At the Law Offices of James V. Monaghan, we spare no expense to fully investigate accident scenes so that we can overwhelm the insurance company with facts supporting their insured’s negligence.

Know Your Rights

In Pennsylvania, the doctrine of “Hills and Ridges” applies to falls caused by ice and snow. This principle applies to paved areas where pedestrians are expected to travel. Under this doctrine, for a plaintiff to recover he or she must show that ridges or elevations, and not just generally slippery conditions, were the cause of the fall.  There are exceptions to this rule but this underscores the importance of an early and thorough investigation of the accident scene.