Victory for Client Who Suffered Serious Hand Injuries Playing Trampoline Basketball
August 17, 2021
Our premises liability lawyer represented a man injured at a business where equipment was not safely maintained.
Business owners in Pennsylvania have a duty to maintain their premises in a reasonably safe condition and fix dangers in a timely manner to prevent injury to others. They must regularly inspect the property for potential hazards that could cause harm. If the owner of the property knows – or should know — about a hazardous condition, fails to remedy the problem, and someone is injured as a result, the owners may be found negligent and liable for injuries in a premises liability claim.
How the Injury Happened
Such a case was recently settled by Adam Getson, a premises liability lawyer at Wapner Newman in Philadelphia. Our client sustained serious personal injuries, including fracture and deformity of the right hand, neuropathy, injuries to his head, and shock and injury to his nerves and nervous system, when he was propelled into an unprotected, exposed metal bar in the jumpshot trampoline basketball area of the Oasis Family Fun Center. Getson filed a premises liability lawsuit, alleging negligence and failure to maintain the property in a condition reasonably safe for the individuals using the facility.
Outcome of the Case
Mr. Getson was able to show with compelling evidence that a jury very easily could believe that the amusement was improperly padded and that the commercial entity had failed to properly supervise the activities. The settlement was very well received by Mr. Getson’s client, and it serves as an example to other business owners that they must ensure that equipment is safe for use.
Why You Should Work with an Attorney
If you or a loved one has been injured on someone else’s property in Pennsylvania due to negligence of another party, you may also be entitled to compensation for your losses through a premises liability claim. Premises liability law is complicated and puts the burden on the plaintiff to prove that the property owner was at fault and that their negligence caused the injuries. The negligent parties, and their insurers, usually deny responsibility for the injury-producing event, often attempting to place the blame only on the injured party in order to avoid payment.
Fortunately, the Philadelphia premises liability lawyers at Wapner Newman understand what you are going through and the tactics used by those who have failed in their duty to safely maintain premises for their reasonably anticipated use. We can take the burden off you by handling all dealings and negotiations with insurance companies, and the paperwork, court appearances, and legal hurdles involved with filing a lawsuit and getting you compensation that you deserve. We will aggressively fight to hold the negligent parties accountable and make a recovery that covers both your expenses and the pain and suffering from your injuries.
We offer a free consultation to discuss the facts of your individual situation and determine the best way to move forward. You pay nothing unless we win, so call us today at (215) 569-0900 for your free, no-obligation case evaluation.
Proving Negligence
To win your case, our attorneys must prove that any or all of the parties responsible for upkeep of the property (the defendants in the case), were negligent and at fault for the conditions that caused your accident and your injuries.
This involves legally establishing the following elements:
1. The defendant had a duty of care to keep the property in a safe manner.
2. This duty was breached because there was a dangerous condition that posed an unreasonable risk of harm.
3. The defendant knew or should have known about the condition and had time to remedy the condition but failed to do so.
4. This negligence caused your accident.
5. You suffered damages as a result.
There are situations where multiple parties share the liability for an injury on the premises, such as when there are several owners of a property or there is a management company responsible for repairs. Our attorneys will look to hold them all responsible, as they may all have insurance or assets that can go toward a settlement.
Categories of Visitors to Property
A property owner’s duty of care changes based on your purpose for being on the property. The law defines your status as:
- Business invitee — someone who goes to a property for a business purpose. A business invitee is owed the highest standard of care, so operators must inspect their property and correct any dangerous conditions. (Our attorneys argued that this was not done in the Oasis case, as the trampoline was improperly padded.)
- Licensee – someone who has the owner’s permission to be on the property, but not necessarily an express invitation. There is a duty to correct or warn licensees about a known dangerous condition, but no duty to inspect the property.
- Trespasser – someone who goes onto a property but does not have permission. Unless deliberately trying to cause harm, the owner is not responsible for injury to trespassers.
Compensation a Premises Liability Attorney May Win for You
In a successful premises liability lawsuit, our attorneys will attempt to recover both economic and non-economic compensation for your damages.
Economic compensation includes payment for your monetary losses, such as medical and rehabilitation expenses, lost current and future wages and earning capacity, and funeral costs if a death is involved. Non-economic compensation is for less tangible damages, such as emotional and physical pain and suffering, and loss of consortium and enjoyment of life.
In some rare cases involving gross negligence, intentional torts or egregious wrongdoing on the defendant’s part, you may also be awarded punitive damages. These are intended to punish the at-fault party and to prevent others from acting similarly. Pennsylvania does not cap punitive damage awards except in medical malpractice cases.
Amounts of Damage Awards
The amount of damages that may be awarded depends on the individual facts of a case. Consideration is made for factors that include the extent and permanence of your injuries and whether you will need continuing care; whether you will be able to work in the future; the availability of evidence; the individual jurisdiction, judge, and jury if there is a trial; and the skill and negotiating ability of your attorney.
Get Help from Our Premises Liability Lawyers in Philadelphia
Our Attorneys Will Aggressively Fight for the Best Settlement Possible
At Wapner Newman, we have the knowledge and experience necessary to evaluate what your case is worth, to negotiate efficiently for a fair settlement, and to prepare and argue your case effectively should it go to trial.
Do not delay – it’s important to get started building your case while evidence is fresh and witnesses can be found, and there are time limits for filing. According to Pennsylvania statute Title 42 § 5524, there is generally a two-year statute of limitations, a deadline for filing your case, or the courts are unlikely to consider it.
If you are injured on someone else’s premises in Pennsylvania or New Jersey, call Wapner Newman and let us handle all aspects of your case so you can focus on your recovery. Call (215) 569-0900 for your free consultation today.