Premises Liability

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Premises Liability Lawyer in Reading

Former Prosecutor. Direct Attorney Access. Fighting for Injured Berks County Clients.

When someone is hurt on another person’s property, the question isn’t just how the accident happened. It’s whether the owner met their legal duty to keep that property safe. At Emkey Law Firm, our personal injury attorneys investigate the circumstances of injury cases and work to hold negligent property owners accountable for clients throughout Reading, PA and Berks County.

Our representation goes well beyond slip-and-fall incidents. If you were hurt because of an unsafe property condition, we want to hear what happened.

Contact Emkey Law Firm at (610) 200-6103 to schedule a free, confidential consultation. We’re available 24/7 to take your call.

Unsafe Property Claims We Handle

Premises liability law covers a broad range of hazardous conditions that property owners allow to persist. Here are the types of claims we handle:

Negligent security: When inadequate lighting, broken locks, or missing surveillance create conditions that allow a criminal act to injure a visitor on the property.
Dog bites and animal attacks: When an animal injures a visitor, the owner may bear legal responsibility depending on the circumstances of the encounter.
Swimming pool accidents: Missing fencing, absent warning signs, or inadequate supervision can form the basis of a claim following a pool-related injury.
Elevator and escalator malfunctions: Misleveling, unexpected door closures, and mechanical failures can cause serious harm to passengers and building visitors alike.
Structural hazards: Broken stairs, unsecured flooring, and deteriorating handrails are all conditions a property owner has a duty to fix or warn against.

Direct Attorney Access & the Emkey Difference

Lead attorney Daniel P. Emkey is a former member of the Berks County District Attorney’s Office. That background gives him a direct understanding of how local courts operate and how opposing parties construct their arguments, which matters when we’re building a case on your behalf.

Clients at Emkey Law Firm work directly with their attorney. We don’t hand files off to paralegals or leave clients waiting for a callback from someone who doesn’t know their case. Night, weekend, and offsite appointments are available for clients who can’t easily travel, and our staff is reachable around the clock. The firm also carries an Avvo 10.0 “Top Lawyer” rating.

Why Early Action Matters in Berks County Cases

Premises liability cases filed in Reading are heard in the Civil Division of the Berks County Court of Common Pleas. Getting an attorney involved quickly matters. Security footage gets overwritten, hazard conditions get repaired, and physical evidence disappears fast after an incident. Early documentation can make a significant difference in evaluating and supporting a claim.

Pennsylvania winters add another layer of recurring exposure. Snow and ice accumulation on commercial and residential properties creates predictable seasonal hazards that owners are expected to address. If a property owner failed to act and you were hurt, that failure may support a claim.

Talk to Our Attorneys at No Cost

Consultations at Emkey Law Firm are complimentary and confidential. We can evaluate your situation, explain your options honestly, and tell you what we think your case involves. Our personal injury representation is contingency-based, meaning you pay nothing unless we recover compensation for you.

If you were injured on someone else’s property in Reading, Pennsylvania or anywhere in Berks County, call Emkey Law Firm at (610) 200-6103. We’re ready to help.

Elements of a Pennsylvania Premises Liability Claim

To pursue a premises liability case, an injured person must establish four things: the property owner owed them a duty of care, the owner breached that duty, the breach caused the injury, and the injury produced actual damages, whether medical bills, lost income, or pain and suffering.

Pennsylvania courts also look at whether the owner knew about the hazard or reasonably should have known about it, and whether they took reasonable steps to fix or warn against it. A property owner generally isn’t liable for hazards that are trivial or conditions that are open and obvious to a reasonable person.

How Visitor Status Affects the Owner’s Duty

Pennsylvania law classifies people who enter another’s property into three categories: invitees, licensees, and trespassers. The duty of care owed depends on which category applies.

Invitees
Customers at a business are the clearest example of invitees. Property owners owe invitees the highest duty of care, including an obligation to inspect for hazards and to repair or warn about dangers the owner knew or reasonably should have known about.

Licensees
Social guests fall into the licensee category. Owners must warn licensees of known hazards, but there’s no obligation to inspect for unknown conditions or make repairs.

Trespassers
Trespassers are owed only a duty to avoid willful or wanton misconduct. One important exception is the Attractive Nuisance Doctrine, which creates additional protections for children who trespass because they were drawn to a hazardous feature such as an unfenced swimming pool.

Comparative Negligence & the Filing Deadline

Pennsylvania follows a modified comparative negligence rule. If you share some responsibility for your injury, you can still recover damages provided your share of fault is 50% or less, and any recovery is reduced by your percentage of fault. If you’re found 51% or more at fault, recovery is barred entirely.

There’s also a time limit to act. Pennsylvania law generally requires a personal injury lawsuit, including a premises liability claim, to be filed within two years of the date of injury. Missing that deadline can mean losing the right to pursue compensation.

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