Anastasios Smalis v. Home Depot U.S.C., Inc.

Pittsburgh, Pennsylvania personal injury slip and fall lawyer represented the Plaintiff who sued the Defendant on a premises liability negligence theory.



This case was filed in the Court of Common Plea, Allegheny County, GD-20-003498, and was removed to federal court by the Defendant.



"Pennsylvania premises liability law holds property owners or occupants responsible for injuries sustained on their property due to their negligence.



Here are some key points to remember:



Duty of Care:



Property owners are obligated to maintain their property in a reasonably safe condition. This includes addressing any known hazards and taking reasonable steps to prevent foreseeable risks.

The level of care expected varies depending on the type of visitor:

Invitees: Those expressly or impliedly invited onto the property (e.g., customers, business guests) receive the highest duty of care.

Licensees: Those entering with the owner's permission but for their own benefit (e.g., social guests) receive a lower duty of care.

Trespassers: Those entering without permission generally receive the least duty of care, though willful or wanton negligence towards them can still result in liability.



Causes of Action:



Slip and fall accidents: Common on wet floors, uneven surfaces, or poorly maintained stairs.

Negligent security: Inadequate security leading to assaults, robberies, or other harm.

Defective conditions: Unrepaired holes, faulty railings, or malfunctioning equipment causing injury.

Swimming pool accidents: Drowning, diving injuries, or other accidents due to improper maintenance or supervision.

Dog bites: Dog owners are generally liable for bites inflicted on others on their property.



Comparative Negligence:



Pennsylvania follows a comparative negligence system, meaning both the injured party and the property owner can be partially responsible for the accident. Damages are then awarded based on the percentage of fault attributed to each party.



Statute of Limitations:



Generally, you have two years from the date of your injury to file a premises liability lawsuit in Pennsylvania."



Google Bard

Errata re 129 Motion for Reconsideration by ANASTASIOS SMALIS. Reason for Correction: civil action no.. (Attachments: # 1 Exhibit exhibit 1, # 2 Exhibit exhibit 2, # 3 Exhibit exhibit 3, # 4 Exhibit exhibit 4, # 5 Exhibit exhibit 5, # 6 Exhibit exhibit 6, # 7 Exhibit exhibit 7, # 8 Exhibit exhibit 8, # 9 Exhibit exhibit 9) (SMALIS, ANASTASIOS) (Entered: 01/09/2024)