Personal Injury Checklist - What to Do if You are Injured in an Accident

Here is a short checklist of what to do if you have had an injury in anyway. It is not intended to impart legal advice because each case is different and each case can pose its own legal issues. Regardless, you should consult a lawyer immediately to help protect your interests.

Report the accident to the Police, if the impact was significant. Your lawyer will then obtain the police report, if any.
Immediately obtain medical treatment if you are injured. Failure to obtain immediate medical treatment diminishes your claim that you suffered injuries as a result of the accident.
Take pictures of damages to any cars/property involved - before any repairs or improvements are made. Non-digital pictures, for example, from a disposable camera, are better than digital pictures because digital pictures are susceptible to later claims of alteration.
Take pictures of your injuries immediately. Pictures can more easily and accurately describe injuries.
Do NOT make a statement to any insurance representative without consulting a lawyer. Those statements may be used against you in your attempt to obtain full compensation for your injuries.
Keep a list of all doctors, hospitals and treatment centers you visit.
Keep a log of all work lost as a result of your injuries and treatments. Lost wages are recoverable and can be a large amount of your recovery.
Keep a log of all other out-of-pocket expenses (rental car, medical treatment co-pays, etc.).

Keep a log of how your life was specifically affected as a result of your injuries, including personal engagements and events missed.

I hope you find this list useful in obtaining full compensation for your injuries.

Personal Injury Lawsuits - Basic Knowledge You Must Be Aware in Regards to Personal Injuries

Personal injury lawsuits are occurring more frequently than ever before as more people realize that they may not be simply stuck with the costs associated with injuries caused from an accident. When that accident occurs at the fault or negligence of another person, the injured party and their family may find cause to serve the responsible party with court notice. There are many people in the world who may not realize that they have this right and may not be sure of what a personal injury lawsuit is.

Financial Distress
Accidents happen, as the saying goes. But not all accidents have to mean financial distress on the victim and their families. Occurrences such as slip-and-fall accidents most often occur due to the negligence or another person - failing to remove snow and ice, not cleaning a spill on tile, a rift in flooring, and many other instances can all be deemed the fault of another person. The person deemed responsible for the injuries suffered may be ordered to pay a number of monetary damages to the victim and/or their family.

Consulting A Personal Injury Lawyer
After an injury occurs and has stabilized, a doctor may recommend discussing the accident with a personal injury lawyer. Normally, this is the last thing on a victim's mind, and the reminder can mean a world of difference for the financial future of the victim and their family. With the proper evidence, a skilled attorney may be able to seek compensation for the victim for medical bills, lost wages since the accident and lost wages that are yet to come due to the accident, pain and suffering, loss of enjoyment of life, costs of care and the lost wages of family members who may have to care for the injured party.

Personal Injury Lawsuits
A personal injury lawsuit involves approaching the person or business responsible for the accident that caused the injury to the victim. Usually, the attorney takes care of this and serves notice of the lawsuit to the defendant. Normally, the opportunity to reach a settlement is presented before the case is brought to trial. Sometimes, the injured person and the person responsible for the injury can come to an agreement regarding compensation with the aid of their attorneys and the intervention of a judge is not required. This is normally the quicker and more convenient process, not requiring formal presentations of witnesses or evidence exhibits.

If an agreement cannot be reached outside the courtroom however, the case may be pursued in front of a judge. Here, evidence and witnesses will be presented to support and disprove each case. The final outcome of the case will be decided upon by a judge, and although appeal processes are available, they are lengthy and hard to succeed with.

Top 4 Tips on Hiring the Right Personal Injury Attorney

OUCH! You've just had an accident!! Did someone else cause you the accident because of something they did (they hit you with their car), or something they failed to do (a restaurant manager didn't take care to dry the bathroom floors, and you slipped and fell)? If you got hurt because of someone else, the law may award you some compensation for your suffering or lost wages.

The key thing to remember is that if you have been involved in an accident, it is your right to claim compensation. But claiming compensation can be complicated, so you owe it to yourself to get in touch with a personal injury attorney.

A personal injury attorney is indispensable in personal injury cases. She will guide you on the formalities required to file your claim. Your personal injury attorney will also appear in court as your representative. She will cross examine witnesses and plead your case before the judge. But not just any personal injury attorney will do; to give yourself the best chance of winning your case, that you win your claim, it is important that you hire a highly competent personal injury attorney.

Here are the four top tips to help you hire the right personal injury attorney:

Tip 1: Ask people you know. The best way to find out about a good personal injury attorney is by asking your colleagues, friends and relatives. Make a list of all the personal injury attorneys referred to you. Then, sort them in order of the strength of the recommendation.

Tip 2: Use a lawyer referral service. Another way to find a personal injury attorney is by talking to a lawyer referral service that lists personal injury attorneys. This method is especially useful if you are too busy, or incapacitated by your injury, to do your own research. You may have to pay a small fee for the service, but it will save your time and effort.

Tip 3: Use the Yellow Pages. You will find many personal injury attorneys listed in the Yellow Pages of your telephone directory. However, you will still have to do some additional research, as you can't rely completely on a Yellow Page listing to be assured of competence.

Tip 4: Interview potential candidates. Once you have zeroed in on a few potential candidates for your personal injury attorney, take the time to interview all the candidates before you finally select one. The best way is to do this in person, but if you cannot visit with them in person, a phone interview will suffice.

Car Accident Personal Injury Claim - I Was Hit by a Texter, Can I Get an Auto Accident Settlement?

Are you trying to file a car accident personal injury claim? In this article we are going to talk about the question "I was hit by a texter can I get an auto accident settlement?"

It is not uncommon to be driving down the road and see someone messing with their phone. Maybe they are just dialing but some you can just tell that they are texting or that is just one very long phone number they are putting into their phone. As they are texting they do not notice that they are coming over into your lane and they side swipe you. Now you have to think about filing a car accident personal injury claim. Let's go on and talk about the question "I was hit by a texter can I get an auto accident settlement?"

Tell The Police What You Saw

You can tell the police that you saw the offending driver texting while driving. This act is actually illegal in some states now and if it can be proven that they were texting at the time of the accident they may get a ticket as well as having to pay for your injuries and damages to your car.

Call Your Insurance Company

After you called the police the next person that you should have called was the car insurance company. You will need to tell them what has happened and any details that you might know. When you get more information then you will need to call and update them.

Conclusion

When you want to file a car accident personal injury claim you will find that no matter why the person hit you that you should be compensated if they are found at fault. You may be able to get more of an auto accident settlement if you can prove they were being negligent.

I've Suffered a Personal Injury - Now What?

When you are hurt in an accident, regardless of whether that injury is caused by another person, a defective product, a car accident or anything else, you deserve to have your medical bills paid for and compensation for the pain and suffering you endure. In a perfect world, the party responsible for your condition would own up to their duty and do whatever they could to restore you to the way you were before they impacted your life.

We don't live in a perfect world however, and many times the only way to get the compensation you deserve is to take the responsible party to court and use the force of law to compel them to act in the way they should have originally. Even the simple act of going to a court to plead your case and have your rights recognized is now more complicated than ever, and simply "going at it alone" as many people want to do is a quick way to ensure that you will spend a lot of time accomplishing nothing, and likely spending a lot of your own money to do it.

The way to remedy such a problem is to hire an experienced and dedicated personal injury lawyer. When you hire an attorney they become your advocate, your representative, your confidant, and most importantly they become your voice in a legal system that can silence people that aren't prepared for the burdens and complications imposed by a prolonged legal battle. A personal injury attorney can help prepare you for the battles ahead, and make sure that you have realistic expectations of the outcome of your case.

One important role an attorney will play is the point of communication and contact during your case. This purpose is often under-appreciated by people that have never been through the ordeal of having to deal with the legal and medical system during a lawsuit. To put it simply, if you have serious or even minor injuries to deal with after your accident, the last thing you want to deal with are the interminable number of phone calls, emails and statements you need to make over the course of your case. A lawyer will help you deal with these demands for information, and you can concentrate on getting better and moving on with your life.

And that's what important: getting you back on your feet the fastest way possible, and trying to get your life back to what it was before someone inflicted this situation upon you. Going it alone, while certainly possible, is never recommended. You need to concentrate on getting better, not worrying about gathering evidence or scheduling depositions or talking to experts. Every fraction of energy spent doing the paperwork and legwork of your personal injury case is energy you can't spend moving forward with your life.

If you are in a situation like this and think you might need to talk to a personal injury attorney, you need to think over your next steps carefully. They could likely be the most important you ever take.

A Guide to Choosing the Right Personal Injury Lawyer

If you are among the confused lot who is finding it difficult to zero in on a choice of personal injury lawyer, you have reached the right place. Using the tips given in this article, you can now make the right choice, when it comes to a lawyer for representing your case successfully in a personal injury lawsuit.

Personal injury lawsuits are among the most common of legal procedures that are sought by millions of people around the world. There are scores of cases filed across various different courts for claims rising out of it. The entire legal procedure with relation to the litigation could be quite complicated. Fortunately, these days you can easily locate an experienced lawyer to fight the case on their behalf. It is always preferable that you hire the services of an attorney who is specialized in the field of fighting cases involving personal injury.

Personal injury claims are usually filed in case of a motorized collision or any accident. Motorized collision in this case could mean accidents involving, motorcycles, buses, cars, airplanes or trains, to mention only some types of vehicles. To put in a nutshell, you can file a claim, if you find that you have been injured due to the negligence of another person. A competent personal injury lawyer is therefore required to fight your case. You can find them spread around most cities. You can easily locate them through a simple online search. The local yellow pages are another place where you can find them. Your friends or family members can also put you across to a lawyer who specializes in these cases. Yet another good source of information on a personal injury lawyer is your doctor. Having dealt with similar cases before, they may know an experienced attorney.

A skillful lawyer will be able to guide you through the whole process and help protect your legal rights. He or she will be able to get help you get just compensation as damages. An aggressive attorney will forcefully argue before the court and can point out the negligence on the part of the opposing party and pin point the reasons why you need to be paid the right compensation as damages. With so many issues involved it only makes sense that you hire the services of one experienced in handling personal injury cases. He or she should have handled similar cases before and must have good track record. Once you are confident about these factors, you can zero in on the right lawyer with ease.

Pennsylvania Personal Injury Attorney Talks About Philadelphia Personal Injury Dead Man's Act

This is the second in a series of articles about the Dead Man's Act. "The purpose of the Statute is to prevent the injustice that may result from permitting a surviving party to a transaction to give testimony favorable to himself and adverse to the decedent, which the decedent's representative would be in no position to refute by reason of the decedent's death." Weschler v. Carroll, 578 A.2d 13, 15 (Pa. Super. 1990). Since David Edwards is unable to testify as to the events just prior to his being run over by defendants' tractor-trailer, a great injustice will result if defendant, Nicolas Pinger is permitted to testify adversely to David Edwards. Similarly, defendant must not be permitted to offer expert testimony regarding the collision between defendants' truck and the decedent based on information provided by defendant, Nicolas Pinger. Such testimony would be impermissibly based on information barred from evidence by the "Dead Man's Act".

Defendants should be precluded from offering any trial testimony regarding the collision between defendants' truck and the decedent from defendant, Nicolas Pinger because such testimony is barred by the "Dead Man's Act". Similarly, under the "Dead Man's Act", defendants should be precluded from offering at trial any expert testimony regarding the collision between defendants' truck and the decedent based on information provided by defendant, Nicolas Pinger.

Although the Act is most frequently applied in estates cases, it is also applicable to preclude testimony about the circumstances of an accident with a decedent. See Lyons v. Bodek's Estate, 142 A.2d 199 (Pa. 1958); Weschler, supra. Defendants in personal injury cases commonly assert the protections of the Act to defend actions brought against a decedent. If a negligent motorist can escape liability for inflicting injury, certainly the Act is available to assist the estate of a deceased in seeking compensation under the Wrongful Death and Survival Acts.

Pennsylvania Personal Injury Attorney And Pennsylvania Personal Injury Contributory Negligence

The defendants have the burden of proving the existence of contributory negligence. Defendants must prove that plaintiff acted unreasonably under the circumstances and that her conduct was a substantial factor in causing her injuries. Hanlon v. Sorenson, 289 Pa. Super. 268, 433 A.2d 60 (1981). It is not plaintiff's burden to prove her freedom from any such negligence.

Contributory negligence can be found as a matter of law only in clear cases. Arco v. Goodstein, 265 A.2d 783 (1970); Dolin v. J.J. Newberry Company, 466 A.2d 174 (Pa. Super. 1983). There can be "no room for fair and reasonable disagreement as to its existence." Skalos v. Higgins, 449 A. 2d 601, 604 (Pa. Super. 1982.) Plaintiff is required to use only the ordinary care that a prudent person would use under the circumstances. Peair v. Home Associations of Enola Legion #751, 430 A.2d 655 (Pa. Super. 1981).
Defendants often cite the Restatement (Second) of Torts § 343A in concluding that plaintiff was contributorily negligent for an accident. Section 343A protects possessors of land from liability from "known" or "obvious" dangers, "unless the possessor should anticipate the harm despite such knowledge or obviousness."

To be "known", the danger must "not only be known to exist, but ... also be recognized that it is dangerous and the probability and gravity of the threat and harm must be appreciated." Berman v. Radnor Rolls, Inc. 542 A.2d. 525, 531 (Pa. Super. 1988), citing, Carrender v. Fitterer, 469 A.2d. 120, 124 (Pa. 1983).

What constitutes an "obvious" danger is an issue of fact for the jury's determination, requiring denial of a Motion for Summary Judgment. Brown v. Sears Robuck and Company, E.D. Pa; Hutton, J.; July 18, 1990; no. 89-3556; slip op.
"A danger is deemed to be 'obvious' when 'both the condition and the risk are apparent to and would be recognized by a reasonable man, in the position of the visitor, exercising normal perception, intelligence and judgment." Id., citing Carrender, at 123 (emphasis added.) It is, therefore, crucial to consider the perception, intelligence and judgment of a plaintiff at the time of this accident in order to determine whether the danger presented by the sign frame was "obvious" to her.

In Berman, supra, the Superior Court ruled that the trial court's refusal to charge the jury on the issues of "known" or "obvious" dangers was proper. In Berman, the plaintiff was roller skating. After he was bumped by another skater, this plaintiff lost his balance, skating through an opening in a railing onto a carpet area and down a six-inch drop off in the floor level. Ultimately he struck his head against a cabinet or shelf which protruded beyond vending machines.
The condition of the rink, the wide entrance, the six-inch drop off and the placement of the vending machines were all apparent. None of the conditions were concealed in any way. Nevertheless, the Court could not say that these conditions would be "known" or "obvious" to a reasonable person in the position of the plaintiff. The court carefully considered that this skater lost and regained his balance while traveling at a good rate of speed. He did not have an adequate opportunity under the circumstances to recognize the danger the six-inch step posed to him.

The Court in Berman concluded that while the skater was charged with the general risks of skating, he was not charged with knowledge of how the risk to him was increased above that caused by normal skating by the physical lay out of the building. Id. at 536.

What to Look For a Personal Injury Lawyer

There is no doubt that Miami is one of the bets place to live in. It has a tropical weather all year round. It has a community where you can spend your vacation luxuriously. Here are lots of tourist spots that you can visit.

It is a place where you can spend a vibrant nightlife like no other city can provide. But it does not mean that accidents do not happen in this city. Accident is normal and it happens anytime and anywhere. It usually happens without any preparations and you are always caught unaware. But is you are the victim of the accidents, do not be hesitate to ask for help. There are Miami personal injury lawyer that are ready to help those people who are in need of their help. And if you do not have any idea about the duties and responsibilities of the lawyer, then here are some of them.

If you are the victim you cannot represent yourself. This is the reason why there are Miami personal injury lawyers. The first thing that the lawyer will do is to assess the incidents. They will try to assess if there is a valid case. But of course you have to hire some that is qualified to handle your case. We all know that there are lots of lawyers that are out there, but finding the right one is a little bit tedious.

When the lawyer try to evaluate the cases, it is important to give your full cooperation. You have to provide the complete details of the accidents so that the lawyer will be able to evaluate the case correctly.

As the Miami personal injury lawyer evaluates the ca, they will be able to determine the cost of the damages that you sustain. They will be able, to determine the worth of the case. At this point, it is important that you are hiring a lawyer that is familiar with the same case or someone who has an experience handling such case. You have to check out the testimonies of their past client and get a glimpse on the past verdict that is given to others.

After assessing the case, the Miami personal injury lawyer can file the case. Once the case is already filed thorough investigations will follow. There are some cases that end up with out of court settlements. And if the case push through, it is important that your lawyer has the right experience in handling such case. He should defend you effectively but of course there is no guarantee that you will win but at least do his part with professionalism, diligence and knowledge.

Delaware County, PA Personal Injury Attorney On Delaware County Personal Injury Assumption of Risk

Defendants may contend that plaintiff assumed the risk of an accident. The burden of showing voluntary assumption of risk and contributory negligence is on the defendants. Whitley v. Philadelphia Transportation Company, 234 A. 2d 922, 925 (Pa. Super. 1967).

The doctrine of assumption of risk "has been very problematic and has fallen from the favor of some of the judiciary and legal commentators. In fact, the doctrine as a separate affirmative defense has only narrowly survived abolishment by our Supreme Court." Bullman v. Giuntoli, PICS No. 00-1904.

The assumption of risk defense is made out only by showing that a person "with appreciation and knowledge of an obvious danger, purposely elects to abandon a position of relative safety and chooses to reposition himself in a place of obvious danger and by reason of that repositioning is injured." McIntyre v. Cusick, 372 A. 2d 864, 866 (Pa. Super. 1977)."

The defense of assumption of the risk will not prevent recovery unless the evidence conclusively establishes that the plaintiff was subjectively aware of the risk and voluntarily assumed it. Barrett v. Fredavid Builders, Inc., 685 A.2d 129 (Pa. Super. 1996). Voluntariness is established only when the circumstances manifest a willingness to accept the risk. Staub v. Toy Factory, Inc., 749 A.2d 522 (Pa. Super. 2000). Mere contributory negligence does not establish assumption of the risk. Id.

Rather, a plaintiff has assumed the risk where he has gone so far as to abandon his right to complain and has absolved the defendant from taking any responsibility for the plaintiff's injuries. Id. In order to prevail on assumption of risk, the defendant must establish both the "awareness of the risk" prong and the "voluntariness" prong. Id.

The defense is not available unless it is beyond question, such that no two reasonable minds could differ, that the plaintiff voluntarily and knowingly proceeded in the face of an obvious and dangerous condition. Hardy v. Southland Corp., 645 A. 2d 839 (Pa. Super. 1994), citing, Howell v. Clyde, 620 A. 2d 1107 (Pa. 1993). Assumption of the risk cannot be used as a defense unless it is shown that plaintiff "must have appreciated the danger itself and the nature, character and extent which made it unreasonable." Crance v. Sohanic, 496 A. 2d 1230, 1232 (Pa. Super. 1985).

The Pennsylvania Supreme Court in Hughes v. Seven Springs Farm, Inc., 762 A.2d 399 (Pa. 2000), discussed the status of the doctrine of assumption of
risk in light of the passage of the comparative negligence statute and
stated that as a general rule, the doctrine of assumption of the risk, with its
attendant "complexities" and "difficulties," has been supplanted by the
Pennsylvania General Assembly's adoption of a system of recovery based on
comparative fault in the Comparative Negligence Act. 42 Pa.C.S.A. §7102(a)-(b). Where plaintiff tried to minimize her risk of falling, but fell nevertheless, she did not voluntarily assume the risk of falling. Barrett v. Fredavid Builders, Inc., 685 A.2d 129 (Pa. Super. 1996).

Finally, in Giosa v. School District of Philadelphia, 630 A.2d 511 (Pa. Cmwlth. 1993), defendant argued that the plaintiff assumed the risk of slipping on an icy sidewalk, "because Giosa fully understood the risk involved in walking on the sidewalk, and yet voluntarily chose to encounter it." Id. The Court held that since defendant owed plaintiff, a member of the general public, a duty to keep the public sidewalks clear from any dangerous conditions, the doctrine of assumption of risk did not apply. Id. Similarly, defendants owed plaintiff, Fran Kellenbenz, as a member of the general public, a duty to keep their sidewalk clear from any dangerous conditions. Similarly, the doctrine of assumption of risk does not apply and the Court should not charge the jury thereon.

Personal Auto Insurance

Personal auto insurance is a type of coverage purchased for your personal vehicle or automobile. Its primary function is to provide the user certain immunity against vehicle accidents and any liability acquired as a result of such accidents. Personal car insurance is compulsory in many countries before using or keeping a vehicle. Apart from your vehicle license, your vehicle insurance is the most important piece of documentation you must have in order to drive a vehicle. Vehicle insurance is a general term employed for coverage purchased for all types of vehicles, be it cars, trucks, company vans, and any other vehicle that moves along the road.

There are different types of auto insurance policies based on the jurisdiction that covers such a vehicle. Personal car insurance policies vary and different types of insurance cover apply based on your preferences and how much you are willing to part with for your vehicle's coverage. Government polices also govern the format that an auto insurance policy is supposed to follow in a state and pass this on to the different car insurance companies in that state to apply as appropriate. For instance, in most states in the United States, auto insurance covering liabilities for injuries and property damages on others is compulsory, but enforced in different ways depending on the jurisdiction.

Personal auto insurance in most cases covers both the car and the owner of the car. Some policies also include friends and family who might drive your car. These policies will cover all liabilities in the event that your friend or family member does have an accident while driving your car. But it is assumed that such a person has the explicit permission to drive that car at all times.

Personal car coverage policies can be obtained at certain insurance companies in your jurisdiction. You should check your local listings or online for insurance companies near you.

Central Florida Personal Injury Attorneys

Central Florida personal injury attorneys assist personal injury victims in all aspects of legal work and court case. They handle personal injury lawsuits arising due to wrongful death, nursing home abuse, medical malpractice, insurance claims, property liability, merchandise liability, business litigation and other types of personal injury cases.

Central Florida personal injury attorneys are licensed, qualified and experienced attorneys and represent claimants in significant personal injury and death cases throughout the State of Florida. Central Florida personal injury attorneys are capable of making an impartial assessment of the case based on certain factors. Attorneys are also in a position to present a possible outcome of the case to their client. Clients may opt for an out of court settlement or press for trial based on the evaluation and advice offered by them.

There are certain statutes of limitation that apply to personal injury lawsuits in Central Florida. This means that victims need to have their personal injury attorney file a lawsuit within a certain specified period of time, or they will be forever barred from pursuing the matter. It is suggested that victims contact a Central Florida personal injury attorney within limits of statute. Timely discussion with respect to their case will expedite procedures attorneys need to file for compensation against damages suffered by them.

Many Central Florida law firms provide in-depth information on their web pages that may help personal injury victims to have a basic understanding of the law, the responsibilities of those who caused harm, and to provide information on the kinds of compensation that may receive.

Personal injury damages can be monetary (loss of income or medical costs), non-economic (pain and suffering), or punitive (punishing irresponsible behavior). Punitive damages are mostly awarded if the defendant's acts were so appalling that the judge believes it necessary to make an example of the defendant.

Montgomery County - Pennsylvania Personal Injury Attorney On Montgomery County - PA Personal Injury

Injuries suffered on leased premises present certain difficulties for plaintiffs. "The law is clear that a landlord out of possession is generally not liable for bodily harm sustained on his property by his tenant and those on the premises under his tenant's right when he is entirely out of possession and control. Craig v. Ryan, 191 A.2d 711, 713 (Pa. Super. 1963)(emphasis added).

Whether a landlord is out of possession or in possession is a fact specific issue. For example, one factor is whether the landlord makes repairs to the property. See Henze v. Texaco, Inc., 508 A.2d 1200 (Pa. Super. 1986); Pierce v. Philadelphia Housing Authority, 486 A.2d 1004, 1005, (Pa. Super. 1985). In Pierce, the fact that PHA took care of maintenance and collecting rent created an inference not only of possession and/or control by PHA, but also of responsibility to keep the stairways of the property in good repair.

In all of the cases where the court has determined that the landlord was "out of possession", there was a lease between the parties. The Superior Court likens a lease to a sale, with responsibility for defects passing to the tenant unless otherwise provided for in lease. Kobylinski v. Hipps, 519 A.2d 488 (Pa. Super. 1986).
Where a contract is silent as to the subject of maintenance of the leased premises, and where the defendant performed needed maintenance during the period of the lease, there arises a "necessary implication" that the defendant had a duty to maintain the premises in good repair and reasonably safe for use by the tenants. McDevitt v. Terminal Warehouse Company, 450 A.2d 991, 998 (Pa. Super. 1982). How much moreso is this true in the case where there is no evidence of a lease at all.

Further, even if it were determined that the landlords were "out of possession", there are several exceptions to the rule that attach liability to an out of possession landlord. Kobylinski v. Hipps, 519 A.2d 488 (Pa. Super. 1986). For example, liability will attach to an out of possession landlord where the landlord conceals or fails to disclose to the tenant a condition that involves unreasonable risk of physical harm to persons on the property. Id.