In New York, premises liability laws state that if an owner’s negligence contributed to causing you to be injured while on their property, the owner is liable. If you have the necessary elements to prove your claim, a judge or jury could award you compensation for your damages. Even if you’re a trespasser, you may have grounds for a claim. This of course is a very general definition. By property it could be a store, someone’s home or even just land and while premises liability includes slip/trip & fall situations, it is broader because it addresses any unsafe condition and resulting injury, whether caused by a fall or otherwise.
Business owners, lessees have a legal duty to their customers and others lawfully visiting their premises to maintain their property in a reasonably safe condition. Private property owners and lessees may also be held legally responsible for personal injuries which occur on their property. Premises liability centers on negligence. Kaplan and Kaplan P.C. has been Some of the many examples that our firm has help clients recover damages for are:
- Accidents in commercial and residential building
- Elevator accidents
- School injury
- Accidents Injuries or deaths resulting from improperly maintained cellar grate
- Inadequate and defective maintenance of building and property leading to falling debris and other accidents such as a faulty escalator in a department store
In one notable case of our client who you was injured due to a faulty elevator. Steven L. Kaplan was able to secure compensation after a span of two years litigation for our client of $1,000,000!
Property owners do not automatically assume liability for incidents that happen on their premises. Instead, it is up to the injured victim to prove the owner’s legal responsibility. You might be liable for someone else’s injuries on your property if you could have reasonably done something more or should have done something to prevent the accident. For example, if you knew that your staircase had a loose railing but did nothing to repair it or to warn visitors, you might be liable if someone falls down the stairs after the railing gives way.
Even social guests, such as friends or family you invite over for a birthday party, could hold you liable for accidents on your property. However, your duties of care are generally not as extensive with social guests as with people who are paying customers at a business. You do not have to inspect your property for unknown or hidden dangers before welcoming social guests. You do have to warn them of known or potential hazards. If you are a business owner, your customers require the highest standards of care. Some other example of Premises Liability is:
- Dog bites and animal attacks
- Pool drowning
- Toxic exposure
- Inadequate security to prevent criminal assault (lack of lights or surveillance)
- Falling trees
- Falling objects from shelves
- Burns or shock due to faulty wiring or flammable liquid.
If you have been injured by a condition on someone’s property; there are three things you must do:
- Notify the property owner immediately or ASAP.
- Seek medical attention and otherwise document your claims.
- Your time to sue is limited; contact an experienced personal injury lawyer.
Understanding your potential liability for an incident or your rights as an injured party often requires a consultation with a New York premises liability lawyer. Our attorneys at Kaplan and Kaplan P.C. have a great deal of experience with these types of claims. We can investigate the case and tell you if we believe there you have a reasonable opportunity to collect compensation for your injury. There is no charge for this consultation and if we feel we can successfully prosecute the claim we will accept all the cost of doing so and there is no cost to you until we win!
