The New York Premises Liability Act requires property owners, licensed lessees, and property managers to keep their properties in good condition. As a result, any injuries or damage caused by their negligence become the responsibility of the premise. An accident could occur either inside or outside the premises. Working with a premises liability lawyer will help you clarify issues and ensure you receive compensation under the applicable liability law. This article will go over the various types of premises liability claims in New York.
Not all accidents on someone else’s property result in premises liability damage, and not all dangerous conditions result in premises liability cases. Here are some examples of common types of premises liability:
Slip and fall accidents account for 12% of all total fall accidents, with approximately 1 million people visiting emergency rooms each year as a result of slips and falls. Slip and fall accidents can result in severe injuries to various body parts, some of which are permanent. Hip fractures are the most common fall injuries, with the elderly being the most vulnerable.
You may be held liable for damages if a tenant, a tenant’s employees or customers, a child, a guest, a family member, a friend, or a neighbor slips and falls on your property. Slip and fall accidents can happen almost anywhere.
They frequently occur at homes, shopping malls, restaurants, hotels, parking lots, nursing homes, garages, grocery stores, public walkways, and job sites. To win a premises liability case against a property owner, you must show that your accident was caused by any of the following:
The property owner’s role is to ensure that everyone on the property is safe. If you have been injured in a slip and fall accident, call an injury lawyer at 888-797-7755 for help.
Trees can fall for a variety of reasons. A tree, for example, can fall due to age, poor pruning practices, disease, or storms. Tree maintenance is the responsibility of the property owner, homeowner, or the City of New York. Trees in your yard, your neighbor’s yard, or public space can fall on your family, pets, and property, causing massive damage. To be covered by premises liability law, there must be evidence that the tree owner did not properly care for the tree. Even if your accident does not qualify for property liability damages, an experienced attorney can assist you in recovering compensation for your injuries and financial losses. Tree shrubs can also obstruct vision and cause accidents, and falling tree branches can electrocute people. If you have suffered losses as a result of poorly maintained trees, hire a lawyer to review your case and fight for your compensation.
If a property owner fails to keep their premises secure, others may be assaulted on the premises. If the assault occurred as a result of the property owner’s failure to maintain the security of the property, it is covered by premises liability. This does not absolve the perpetrator of the assault of responsibility. Premises liability law covers assaults on someone else’s property caused by lax security, such as a lack of security guards, poor lighting, and broken locks. As a result, if your friends, guests, customers, tenants, employees, or other invitees are assaulted on your property, the property owners are liable for the injured person’s medical expenses.
The majority of assault-related premises liability injuries occur in the following locations:
Have you been assaulted in any of the above locations as a result of carelessness or a security lapse? For a free consultation, contact Gregory Spektor & Associates, P.C. at 888-797-7755.
Escalator accidents injure 6,000 people each year, with the majority of escalator personal injury cases involving children under the age of five. Elevators and escalators can cause serious injuries and even death. Escalator accidents can be caused by misleveling, slippery surfaces, poor maintenance, passenger issues, entanglements, faulty overspeed governors, and electrical faults.
Personal injuries, electrocution, between-step entrapment, and loss of personal effects that become lodged in the escalator can all result from escalator accidents. To prevent passengers from using the elevator, the property owner should post a warning sign such as “out of order.” If you are injured, lose property, or die as a result of an elevator malfunction, you have the right to file a premises liability injury claim against the property owner or manager. Depending on the cause of the accident, the accident lawyer may decide to enjoin the escalator manufacturer, installer, or maintenance company in the premises liability case when filing your claim.
In addition, depending on the circumstances of the accident, the injured party may be entitled to compensation for medical expenses, lost wages, property loss and damage, impairment, pain and suffering, and wrongful death. Hire a personal injury attorney to help you win your premises liability case.
Accidents in swimming pools are common in hotels, homes, water parks, beaches, and public places. Anyone in New York who owns a swimming pool is responsible for its safety. They should make certain that no children or people under the influence of alcohol enter the swimming pool area. In addition, inexperienced swimmers should not enter the pool without the supervision of a lifeguard or trainer. If an accident or drowning occurs at a swimming pool, the property owner is held liable under premises liability law. The majority of premises liability injuries caused by swimming pool accidents occur as a result of a problem with the pool drain, electrocution, or the absence of lifeguards. For legal advice on swimming pool accidents and wrongful death, contact a lawyer at 888-797-7755.
Fires can be caused by electrical faults caused by poor property maintenance. It can also cause leaks, which can lead to flooding. If you are injured as a result of fires or leaks caused by the property owner’s failure to exercise reasonable care, you may be able to recover damages through a premises liability claim.
Dogs can become aggressive and attack or even kill people. It is the dog owner’s legal responsibility to restrain the dog and keep guests safe from dangerous dogs. If the dog belongs to the property owner, you may be able to seek compensation under New York premises liability law. However, determining liability in dog bite cases can be difficult. You will need the assistance of an experienced attorney.
Premises liability also includes falls from a height. This type of premises liability accident occurs frequently on construction sites where workers are not adequately trained on safety precautions. Injuries on scaffolds, ladders, and other types of falls on the job site are the responsibility of the property owner or project manager.
In addition to property owners, the following people are also responsible for premises liability injuries;
Accidents on someone else’s property are not always covered by premises liability law. Other laws exist to protect the injured party from financial loss. Contact an experienced attorney to determine who is at fault and fight for fair compensation.
In some cases, the injured person is entirely or partially to blame for the accident. When walking or using public spaces, it is your legal responsibility to use reasonable caution. It is your fault if you enter a building blindly or walk in areas that are unsafe or defective. With the rise in insurance claim fraud, insurance companies and property owners are devoting a significant amount of time to investigating premises liability claims filed against them. Only if you have sufficient evidence of negligence during the fall will you be compensated. Otherwise, the comparative fault principle will take precedence. A good lawyer can obtain full restitution from the property owner.
The damages you may recover in premises liability cases include;
Punitive damages may be awarded in cases of gross negligence. To win a premises liability case, you must demonstrate that the property owner was aware of the unsafe condition but did nothing to remedy it. You must also demonstrate that any reasonable person would not have avoided the accident.
Working with a reputable law firm is the most certain way to win premises liability cases, especially when the property owners are clearly at fault. To beat the statute of limitations, you must file a lawsuit within three years of your premises liability injury occurring in New York. However, winning a case and recovering damages in court is not always the only option. Working with an experienced lawyer can help you explore options that will ensure you receive the most compensation for your injuries and other losses.
Gregory Spektor & Associates P.C. is a New York law firm based in Queens. We have a team of experienced attorneys who have handled a wide range of accident-related cases, such as car accidents, premises liability cases, construction site accidents, and workplace accidents. Working with us will provide you with a friendly attorney-client relationship that will encourage you to freely share information in order to win the case. For a free consultation, please call 888-797-7755.