In New York, if you were injured on someone else’s property, you could have grounds for a premises liability claim. What exactly is premises liability? Put simply, premises liability is an area of the law that protects people who are injured on the property of another. This could be someone who was shopping at a grocery store, someone who was in a hotel, or even someone visiting an amusement park. Under premises liability law, you could be able to pursue compensation should certain elements be met. To discuss your legal options for financial compensation, contact a premises liability attorney at our firm today.
Elements That Must Be Proven In A Premises Liability Case:
- Duty of Care: The first step in a premises liability case is proving that the property owner or the possessor of the property had a duty of care to the plaintiff. If the property owner has a duty of care, it means that he or she must use reasonable care to maintain reasonably safe conditions on the premises.
- Breached Duty of Care: The property owner did not use such reasonable care. For example, a grocery store owner knowing about a spill and failing to clean it up, or failing to monitor the premises and therefore never noticing the spill, even though they should have.
- Breach Caused Injury: The third element that must be proven is that the property owner’s breach of their duty of care was the direct cause of the plaintiff’s injury. It is not enough to simply say the property owner was negligent and it is not enough to say the plaintiff suffered an injury. These two must be tied together so that the injury can be directly linked to the breached duty of care.
Understanding A Property Owners ‘Duty Of Care’ in New York
There are several conditions in which a property owner would have a duty of care toward an individual on his or her premises. The first is that the individual was lawfully in their property as an invitee or a licensee.
- Invitee: Someone who was invited onto the premises for commercial or business reasons. For example, people who enter into department stores to purchase clothes are considered invitees.
- Licensee: Someone who was on the premises for non-commercial and non-business reasons. This could include someone going to someone’s home for a house warming party or social gathering.
While the most common, these are not the only instances where a property owner may have a duty of care. In some cases, a property owner could owe a duty of care to trespassers. For this to apply, the property owners needs to have known that the trespasser was there; in these cases, they typically have a duty to warn the trespassers of man-made dangers, such as electric fences that could have lethal side effects.
The final situation where a property owner may have a duty of care is to children trespassers. These are treated special and very unique, especially in cases where the property owner has conditions that are tempting to a young child, such as an unfenced pool. In these cases, the property owner needs to take special precautions to warn of the potential harm, repair unsafe conditions, and protect the children.
Examples of New York Premises Liability Cases
There are many different situations that can fall under premises liability law. In fact, if you were injured on property that belonged to someone else, there is a chance that it could have grounds to pursue a claim. Common types of New York premises liability cases include:
- Slip-and-fall Accidents: Slippery floor or weather conditions causes a person to lose their balance and fall down. It is closely related to, and often used interchangeably with, trip & fall accidents.
- Inadequate Maintenance: Land owner or possessor does not use reasonable care in maintaining the property. An example would be failing to trim trees, which causes branches to fall.
- Defective Conditions: Land owner or possessor not fixing dangerous conditions, or not even warning the public that they exist. An example is a stairway with a broken handrail. A drowning accident or a mold exposure injury may be attributable to landlord or landowner negligence of this type.
- Inadequate Security: Land owner or possessor failing to provide sufficient security. An example would be not having adequate lighting in a parking lot or security guards when they are required.
- School Negligence: If your child experiences sexual assault or harrassment by faculty or staff, or is injured by a bully, improper supervision or school bus accident you may have rights to compensation through a premises liability claim.
Circumstances That Can lead to premises liability:
- Slippery or wet floors
- Uneven floors or holes in the ground
- Poorly built or damaged stairs
- Electrical hazards
- Exposure to dangerous chemicals
- Dangerous / uncontrolled animals
- Lack of security or insufficient security.
Sample of premises liability cases we have handled:
- $3M for man who tripped and fell in a parking lot
- $975K for woman who slipped and fell on ice
- $775K for individual who tripped and fell on broken pavement
Contact A New York Premises Liability Lawyer Today
At the Law Office of Richard M. Kenny, our family is dedicated to fighting for yours. If you have been hurt in an injury-causing accident, no matter whether it was related to mold exposure or even if your loved one was killed in a drowning accident, you can trust that you will receive the help that you deserve from our firm.
Having secured more than $100 million recovered in verdicts and settlements, the Law Office of Richard M. Kenny has proven itself as aggressive advocates for the injured. We have more than 50 years’ combined experience, been selected for inclusion in the New York Super Lawyers® list, and have earned membership in the Million Dollar Advocates Forum®. For more information, view our case results or contact us for a free consultation with a skilled Manhattan, NY premises liability lawyer today.