Premise Liability Laws in New York
Commercial and resident property owners and lessees have a legal responsibility to maintain a safe environment for any guest who visits their home or establishment. Property owners may be responsible when an accident occurs on their premises. Accidents could result from numerous potential situations, including slip and fall hazards, dangerous animals, and other causes of an unsafe environment. Do you think that you might have a premise liability case?
Contact Goidel and Siegal immediately if you or a loved one have been injured as a result of a property owner’s negligence. You may be owed compensation for lost wages, medical bills, and/or emotional damages resulting from the accident.
New York Premise Liability Laws
A premise liability case exists when an individual is hurt, and the property owner was aware that an unsafe situation existed. In these cases, the owners either ignored, neglected to correct the issue, and/or should have been aware of the potential danger. The property owner is liable for injuries that occur as a result of these dangers.
It is the property owner’s responsibility to warn individuals of potential dangers that they may not be aware exist on the premises. Property owners are liable when they are aware of a danger on their premises, fail to warn visitors, and an individual is harmed as a result.
You will need to invest in the services of a premise liability lawyer to help pursue your case. There are several elements that must be proven in these cases.
Valid Premises Liability Cases Must Prove:
- Defendant’s Responsibility for Property Management (Owned, Leased, Occupied)
- Defendant’s Negligence
- Accident and/or Injuries that Resulted
Your premise liability attorney must also prove that the defendant’s negligence was a major factor in the accident and injuries that occurred. This does not need to be the only factor but does need to be a major contributing factor.
Legal Limitations
There are limitations in pursuing personal injury premise liability cases. One stipulation is that the individual must have been demonstrating a reasonable amount of care to keep themselves safe when the accident occurred.
This simply means that an individual does not have a case when his/her own reckless behavior is the cause of an accident.
Examples of Premise Liability Cases
Personal injury cases could occur as a result of numerous dangers on-premises. These accidents could occur inside a retail store, restaurant, residential home, or another establishment.
Premise Liability May Involve:
- Animal Bites
- Inadequate Maintenance
- Slips and Falls
- Dangerous Property
- Children Injured on Property
Individuals could also be held liable if inadequate security leads to an assault, rape, or other violent crime on their property.
Slips, Trips and Falls
Momentary lapses of attention caused by distractions can result in a slip, trip or fall. Slips and falls are by far the most common type of injury that occurs in premises liability cases. These slips and falls could be a result of unsafe stairwells, oily spills, or other negligent circumstances.
Slips, trips, and falls are also one of the leading causes of unintentional injuries in the United States. Every year, slips and falls account for 8.9 million emergency room visits and nearly 20,000 fatalities.
However, it is ultimately up to each individual to plan, stay alert, and pay attention. Slip, trip, and fall accidents can lead to numerous unfortunate injuries, ranging from bruises to broken bones, or extreme serious traumas.
Premise Liability Cases in New York City
The following are legal case examples in which the defendant is legally liable for the damages caused on their premises.
The Negligent and Ill-Behaved Landlord
A New York City landowner went to heinous lengths to try to evict a family from their rent-stabilized apartment. He turned the unit into a dangerous property and created life-threatening conditions in an attempt to force an undocumented family of seven out of their home.
The landlord even went to great lengths to harass and intimidate the family. The city reported that the landlord stripped away the walls and floors, and turned off necessary utilities, including heat and water. He essentially demolished the building around the family, endangered their lives, and jeopardized their safety, all in an effort to force them out.
Building Negligence Results in Serious Fall
Goidel and Siegel is currently in litigation for Mr. Medero, a client who suffered serious injuries when he tripped and fell over an unsecured rain mat in the lobby of a midtown building. Medero suffered from torn ligaments in both knees and left hand. These injuries required the client to undergo a double knee replacement and surgery on his injured hand. The case is being argued in the Supreme Court in Brooklyn, NY.
Goidel and Siegal Specialize in Premise Liability
The personal injury lawyers at Goidel and Siegal fight hard for clients who have been injured in slip, trip, or fall accidents, and other premises liability cases. Contact the premise liability lawyers at Goidel & Siegel, LLP to represent you and help you get the financial compensation that you deserve.
We will provide a free consultation, and you will owe no attorney fees unless we pursue your case and obtain compensation for you.
