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.
Types of Premises Liability Cases 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
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:
- Wet floor: A wet tile, marble, or terrazzo floor is a safety hazard. Slipping and falling on wet floors are a leading cause of injury and death in retail establishments and workplaces.
- Spills: Spillages on the floor can contribute to wet floors. Spills are common in restaurants, pubs, and bars, where shopkeepers leave spilled beer, soup, food, and other liquids on the floor long enough to create a tripping hazard. Other sources of chemicals on the floor include cleaning agents and water spills. You must walk with reasonable caution to avoid tripping on spills, but if an accident occurs that causes injuries, you can file a premises liability claim against the property owner.
- Uneven floor: Uneven floors are prone to causing you to stumble, trip, or slip and fall. An uneven floor can be a surprising staircase in a grocery store, with uneven elevation, bumps in the floor, gaps between tiles, and holes in the ground. Property owners must mark such areas in order to warn visitors and avoid accidents. If you injure yourself while tripping on an uneven floor, take photos and contact a personal injury attorney for assistance.
- Ice and snow buildup: Slip and fall accidents are frequently caused by inclement weather. Ice and snow on the floor, parking lot, driveway, or sidewalks make the floor slippery, putting people in danger. Removing snow and ice early in the winter to avoid a buildup can reduce the risk of a slip and fall on your property and save you a lot of money on premises liability claims. Injured people may have to prove that the property owner left the snow or ice for an extended period of time. Because the law allows them a reasonable time to remove these weather hazards, proving premises liability may be difficult unless you have an experienced lawyer.
- Trailing cables and wires: Machines and appliances that require electric cables or wires must be placed closer to the source of energy. People may trip and fall if they are placed too far apart.
- Poor lighting: A lack of light can cause you to trip. It is the property owner’s responsibility to ensure that their premises are well-lit at night. Poorly lit surfaces, whether on the sidewalk or in a parking lot, can lead to slip-and-fall accidents.
- Unsecured carpets and rugs: Rugs, mats, and carpets that are not properly secured wobble and become an obstruction. This could result in serious injuries, and you could sue the property owners for compensation.
- Damaged stairs: As you climb up or down stairs that are old, missing, or damaged, you may trip and fall. The law of premises liability covers injuries caused by dangerous stairs.
- Damaged handrails: Handrails keep visitors safe as they climb or descend the stairs. They provide the necessary support to keep them from tripping or slipping. Users are at risk of slipping and falling if the handrail is damaged or missing. If you are injured as a result of missing or damaged handrails, you can sue the property owners for compensation.
- Loose floorboards: Walking is easier and safer with loose floorboards. Slip and fall accidents are frequently caused by loose floorboards. It is the property owner’s responsibility to identify and repair any loose floorboards as soon as possible. People with impaired vision, walking aids, and poor balance are at risk of tripping on loose floorboards, but the property owners or managers are still liable. A personal injury attorney can advise you on how to handle liability injuries caused by loose floorboards on someone else’s property.
- Recently waxed floor: Waxing floors adds aesthetic value by preventing scratches, stains, and the appearance of other flaws. To preserve hardwood floors, many property owners wax high-traffic areas. They should, however, warn people not to walk on freshly polished floors because they are extremely slippery. Too much floor wax is also dangerous and can cause serious injuries if walked on.
- Potholes: Potholes in the parking lot, driveway, sidewalk, or public road are dangerous to one’s health. Walking on such a surface can result in a slip and fall, resulting in serious injuries. To recover your medical costs and other financial losses caused by the slip and fall accident, you can sue the property owner or the government for poor maintenance and negligence. A personal injury attorney can assist you in filing a successful claim.
- Clutter: Poor housekeeping is a risky business. Debris on the floor can seriously injure guests, tenants, employees, and other visitors to a property. If clutter causes you to trip and injure yourself, you can seek compensation from the responsible party by filing a premises liability claim.
- Obstructions such as tree stumps: unmanaged tree stumps on another person’s property can cause you to trip and fall while walking around. They should post a warning sign, especially if the location is frequented by children.
- Tree roots: Overgrown tree roots can make their way onto public walkways and cause tripping hazards. If the bulging roots are on someone else’s property, you can sue them for premises liability.
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.
Falling trees
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.
Assault due to inadequate security
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:
- Grocery stores
- Gated community
- School
- Amusement park
- Restaurants, bars, and nightclubs
- Hospital
- Malls
- Apartments
- Parking lots
- Offices
- Public transportation systems and stations
- Construction sites and other job sites
- Movie theatres
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.
Elevator and escalator accidents
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.
Swimming pool accidents
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 and water damage
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.
Dog bites
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.
Falls from elevation
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.
Who is responsible for premises liability injuries?
In addition to property owners, the following people are also responsible for premises liability injuries;
- Assailants involved in assault within premises owned by another person
- Tenants who have a valid lease agreement within the property
- Homeowners
- in the City of New York in case the accident occurs in a public space
- Security companies are responsible for providing security within the premises where breaches occur.
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.
Principle of Comparative Fault in Premises Liability Law
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;
- Medical bills
- Lost income
- Pain and suffering
- Household expenses
- Disfigurement
- Wrongful death
- Loss of consortium
- Permanent disability
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.
Involved in a premises liability accident in New York? Let Gregory Spektor & Associates, P.C. Fight For You.
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.
