Property owners have a legal duty to take reasonable steps to ensure the safety of persons that are legally on their property. This duty extends to private homeowners, retail businesses, large residential buildings, shopping malls, and municipal entities. This area of the law, often referred to as premises liability, allows an accident victim to seek compensation for their pain and suffering, medical expenses, lost wages, and other costs incurred due to an accident on another’s property.
Examples of Premises Liability Cases:
Some of the most common types of premises accidents for which a property owner may be held liable include:
While dogs are considered man’s best friend, too often irresponsible dog owners allow their animals to bite or hurt individuals. Under certain circumstances, dog owners in New York can be held liable for injuries caused by their pets. Generally speaking, a dog owner will be held responsible for pain and suffering claims if it can be demonstrated that the owner knew or had reason to know that his/her dog had vicious tendencies (e.g. the dog has a history of biting people, chasing, and snarling at people, or shows other vicious behavior).
Falls from stairs have the potential to cause serious injury or even death. Frequent causes of stairway accidents include stairs that are not built to code, wet or icy steps, worn or defective stair treads, insufficient lighting on the stairway, uneven risers or steps of uneven height, debris, tools or other materials left on stairs, or inadequate or missing handrails.
Parking Lot Accidents
Any business that invites the public onto its property to browse and/or shop has a duty to take reasonable steps to prevent foreseeable accidents. Accidents in retail businesses can be caused by spillages, cluttered aisles, slippery conditions such as freshly mopped or waxed floors, uneven floors that create trip and fall hazards, and/or falling objects.
Private Homes/ Apartment Buildings
What Do I Have to Prove:
Generally speaking, the law requires you to prove four things in order to successfully bring a claim for injuries sustained on someone's property:
Existence of a Defect or Dangerous Condition:
You will have to prove that there was an actual defective, hazardous, or dangerous condition that caused your accident. Keep in mind that not every condition is deemed to be dangerous or defective.
That the owner knew about the unsafe condition (or should have known) and did not repair it, rope it off, or give adequate warning.
How much time do I have to bring the claim
There are strict deadlines that apply to all premises liability cases. The time to bring a premises liability claim/lawsuit can vary greatly depending on who owns the property and/or who is responsible for the defective/dangerous condition that caused the accident. In some circumstances, claims must be filed in as little as 90 days after the accident.
In other circumstances, you may have as much as three (3) years to file your claims. A thorough investigation is required before the applicable deadline in your case can be determined. Therefore, it is advisable to seek the advice of an experienced premises liability lawyer as soon as possible following your accident.
PLLC can help
The premises liability attorneys at Rosenberg & Rodriguez, PLLC have decades of experience in successfully representing victims of premises liability accidents.
Please contact our offices to speak directly with an attorney for a free, no-obligation evaluation of your case.