Federal and state premise liability laws require premise owners and managers to ensure premises are safe to use by visitors and residents. Typically, the most common cause of premise liability cases is slip and fall accidents. Premise liability laws depend on the jurisdiction of the property and the circumstances surrounding the injury. Common conditions that could make a property unsafe for users include broken sidewalk, uneven surfaces, old or worn-out carpeting, defective stairwells, poorly marked signs, faulty elevator, slippery surfaces, etc. The premise owner has a duty of care for all premise users and should keep the premises hazard-free at all times. If they fail in this mandatory obligation, they can be held liable for any injuries from this negligence.
Instances Where A Property Owner Is Liable For Your Injuries
The Victim’s Status
Besides the normal slip and fall accidents on premises, victims can also sustain injury from exposure to dangerous chemicals, defective equipment, lead poisoning, etc. Injuries or fatalities arising from such will be blamed on the premise owner, manager, or the agency in charge of the property. If a parking lot was poorly lit, resulting in insecurity where the victim was assaulted, the blame rests with the property owner. However, all this depends on the status of the victim as to whether they were a resident, a visitor, or a trespasser.
An Invitee – An invitee is a visitor or guest who comes to the premises after receiving an invitation from the property owner, occupier, or manager. These individuals are responsible for ensuring the property is safe or issue appropriate danger warnings to the invitee.
Licensee – This guest has permission from the property owner/possessor to enter the premises for non-business reasons. In some cases, the property owner or manager is not at fault unless the following can be proven:
- The property owner or occupier knew of existing dangerous conditions that could harm the licensee but failed to issue warning or post safety measures.
- The liable parties failed to fulfill their duty of care
- The licensee was not aware of the prevailing dangerous circumstances.
Trespasser – A trespasser is a person who maliciously or unlawfully enters a property without the owner or occupier’s consent. In such cases, the defendant doesn’t have to prove that the trespasser entered the premises illegally.
Premise Liability Examples
Common pool-related injuries include Eye or skin injuries from excess chlorine, Poor pool drainage, Drowning, Slip and fall accidents, head and neck injuries, and Spinal cord injuries. It is the duty of swimming pool owners or managers to ensure the pools are safe to use. Failure to properly maintain the pool can result in injuries for which they can be held accountable.
Get Legal Help
If you are injured on public or private property, you have the legal right to seek compensation for your injuries. Proving fault in a liability case may not be easy; however, working with a qualified premises liability attorney in New York can improve your chances of receiving just payment. If you are a victim of another person’s negligence, you deserve to be compensated for all your medical expenses, pain, and suffering, among other damages.