Injury claims that seek out compensation following an incident that occurs on another’s property fall under the umbrella of premises liability law. These laws state that a property owner has a duty to protect guests against harm that may occur while on their land. However, the full extent of this protection depends on whether the visitor had permission to be there and their reasons for entering.
A Derby premises liability lawyer can help you hold negligent land and business owners responsible for accidents that occur on their property. This includes explaining your rights under the law, fully investigating the incident, measuring your losses, and demanding fair compensation through insurance settlements and lawsuits. Contact a hard-working personal injury attorney from Richmond Vona, LLC, for a free consultation.
Click to jump to any topic on this page:
Establishing Fault for Premises Liability Accidents
In general, a premises liability claim attempts to hold a land, business, or home owner liable when an injury occurs on their property. In most situations, this involves a direct failure on the part of a landowner to protect a guest from accidental harm. Typical examples include slips and falls or injuries that result from poor maintenance, such as ceiling collapses or defective stairways.
In other cases, a property owner may also be liable for the actions of third parties. If a gas station fails to provide adequate lighting that dissuades an attacker, that gas station may be responsible for the victim’s losses in the event of a robbery. Similar concepts require bars and restaurants to have proper security, and apartment buildings to secure areas against entry from non-residents.
State law under Maheshwari v. City of New York, 2 N.Y.3d 288 (2004) says that property owners must take reasonable precautions to protect guests from all foreseeable harm. A Derby premises liability attorney can provide more information about these types of incidents and explain why a landowner may be at fault.
Compensation Commonly Awarded in a Premises Liability Case
To have a successful premises liability claim, an injured party must be able to establish that a landowner was at-fault for not providing adequate protection from harm. This could mean failing to clean up a known spill, not taking timely steps to clear a sidewalk or entry from ice and snow, or leaving items in the middle of a central walkway. Our team is ready to perform a full investigation into an incident to determine its cause and who can be held responsible, as well as collect and preserve the necessary evidence.
Injured individuals also bear the burden of proving the extent of their losses. These typically include medical bills associated with a physical injury, lost wages due to missing time at work, and reductions in overall quality of life. A premises liability attorney in Derby can thoroughly evaluate how an event has changed a person’s life and demand appropriate payments.
It is also essential to remember that there is a limited time to file a case. New York Civil Practice Law & Rules § 214 creates a statute of limitations of three years from the date of an injury. This time limit is strictly enforced, and those who fail to comply are barred from recovery. Furthermore, if someone was injured on property owned by a municipality, there is a much shorter statute of limitations.
Reach Out to a Derby Premises Liability Attorney Today
Whenever a landowner invites a guest onto their property, they must take action to prevent them from harm. However, the extent of their obligation changes based on many factors, and an injury that occurs on another’s land is never a guarantee of compensation.
A Derby premises liability lawyer is ready to fight on your behalf. This can include proving that a property owner was responsible for an injury and determining how the event has changed your life. Give us a call now to discuss your case.
With over 25 years of combined personal injury experience, our co-founding attorneys, John E. Richmond and Keith R. Vona, have helped injury victims and their family members recover more than $150 million in financial relief.
John E. Richmond
Co-Founding Member
As one of New York’s top personal injury attorneys, John E. Richmond understands that clients come first. With over a decade of experience representing plaintiffs, he knows how to hold negligent corporations and big insurance companies liable.
In his nearly 15 years in practice, Keith has been consistently recognized for his client service and record of results. He has been selected for inclusion in the New York Super Lawyers® Rising Stars list four times (2013 to 2016), an honor reserved for the top up-and-coming attorneys.
