Premises liability is the area of law concerning a property owner’s responsibility to provide safe conditions for visitors. When you are injured on someone else’s property, you might have a claim under premises liability law.
The owner’s responsibility depends on why you were on their property, which sometimes raises complicated legal issues. Property owners’ insurance companies often defend these cases aggressively. It is best to seek legal help from an experienced personal injury attorney rather than attempting to handle a claim alone.
One of our Harris Hill premises liability lawyers can investigate the incident, identify the responsible parties, and assert a claim for damages. You could receive reimbursement for your accident-related expenses, plus compensation for your pain, inconvenience, embarrassment, mental anguish, and other effects of the injury.
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Events That Could Trigger Premises Liability
Any preventable mishap that causes an injury can be addressed through premises liability law. Property owners could be liable for a wide range of circumstances that cause injuries to others.
The most common premises liability matter in most law practices is a “slip and fall” case. However, any of the following circumstances also could lead to a premises liability claim:
Assault in a hotel stairwell
Illness from an office building ventilation system
Rodent infestation in an apartment complex
Fire in a shopping mall
Falling branches in a public garden
Drowning in a municipal pool
Playground injuries
Dog bite in a public park
Carjacking in a restaurant parking lot
Being hit by a baseball at a Bison’s game
Consulting a legal professional to determine whether premises liability applies in a specific scenario is worthwhile whenever someone suffers an injury while on someone else’s property.
People are sometimes reluctant to bring premises liability claims if the property owner is a friend or a business they value. The hesitation is unnecessary because the property owner’s insurance, not the owner, pays the claim. Working with a Harris Hill attorney to settle the matter keeps the premises liability claim arms-length and professional.
Determining a Property Owner’s Responsibility
Premises liability law is complex because the relationship between the injured person and the owner determines the extent of the owner’s liability. One of the most important jobs of a Harris Hill premises liability attorney is establishing whether the injured visitor was an invitee or a licensee. That information determines the degree of effort the landowner must make to keep the visitor safe.
If the property contained a business and the injured person was a customer or potential customer, they are an invitee. Owners have a significant responsibility toward invitees to inspect the property regularly to ensure it is free of hazards. They must warn of any dangers they cannot fix promptly and prevent customers and other visitors from accessing the dangerous area.
An owner has less stringent duties toward a licensee. A licensee is a social guest or someone on the property with permission but for their own purposes, such as a meter reader or a contractor working on the premises. A property owner must warn a licensee about any hazards the owner knows about but would not be obvious to the visitor. Owners owe the least amount of duty to trespassers, who they must only refrain from intentionally harming.
A Claimant’s Conduct Impacts Their Damages
When a claimant attempts to hold a property owner liable for injuries they sustain on the owner’s premises, the owner’s insurance company may try to shift some or all of the responsibility onto the injured person. Under New York’s pure comparative negligence rule, an injured person cannot collect 100 percent of their damages for an incident if they bear partial responsibility.
New York Civil Practice Law and Rules § 1411 describes the process. When a jury hears a case, it decides, on a percentage basis, how much responsibility each party has for the incident. Each responsible party must pay a portion of the injured person’s damages equivalent to their percentage of fault. If the injured person is partially responsible, they must absorb a portion of the damages.
A Harris Hill premises liability attorney will approach negotiations with proof establishing the property owner’s negligence to counter any attempts to transfer excessive blame to the injured person.
Explore a Harris Hill Premises Liability Claim with Our Dedicated Attorneys
When you or your child are hurt on someone else’s property, you might have a claim against the owner of the land. If so, you could receive damages that pay your expenses and compensate you for your pain and suffering.
CallRichmond Vona, LLC to speak with a Harris Hill premises liability lawyer soon after the accident.
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.
