From an investment standpoint, owning property is a smart move since real estate almost always provides a good return. At the same time, there are a lot of responsibilities associated with being a property owner. Anyone who owns property has an obligation to ensure that the property is safe and well maintained. Damaged, defective, or dangerous conditions need to be addressed right away to ensure that anyone who enters the property stays safe. If an accident occurs that is caused by unsafe conditions, the property owner could be held liable.
In the state of New York, the law allows property owners to be held liable for accident-related injuries that occur on their property if their negligence contributed to the accident. As long as there is evidence showing how the accident occurred, it is possible to file a premise liability case. If the case proceeds to trial, a judge or jury will decide whether or not you are owed any damages. To help prove these damages we recommend you have a Manhattan personal injury attorney handle your claim.
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Causes Of Premise Liability Accidents
People who own property in Manhattan commonly find themselves facing premise liability cases when slip-and-fall accidents occur. Accidents like these most commonly take place during the winter because of the presence of ice or snow. The person injured in the accident has to prove that the negligence of the property owner contributed to the accident in order to receive compensation. For instance, if the property owner didn’t adequately remove ice or snow from the sidewalk, parking lot, or driveway, they could be responsible for the accident.
That is one of the primary reasons why property owners rarely look forward to the winter season. Caring for their properties is much easier during the warmer months when they don’t have to worry about snow or ice. During the winter, however, they have to handle tasks like keeping driveways, parking lots, and sidewalks free from snow and ice. They also need to put up signs warning about slippery conditions to prevent slip-and-fall accidents from taking place.
Homeowners are almost always covered by their homeowner’s insurance policy. For instance, if a contractor who is working on the roof of your home is injured in a fall, you generally won’t be liable. To get a better understanding of how premise liability accidents occur, take a look at some of the most common causes:
These accidents occur when someone trips and falls because of hazardous conditions on the property. Like slip-and-fall accidents, the injured party has to prove that their fall occurred as a result of the property owner’s negligence. If they can prove that the property owner knew about the hazardous conditions but didn’t do anything to fix them, they may have a strong case.
For instance, imagine that there was a large pothole in the parking lot without any signs warning about the danger. If you fell after stepping into the pothole, you could have a valid trip-and-fall case. In a situation like this, the property owner had a responsibility to fix the pothole. Since they didn’t, they can usually be held accountable for any injuries that occur.
Unsafe Conditions On The Property
Anyone who owns a property is responsible for preventing hazardous conditions from occurring. One of the basic responsibilities associated with owning property is ensuring that it is safe for people to enter. Some of the most common hazards involved in cases like these are listed below:
- Objects falling off of the roof
- Stairs or sidewalks that are improperly maintained or defective
- Ordinary household hazards
If these dangers are not clearly marked with warning signs, the owner of the property could be held liable if an accident occurs that leaves someone injured or that results in other damages.
While some fires can’t be prevented, others are the result of negligence. For instance, if a property owner fails to address known electrical issues in their building, they could be held liable if these issues cause a fire. Failing to repair hazardous conditions like these opens the owner of the property up to lawsuits if any fire-related accidents occur as a result of their negligence.
Attacks Or Physical Assaults
Attacks can happen anywhere, regardless of place or time. When someone is attacked or assaulted on another person’s property, however, the property owner could be held accountable if they were aware of the attack. The owner of the property may also face liability if there were steps that they should have taken but didn’t that could have kept the attack from occurring.
Attacks By Animals
In New York, there are legal protections in place for people in the event that they are attacked by a domesticated animal. Anyone who owns an animal that attacks and injures another person could be held liable for the resulting injuries. If the pet owner was aware that the animal posed a danger but failed to take proper steps to keep it contained or to warn others, they also could face legal repercussions.
In New York, residents frequently suffer health problems after being exposed to lead. Renters of all ages are particularly prone to lead poisoning since many buildings in New York still contain lead paint or lead water pipes. If you or a family member developed health problems after being exposed to lead, reach out to us today for professional advice and assistance from our attorneys.
Accidents Involving Escalators
Every day, escalators are used throughout the world without causing any problems. Even though they are generally safe, escalator accidents can still occur. When escalators fail, it can result in major injuries. Since escalators have so many moving parts, the risk of accidents is quite high. If you were involved in an accident involving an escalator, get legal help today from Cellino Law.
Accidents Involving Elevators
New York has a lot of multistory buildings, many of which have elevators. Exercising caution is important anytime you get onto an elevator. Elevators require regular maintenance and service visits to ensure that they are operating the way that they should be and that there aren’t any problems that need to be addressed. If you were injured as a result of a malfunctioning elevator, reach out to our attorneys right away to discuss your case.
Swimming Pool Injuries
When swimming pool accidents occur, they often result in severe injuries. In some cases, they may even be fatal. If you or someone you care about sustained injuries in a swimming pool-related accident, contact us as soon as possible to talk about your legal options.
Accidents At Amusement Parks
Although amusement parks are designed for fun and entertainment, accidents sometimes occur. When amusement park rides malfunction, serious injuries can occur. If you were injured in an amusement park, speak with one of our attorneys right away. Amusement parks have a responsibility to their visitors to ensure that their grounds are well-maintained and that their equipment is functioning properly. Any dangers need to be addressed immediately to keep other people from getting injured, as well.
Property owners are required to take appropriate steps to secure their premises. For instance, people who own rental properties are required to provide adequate security against issues like assault or theft. If your rental unit is not properly secured, your landlord may be liable for any injuries or losses that occur. Landlords and property owners have a responsibility to their tenants to ensure that they have a safe, secure place to live. Failing to meet this requirement could make them legally liable for any thefts, burglaries, or attacks that take place.
Accidents At Airports
Many of the cases that we handle at Cellino Law involve accidents that occur at airports. If you were injured as a result of hazardous airport conditions, we recommend contacting us right away. Our experienced attorneys can help you seek financial compensation for your injuries. With their assistance, you can be sure that the responsible parties are held liable for the part that they played in your accident.
Accidents At Hotels
If you were injured while staying at a motel or hotel in Manhattan, you may be owed compensation. Talk to one of our attorneys today to find out if you have grounds for filing a lawsuit. Motel and hotel owners are required to keep their guests safe by ensuring that their properties don’t have any hazardous conditions. If they fail to meet that requirement, they may be liable for any resulting injuries that occur.
Although ceilings and roofs don’t collapse very often, they can result in serious injuries when they do. We have handled cases like these in the past, which is why you should hire us to represent you if you are injured as a result of a wall, roof, or ceiling collapsing. Issues like these are almost always the result of improper maintenance or poor structural design, which means that the property owner could be held liable.
Injuries Involving Burns
Anyone who owns a rental property is required to provide hot water for their tenants. The temperature of the hot water can’t be higher than 120°. If the water is any hotter than that, tenants could wind up getting burned or scalded. If the water temperatures are higher than this because of a failure on the part of the landlord to use the correct temperature-regulating equipment, they can be held liable for any burning or scalding accidents that occur.
If you are injured or harmed on city or county property, you may have a valid municipal liability claim. In most cases, lawsuits against municipalities need to be filed within a specific amount of time. Typically, the deadline is 90 days after the accident occurs. If you fail to take action before the deadline, you won’t be able to file a claim.
Common causes of premise liability cases:
- Animal attacks
- Electrical problems
- Inadequate security
- Floors that are damaged or uneven
- The presence of poisonous or toxic substances
- Floors that are slippery or wet
- Stairways that are improperly constructed or poorly maintained
Common Risks That Are Present On Dangerous Properties
Many problems or conditions can make property hazardous. In New York, property owners are required to take reasonable care and precautions, even if they can’t address every tiny detail.
Some of the most common risks that are found on dangerous properties include the following:
- Too little security
- Hazards that could cause someone to slip, trip, or fall
- Dangerous clutter
- Properties that are poorly maintained or inadequately managed
- Structural problems that could lead to instability or collapse
If a piece of property has any of the dangerous problems highlighted above, the property owner could be held accountable for any resulting injuries or damages. When cases like these go to court, a thorough investigation is conducted to determine whether or not the accident could have been prevented if the property owner had done things differently. In cases where the accident was caused by the negligence of the property owner, they can be held accountable for any damages.
Can Insufficient Security Be The Cause Of A Premises Liability Claim?
In the past, we have helped clients with cases involving damages resulting from inadequate security. When a burglary or assault occurs, the property owner can sometimes be held liable if they failed to properly secure the premise. Property owners are required to minimize the risk of crime by providing a sufficient level of security. If they fail to do this, any problems that occur could leave them legally liable for the resulting damages.
Proving negligence in cases like these involves showing that the landlord or property owner should have been able to foresee that the crime would take place. In most cases, property owners are immune from lawsuits like these if similar incidents have not taken place before. If they never experienced an issue like this in the past, it would have been difficult for them to predict that it would happen in the future. To prove that the property owner was negligent, you need to be able to show that they were aware that criminal activities were taking place but didn’t do anything to stop them or to protect against them.
There are many ways that property owners can provide a reasonable level of security. For instance, they could employ security guards. They could also install better lighting in parking lots, near ATMs, or around entry doors. Fences and security gates could also be installed to keep unwanted intruders out. Unfortunately, burglars or assailants often slip away without being punished. In some cases, however, the owner of the property may be responsible for the events that took place since they failed to adequately secure the area.
How Is Negligence Proven In Manhattan, New York Premise Liability Cases?
Manhattan, New York is a bustling city with a lot of people. If you sustained injuries while you were on property owned by another party, you may be able to file a lawsuit against the property owner to cover the cost of the resulting damages. In order for the property owner to be held liable, you need to prove that the accident was caused by their negligence. The attorneys at Cellino Law need to show:
- That there was a problem with the condition of the property that contributed to the accident
- There was adequate time for the property owner to correct the problem. Despite that, they failed to do so.
- That the property owner knew about the hazards and didn’t take steps to correct them.
When an accident occurs, property owners often scramble to fix the problem, repairing the issue quickly to try to avoid liability. The goal of making repairs like these is to try to hide the fact that their negligence contributed to the accident. That is why it is important to photograph the scene or to take videos of the area where the accident occurred. Gathering evidence like this will help you build a stronger case.
If you are injured in one of these accidents, reach out to Cellino Law as quickly as possible. This will allow our investigators to begin gathering essential evidence in your case. Once we put together enough evidence, we can help you file a premise liability claim.
What Damages Can Be Claimed In Premise Liability Cases?
Negligent actions on behalf of a property owner can result in serious injuries. At Cellino Law, we are committed to helping victims get justice for their injuries and losses. We will work hard for you to ensure that you get the ideal outcome in your case. Here are some examples of the damages that you may be able to claim in a premise liability case:
- A loss of income
- Permanent disabilities
- Medical expenses, including both current and future medical costs
- Prescription medication expenses
- Rehabilitation and physical therapy costs
- Emotional suffering
- Pain and suffering
- Reduced capacity to earn
- Forced changes to your lifestyle as a result of the accident
The amount of money victims get in premise liability cases usually hinges on how severe the injuries are. For cases involving minor injuries, the damages awarded are usually relatively small. In situations where the injuries are more severe, however, the amount of compensation can significantly increase.
Who Can Be Sued In Premise Liability Cases?
When an accident occurs on someone else’s property, you can sue the property owner. In situations where the property is managed by a corporation, you can also sue that company for your injuries or losses. For instance, if the owner of the property hires a company to handle securing the premises for them, victims who are attacked on the property could sue the security firm for their injuries or losses.
If negligent actions on the part of the claimant caused the accident, they may not be able to seek compensation. In New York, however, premise liability claims are recognized. As long as someone else was responsible for the accident, you can always go after compensation. Keep in mind, however, that the amount of the settlement may be reduced by as much as half if your actions contributed to the accident in any way.
What If I Am Injured While Trespassing? Can I Still Be Compensated For My Injuries?
In the state of New York, trespassing on another person’s property without their permission is against the law. If you are injured while you are trespassing, the owner of the property can’t be held liable for your injuries. This is true even in situations where hazardous conditions were present. There are certain cases, however, where trespassers may be able to file premise liability claims:
- The owner of the property was aware of the trespasser. If the person who owned the property knew that someone was trespassing and didn’t do anything to stop them, they could be responsible for any damages that the trespasser sustains.
- Children and attraction. When underage children trespass on a property, the property owner may be held liable if hazardous elements on the property attracted the children. This applies even if the children were trespassing.
How Do Defendants Fight Back Against Premise Liability Claims?
Typically, people who own property do everything that they can to get out of paying for premise liability claims. In some cases, they may try to cover up the problem. They may also try to claim that they didn’t know about the hazardous conditions. That is why it is so important to hire a qualified attorney to represent you when dealing with cases like these.
In some cases, property owners may even try to blame you for the accident. Their goal is to get your case dismissed or to minimize the amount of compensation that they owe you as much as possible. Usually, they will go to great lengths to accomplish these goals.
A Manhattan Premises Liability Lawyer At Cellino Law Will Review Your Case For Free
If you were injured in an accident that was caused by the negligence of a property owner, you could be eligible for compensation. The best way to find out if you have a valid case is by contacting a knowledgeable premise liability attorney as soon as possible. Reach out to our Manhattan injury firm today at 800–555–5555 to talk about your case. You can also contact us through our online form or via our live chat option. With our assistance, you can get the compensation that you deserve for any injuries or damages you sustain while you are on property owned by another party.