Property ownership is an excellent investment venture since property owners can expect significant returns from their investment. However, there’s more to property ownership than meets the eye. Property owners have a legal responsibility to make sure that they keep their properties in good condition and safe for everyone. That means that a property owner is legally obligated to repair any defects and eliminate any elements that may compromise the safety of those within the property. If your property has defective conditions and ends up causing an accident, then as the property owner, you might end up with a premises liability case in your hands.
According to New York state laws, property owners can be held accountable for any harm or injuries caused if their negligence led to the accident. Do you have evidence to support your premises liability claim? If so, all you need to do is prove your case, and then the judge or jury (if the case goes to trial) can decide to award you compensation for the damages. So, don’t wait to reach out to our Rochester premises liability lawyers if you’re part of such a case. Schedule your free consultation today, call our Rochester injury firm at (800) 555-5555.
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Premises Liability Accidents – Common Causes
More often than not, many property owners in Rochester are forced to deal with cases of promises liability due to slip and fall accidents. These cases are usually common during winter due to all the snow and ice. But for the injured individual(s) to seek compensation successfully, he or she must prove that the owner of the property neglected to get rid of the snow or ice, and their negligence caused the slip and fall accident.
Property owners dread the winter season and are relieved when they don’t have to deal with the ice or snow. Property owners will take measures such as clearing the ice and snow from sidewalks and driveways and put up warning signs to prevent accidents such as slips and falls from occurring.
Typically, homeowner’s insurance coverage protects homeowners. Therefore, if a roofing contractor slips and falls due and ends up suffering injuries in your home, you won’t be held accountable for negligence. Here’s a window into some the common causes of property liability accidents:
Trip & Fall Accidents
Trip and fall accidents are treated the same as a fall on snow or ice. When it comes to handling premises liability cases caused by slip and fall accidents, the injured party must prove that they suffered some kind of injury or damage as a result of a tripping or falling hazard on the owner’s property. The wounded individual can have a strong case if they can prove that the owner of the property was aware of the existence of the hazard but still failed to fix it.
A perfect example is tripping on a pothole in the parking lot, and there’s no warning sign to help notify people of potential hazards. If you get injured due to a slip and fall accident on such a parking lot, then the property owner of the said parking lot could be held liable.
Hazardous Conditions on the Owner’s Property
Anything that poses a threat to the safety of the users of the owner’s property fall under this category. Examples of hazardous conditions on the property include:
- Falling objects from the roof
- Defective sidewalks and stairs
- Household dangers, and many others
If the owner of the property does not install warning signs to notify those using the property of such dangers, then the property owner can be sued for any harm or injuries if an accident happens.
Incidents of fire outbreak are not uncommon, and property owners are held accountable for any injuries or damages if the accident was a product of their negligence. An excellent example of a fire outbreak case is where there are electrical issues, and the owner of the property fails to repair these issues. If the electrical problem ends up causing a fire outbreak, then the owner of the property may be held accountable for all damages.
Assault/Attack on a Property
A person can be attacked at any place and at any time. But when assaulted or even killed on another party’s premises, then the owner of that land and building may be held liable if he or she knew about the attack. Another point that could help strengthen such a case in a court of law is if the owner of the said property had the power to prevent the attack(s) but decided not to act.
The state of New York has no-nonsense liability laws put in place to protect people from domestic animals. This means that the owner of an animal can be held accountable for any wounds inflicted on the individual by the animal. Also, the owner of a pet or domestic animal can be sued if he or she was aware that their animal(s) was a danger to others but did nothing to warn the public or keep the animal away.
We also deal with cases linked to stair accidents. Were you injured by a defective staircase? Or were you in a staircase accident due to poor lighting? If you have been involved in a staircase accident, then the owner of the property should be held liable for your injuries. Don’t hesitate to call our lawyers to come up with possible legal options that can help you seek compensation.
Many New York residents are exposed to lead, which is harmful/poisonous. Everyone, regardless of their age, is exposed to lead poisoning, especially residents of rental properties. More than a couple of neighborhoods in New York have lead water pipes and lead paint. So, are you or any of your loved ones dealing with health complications as a result of lead poisoning? If so, call us NOW, and our attorneys will provide top-tier legal assistance.
Many people use escalators on a daily basis without being involved in accidents. Unfortunately, that’s doesn’t mean that escalators are risk-free; on the contrary, many people have sustained all kinds of injuries due to escalator failure. Sometimes, people end up stuck on the moving parts and suffer severe injuries. If you’ve been in an escalator accident, call Cellino Law for legal assistance.
Elevator accidents are not uncommon in New York. Therefore, it could always be wise to be extra careful whenever you use an elevator. Elevators must be serviced and maintained correctly, designed, and created in a way that makes them durable. If you suffer any harm or injuries due to an elevator malfunction, call us today, and our lawyers will start working on your case.
Swimming Pool Accidents
Swimming pool-related accidents can cause severe and even life-threatening injuries. That is why it’s always advisable that you seek recovery for any harm or damages that you or a loved one might have suffered due to a swimming pool accident. After assessing the case, we will point out the legal grounds you can utilize to seek compensation.
Amusement Park Accidents
While amusement parks are meant to be a place to have fun and let loose, amusement park accidents can get in the way of an otherwise fantastic time. When these accidents occur, people in the park end up with injuries. If you have been involved in an amusement park accident, call our attorneys immediately, and they will spring into action. Amusement parks should always be well maintained, and any dangerous elements should be removed early.
Negligence in Security
It is the responsibility of a property owner to make sure that they have reasonable security measures in place on their premises. Do you live in an insecure apartment and face all kinds of security issues like burglary, sexual assault, theft, and assault? If you do, then your landlord can be held accountable for any harm or injuries sustained by a victim on that property. A landlord is required to put in place advanced security measures on their property for the sake of the resident’s safety.
Here at Cellino Law, we get calls all the time from individuals complaining that they’ve sustained injuries due to hazardous conditions at the airport. If you’re dealing with such an issue, then we suggest you move quickly and call us so that our attorneys can start working on your airport accident case. We will offer legal advice regarding the best move you can make to get compensated for all your injuries.
Did you decide to spend some time in a hotel or motel in Rochester, NY, only to end up suffering some kind of injury while enjoying your stay? If that happened to you or a loved one, you could contact us to help you file a lawsuit to seek compensation for the injuries you sustained. It is the responsibility of the hotel/motel management to make sure that the hotel is safe.
Roof or Ceiling Collapse
Cases of roof and ceiling collapse might not be prevalent, but our lawyers have experience in such matters. You could reach us for legal advice if you got injured by a collapsed ceiling, wall, or roof. The owner of the property should be held liable for failing to maintain the property and negligence.
Scalding & Burning Injuries
Legally, a landlord is required to make sure that their tenants have a supply of hot water in their homes. Plus, the temperature of the hot water must be below 120 degrees. However, if the temperature was to exceed this limit, then people could end up with burn and scalding injuries. If the landlord fails to use the right equipment to regulate the temperature of the hot water, then he or she can be held accountable for negligence.
Municipal liability gives an individual the legal right to file a claim if you suffer harm or injuries on a property that is owned by the county or city. But note that when suing a municipality, you must file for a notice of claim before a set deadline (usually 90 days after the incident). If you don’t take any legal action before the set deadline, then your claim won’t be valid.
Essential Things To Know Regarding Property Owners’ Duty Of Care In New York
Property owners in New York could make the best of the duty of care against people who were on the property lawfully. This means that the involved individual was either a licensee or invitee; in other words, he or she had every right to be on the property.
A licensee: Refers to a person who was on the property for non-commercial or non-business reasons.
An invitee: Refers to an individual who received an invitation into the premises for commercial or business purposes. An excellent example of an invitee is people who buy items from a department store.
The owner of the property can also provide a “duty of care” to people passing through their premises. But for this to be effective, the owner of the property must put up warning signs to notify trespassers of any human-made hazardous conditions, such as a warning to steer clear of an electric fence.
Property owners must also provide a ‘duty of care’ to underage trespassers. Children trespassers are classified separately, which is why they are handled differently. Property owners must make sure that there are no tempting objects for kids, such as a swimming pool that is not fenced correctly. The owner of the property is required to take the necessary measures and set up warning signs in all hazardous locations.
Examples Of Risks That Could Be on Dangerous Premises
Different kinds of risks could be present on dangerous property. The state laws of New York require property owners to act responsibly and reasonably in even if it’s impossible to be aware of every small detail.
Common dangerous elements on different properties include:
- Hazardous clutter
- Inadequate security
- Slip/trip and fall hazards
- Poor property maintenance and management
- Structural issues (poorly designed, constructed, unstable or collapsing structures)
In case an accident takes place on a property that has any of the above hazardous conditions. The owner of the property can be held liable for the harm, injuries, and any other damages caused. However, you need to note that the court will also conduct an investigation regarding the matter to determine if the property owner had the power to prevent the accident or not. If the accident was the direct result of a flawed property, then the owner will be held responsible.
Can You File a Premises Liability Claim for Inadequate Security Measures?
At Cellino Law, we’ve helped people seek compensation for damages caused as a result of a lack of sufficient security. A majority of individuals who deal with insecurity problems such as assault and robbery often forget that the party to be held liable for any damages or losses incurred due to the incident is the property owner. This is because the owner of the property has a responsibility to prevent crime by implementing adequate security measures.
The best way to prove that there was negligence in security is to use foreseeability in crime. But if the criminal incident had never happened before, then the owner of the property has immunity in such a case since he or she was not in a position to predict the incident or act to prevent the crime from happening. The only way to find the owner of the property liable is if he or she knew of the criminal activities happening in that area and did not take any legal action.
There are a plethora of measures that a property owner can take to offer reasonable security on their premises. Examples of these measures include hiring professional security guards, setting up security gates and fences, making sure parking lots and ATMs are appropriately lit. Often a majority of people find it easy to sue property owners than the person(s) who committed the crime. That is because the perpetrators run and hide, whereas property owners are available.
How Can a Rochester Premises Liability Lawyer Prove Negligence?
The city of Rochester is characterized by people everywhere and busy streets. But if you suffer injuries or any harm on another’s property, you can sue the owner of that property for the harm and injuries sustained. Note in order to get compensated, you must prove that your injuries or the losses you incurred were due to the negligence of the owner of the property. Your Cellino Law lawyer must prove:
- The existence of a faulty condition on the premises/property
- The owner of the property had extra time but still failed to fix the defects
- The owner of the property knew of the dangers involved
After an incident, property owners go to great lengths to try and cover up their mistakes with shoddy repairs. The idea behind these last-minute fixes is to get rid of proof of their negligence. For this reason, make sure you take pictures or record a video of the defective structures to collect substantial evidence for your case.
It’s highly recommended that you move quickly after being in an accident and contact our lawyers at Cellino Law so that we can start working on collecting vital evidence. Armed with these materials, we can proceed to file the premises liability claim.
What Damages Can Claimants of Premises Liability Cases Receive?
Here at Cellino Law, we are well aware of the challenges associated with sustaining severe injuries caused by another party’s negligence. That’s why we won’t rest until we make sure that you get the justice and compensation you deserve. Here are the different types of compensation that claimants can claim for in a premise’s liability claim:
- Lost income/wages
- Permanent disability
- Cost of present and future medical treatment and medication
- Cost of therapy and rehabilitation
- Pain and suffering
- Emotional suffering and pain
- Reduced earning capacity
- Change in lifestyle
The amount a claimant is awarded for premises liability claim varies depending on the severity of the injuries. For instance, if the claimant suffered minor injuries, then he or she might be compensated with a small fee to cover the cost of treatment. But the amount a victim can claim could go up if he or she sustained severe or life-threatening injuries.
How Can I Tell If I Have a Strong Premises Liability Claim?
Premises liability only applies when an individual has suffered injuries or harm on another’s property and not their own. Also, the victim is required to support their claim with evidence showing the property owner’s negligence. If the claimant can prove the property owner’s negligence, then they can be compensated for their injuries and losses.
Premises liability lawsuits might look the same on the surface but often involve different factors. That’s why you should seek professional legal help immediately after the incident in order to start taking the necessary legal steps. Besides, an experienced legal representative can guide you all the way and make sure you stay on track. So are you dealing with a premises liability case? If you are, call our seasoned lawyers at Cellino Law.
What Should I Do After Sustaining Premises Liability Losses Or Injuries?
Below is a window into what to do after sustaining premises liability injuries:
Record the Accident
Have a record of the accident in the form of photos or videos or write down what you can remember about the accident. These records will help you remember all the details when talking with your lawyer.
Keep Proof of Financial Losses
Keep a copy of receipts and other financial documents linked with the premises liability losses and injuries. Having these records is an excellent way to make sure that you get compensated for all costs incurred.
Seek Medical Attention
Make sure you see a health specialist and go in for a full checkup. Even if you look and feel okay, get a confirmation from your doctor.
Collect evidence as fast as you can. Winning a premises liability case is not easy; gathering crucial evidence helps strengthen your claim.
Gather Witness Testimonies
Talk to eyewitnesses and record your conversations with them. Also, record your conversations with the insurance adjusters and property manager. These recordings will be proof of what each person said after the accident. Furthermore, don’t forget to collect the contact details of the eyewitnesses.
Contact a Lawyer
Contact an attorney who is experienced and adept at handling premises liability claims.
Who Can I Sue Under Premises Liability Law?
You can sue the owner of the property, which means the owner of the land and building. However, if a corporation is in charge of managing the property, then you can sue that organization and hold them accountable for your losses and injuries within the property. An excellent example is when a property owner hires a security firm to take control of the premises, and a client gets attacked on the property. In such a scenario, the security firm will be held liable for all the damages and injuries sustained by the client.
If the claimant sustains injuries due to his or her negligence, he or she might be barred from compensation, especially if they were at fault.
However, you need to take advantage of the fact that the state of New York recognizes premises liability claims. As a claimant, you can always seek compensation as long as another party was at fault. But you need to know that the settlement/compensation figure may be reduced by 50% if you were found to be 100% at fault.
Can I Seek Compensation If I Suffered Injuries While Trespassing?
Trespassing is a severe offense in different states, including New York. You need to understand that the owner of a property cannot be held liable for your injuries since you were at fault. That means that it does not matter if there were hazardous factors on the property or not. However, there are some special cases when it comes to trespassing and premises liability claims:
The Property Owner Knew About the Trespasser
If the owner of the property knew about the trespasser’s presence on their property and failed to take action, then they may be held liable for any damages sustained by the trespasser.
Children & Attraction
This legal concept is only applicable when underage kids trespass on a person’s property. If children are attracted by hazardous elements and end up injured, the owner of that property could be liable even if the kids were trespassers.
Expected Legal Defenses In Cases of Injury On Another Party’s Property
Typically, property owners will try their best to prevent dealing with such cases. They might start by covering up the issue and insisting that they were not aware of the hazardous conditions within their premises. That’s precisely why you need to have an experienced Rochester personal injury lawyer by your side – an attorney who can help you fight back.
Property owners could also try to turn the table on the victim and claim that you were at fault. They do all these hoping to get your case thrown out of court or to reduce the amount you could be awarded as compensation.
Contact Cellino Law’s Rochester Premises Liability Attorneys for a Free Case Review
If you’ve been injured due to unsafe conditions or negligence at another’s property, you may be entitled to compensation. Contact an attorney who Is experienced and adept at handling premises liability claims. Call Cellino Law at (800) 555-5555 or use our online case form or chat service.