Types Of Premises Liability Cases
Property owners, managers, or occupiers of a land or building have a duty to protect guests, patrons, visitors, passersby, and other individuals from coming to harm on their premises.
These entities may be held liable for any injury resulting from accidents on the property caused by their negligence or failure to exercise a reasonable duty of care to keep the premises safe. If you or someone you care about has been injured on another’s property, a prolific and considerate premises liability attorney in New York, who has been through the legal battlefield before, may be able to help you obtain maximum compensation.
Here are a few common types of premises liability cases in New York.
Lack of Property Maintenance
There are several elements in a building or property that can quickly become dangerous if the premises is poorly maintained. This includes things such as pavements, staircases, floors, fencing, restrooms, light fixtures, appliances, or elevators. The building manager or landlord may be held responsible for any injuries sustained by a visitor because of an accident due to bad maintenance of the premises.
Poor or Inadequate Security
Part of a business owner or property manager’s job is to ensure safe and secure premises for customers, tenants, and employees. The business comes under scrutiny when people are injured due to a break-in, robbery, or act of vandalism. The incident may possibly have happened because of faulty alarm systems, locks, security cameras or lack of security guards where it was necessary.
In such instances, the property owner, manager, or occupier can be held liable for injuries and damages to the victims. A good example could be an injury to a customer at a bar or nightclub because of the rowdy or aggressive behavior of someone in absence of proper security provided at the facility.
Slip and Fall Hazards
Slip and fall accidents are among the most common types of premises liability claims in New York. They happen when a property manager, owner, or occupier fails to properly maintain parking lots, staircases, floors, grounds, and sidewalks. If someone trips and falls because of a wet floor, or snow, or ice, because the hazard was not marked by warning signage (even when it was anticipated), it could lead to a potential premises liability lawsuit.
It is important to understand that maintaining and repairing sidewalks in some public places are the primary responsibility of New York City. The city is required to ensure that it is safe and accessible to all pedestrians. However, in other circumstances property owners, landlords, and occupiers of commercial and residential buildings have a responsibility to place warning signs alerting passersby of any hazardous condition.
Unrestrained Dogs
Dog owners in New York are obligated to keep their dogs restrained when a visitor is present on the premises. This is especially true if the animal shows aggressive tendencies towards strangers or has a history of attacking. The dog owner may be held responsible for any injuries and damages to the victims arising from negligence, such as absence of fence, lack of pet training, or failure to leash the dog.
Elevator Accident Liability
The owner or manager of a building or any other type of residential or commercial facility in New York must ensure that the elevators work properly. They are also obliged to respond properly to elevator related complaints from visitors, tenants, and workers. Defective or malfunctioning elevators should not be used and should be marked clearly with some form of warning or “Out of Order” sign.
Any accident or injury resulting from a faulty elevator where the owner or manager was aware of the fault,or should have been aware under reasonable circumstances, is likely to create premises liability against the negligent parties in New York.
Swimming Pool Accidents
These are among the more common premises liability accidents in New York. Injuries or drowning incidents resulting from swimming pool accidents can be fatal or catastrophic. Large settlements in these lawsuits are commonplace. However, you should work with a seasoned premises liability law firm that is prepared to go to trial and fight for your rights.
Liability in swimming pool injuries and damages may arise because of an improperly maintained pool, inattentive or negligent lifeguard, unsafe pool equipment, wet or broken floors, contaminated water, code violations, and other negligent behavior on part of the facility owner, manager or occupier.
Talk to a Trusted and Knowledgeable Premises Liability Attorney: Book Your Free Consultation Today
Premises liability lawsuits have the potential to become highly complex with various legal elements and multiple at-fault parties in many cases. The capable and experienced attorneys at the Law Offices of Michael S. Lamonsoff have the necessary resources and competence to help you achieve your rightful financial compensation.
Led by the highly rated New York premises liability attorney Michael Lamonsoff “The Bull”, our legal team working on your claim will include award-winning civil litigators and former prosecutors that won't stop until you get what you are owed.
If you or someone you love has been injured on someone else’s property, let our dedicated lawyers work hard to get you the compensation you deserve. To set up your complimentary consultation, call us at 212-962-1020 or reach us online.