Every day, people get hurt in various places from the park to a restaurant or even someone’s home. When you become injured on someone else’s property because they were negligent in keeping it safe, you may be able to recover compensation for your injuries.
This aspect of personal injury law is known as premises liability and holds owners and occupiers of property liable for keeping their property in reasonably safe condition. For example, a store should put up warning signs when there has been a spill to keep customers from slipping. Property owners should make repairs promptly or provide sufficient warning when something poses a danger to others. If they fail to do so, then they may be held liable for your injuries.
Common Types of Premises Liability Cases in New York
Slip and fall cases top the list of types of premises liability cases in the city. These often involve a spill that wasn’t cleaned up promptly and had no warning signs to protect invitees.
Snow and ice accidents are also common in the winter, occurring in parking lots or on sidewalks. Owners should take care to protect visitors from these hazards. Premises liability also extends to dog bites, and apartment buildings or hotels with inadequate maintenance or defective conditions.
Do You Have The Legal Right to Pursue a Premises Liability Case?
In New York, owners or managers of a property owe a duty of care to invitees and licensees. Invitees are generally friends or family members that visit someone at their home, or customers going to a business. As for licensees, a vendor is one example, perhaps delivering the food a restaurant needs.
Both invitees and licensees must be warned of any dangers on the premises. However, anyone trespassing is not owed a duty of care, with the exception of children.
If you are considered an invitee, you may be able to file a premises liability claim if you can prove that the owner knew or should have known the danger existed and didn’t fix it or post a warning. You must also prove that in the absence of any repairs or warnings, you were injured by this hazard and you incurred damages as a result. While it sounds straightforward, it can be quite complex to prove liability in premises liability cases without an experienced attorney.
Damages That You Can Recover in Premises Liability Cases
If you were hurt on another person’s property and you had a right to be there, you may be able to seek compensation for your injuries. Often, this will include medical expenses, such as an emergency room visit, surgery, prescription medications, and physical therapy.You may also pursue compensation for your loss of income if the injuries cause you to miss work. Non-economic damages may also be pursued, but they can be harder to prove on your own. With the help of a Manhattan premises liability law firm, you will have attorneys who can help you prove your case for compensation.