Tens of thousands of individuals sustain serious injuries every year on other people’s property. Under premises liability law, the property owner can be held financially responsible when someone else gets injured while lawfully on their property.
Both private and commercial property owners have a responsibility to keep visitors to their property safe from harm. However, there are countless cases where private guests, customers, and employees suffer serious injuries or death while visiting someone else’s property. When such tragedy occurs, the victims may have legal cause to sue for damages in a civil lawsuit.
The age old image of an elderly woman slipping on a banana peel in a supermarket might come to mind when thinking about premises liability; however, there are countless ways to get injured while on public or private property. Under premises liability law, all property owners are held responsible for keeping their property safe and to ensure the safety of visitors to their property. This adage applies to both adults and children visiting a private residence or a public building such as a hospital or retail store.
Once one understands the full scope of premises liability, the pieces begin to fall into place. Accidental injuries happen on other people’s property every day. People have been known to get injured in homes (as in a swimming pool drowning), on private property, at shopping malls (for example on an escalator), in an office building (elevator accidents), at a water park (drowning due to a defective drain), at an amusement park (suffering an amputation injury or wrongful death from an amusement park accident), at a subway station (slipping down wet stairs), or getting injured on a local city street (tripping on a broken sidewalk due to tree roots). Truthfully, the possibilities are endless. Anyone can get injured anywhere, at any time. When dangerous conditions on the property led to such preventable injuries, the victims may be able to sue the property owner for damages.
Such damages may include coverage for medical expenses, hospital bills, ambulance bills, surgery costs, medication, and physical therapy, lost wages, loss of future earnings, and pain and suffering. Premises liability law could encompass all types of negligence on behalf of the property owner. Failure to provide proper lighting, or appropriate security could fall under premises liability, as would some workplace injuries. Failure to keep the work environment safe can result in worksite accidents for the employees, which can hold employers accountable when such injuries occur.
When the city fails to maintain a roadway or highway, such failure can lead to serious accidents for drivers and their passengers. Pot holes, uneven cement, and overgrown shrubs can lead to serious, life-threatening accidents when they are not properly maintained.
As far as private residences, swimming pools are a common source of serious injuries or death. When visitors, especially young children are involved in a drowning accident, they can suffer from serious life-threatening injuries to death from the accidental submersion.
Premises liability cases are extremely complex and require the assistance of a skilled personal injury attorney. A lawyer can conduct an investigation, hire expert witnesses and collect witness testimony to prove negligence on behalf of the property owner; therefore, they can help the victims obtain full compensation for their damages. If you or a loved one has suffered an injury or an accidental death due to a property owner’s negligence, then you are urged to contact a skilled and knowledgeable New York premise liability attorney who can clearly explain your rights. You may have cause for a personal injury claim, so contact a personal injury lawyer today!
Real Estate Attorney