What Is Premises Liability?
Premises liability is a critical legal concept that pertains to personal injury cases where an individual suffers harm due to an unsafe or defective condition present on someone else's property. This area of law holds property owners accountable for maintaining safe environments for visitors and tenants. For instance, if you were walking up the staircase in a friend's house and encountered a hole in one of the steps, resulting in your fall and subsequent injury, that scenario could potentially be classified as a premises liability case.
Similarly, if you were riding your bike down the street and came across an uneven sidewalk that caused you to lose your balance, leading to a fall that resulted in injury, that situation might also fall under the umbrella of premises liability. In both examples, the property owner's negligence in maintaining safe premises may be a crucial factor in determining liability for your injuries.
Call New York premises liability attorney in Law Offices of Jason B. Kessler at 833-92-AYUDA to schedule a consultation with a lawyer today.
What Kinds of Situations Qualify as Premises Liability?
Any peril that a property owner neglects to rectify timely could result in the owner being accountable for any injuries their guests suffer. Matters such as inadequate lighting, pathway blockages, torn carpets or mats, shaky stairs or handrails, malfunctioning elevators, and irregular stair risers should all be addressed prior to a property owner welcoming guests. Even slippery floors can become a source of accidents. Nevertheless, if the property owner is oblivious to the situation, like a customer shattering a soda bottle and not informing an employee, the owner might escape liability. This underscores the importance of seeking advice from a personal injury attorney like Jason B. Kessler in New York immediately after the accident to understand your available options. If you want to assess if your situation can fall under premises liability, don't hesitate to get in touch with The Law Offices of Jason B. Kessler.
Three Important Things to Know About Premises Liability
1. If you were injured while lawfully on another person's property, it is possible that the owner of the property may be liable for negligence. In order to prove that the property owner was negligent, you must first show that you were on the property lawfully. Next, you must show that the property owner failed to keep their property safe or well maintained in order to prevent others from getting injured. For example, you need to show that the owner knew about the issue, like a broken step, and failed to fix it. Alternatively, you can show that if the owner did fix the step, they did not do so in a way that made it safe. Third, you need to show that due to the owner's neglect and unsafe condition of their property, you sustained injuries.
2. It is important to show that you were lawfully on the other person's property. People who are considered to be lawfully on another's property include invitees and licensees.
An invitee is a person who was invited to the property owner's premises for commercial or business reasons. For example, people who enter a restaurant to dine are considered invitees. If a person is invited to another person's property, the property owner must make known the existing hazards on the property, if there are any, in order to prevent the invitee from getting hurt.
A licensee is a person who was on the property owner's premises for reasons not having to do with business or commercial transactions. For example, people who go to someone's house for a birthday celebration are considered to be licensees. In this case, the property owner might be responsible for negligence if there are conditions on the property that are hazardous, and the owner failed to let the invitees know about the potential dangers.
3. In some rare cases, a property owner may be liable for injuries that were caused by a trespasser. A trespasser is a person who was on another's property without an invitation. The property owner may be liable for the injuries of a trespasser from the moment the owner knows that the trespasser is on their property. At that point, the owner must warn the trespasser about any harmful or hazardous conditions on the property. If the owner did not know that the person was on their property, they have no responsibility to alert the trespasser of any impending risks, and they may not be responsible for their injuries.
We Can Help You
It is important to speak with a knowledgeable attorney to determine if your injuries were indeed due to someone else's negligence. If so, you could be entitled to monetary benefits for your physical pain and emotional suffering. We have several years of experience with premises liability cases, and have obtained large settlements on behalf of many clients. Please call the personal injury attorney in New York Law Offices of Jason B. Kessler at 833-92-AYUDA for a free evaluation of your case.