Category: Premises Liability

Winter storm Juno may lead to more premises liability claims

As winter storm Juno swept across New York and other parts of the Northeast, it left behind piles of snow and the possibility for premises liability claims. New York residents know that it is common for snow and ice to accumulate on sidewalks in the winter, but it may not be as commonly known that private property owners could be at least partially responsible for slip-and-fall accidents. When a person is injured on a sidewalk or driveway, the injured victim may consider filing a premises liability claim.

In New York City, residents are responsible for cleaning snow and ice off of walkways. Failure to do so could result in fines and even jail time. This also includes public property, such as sidewalks, that is adjacent to private property, such as a driveway or walkway. In the winter, it is especially important for homeowners and property owners to be vigilant and clear hazards that could harm others.

When a person is injured on personal property, the owner could be considered financially liable for damages, such as physical injuries and medical bills. Victims who are unsure of who or what played a role in their accident may benefit from seeking a complete evaluation with a Accident Attorney. This can provide a clear picture of legal options.

Identifying the liable party in a premises liability claim can be a complex process. For this reason, injured victims will likely benefit from seeking assistance as soon as possible after an accident. Icy sidewalks and snowy walkways are a common winter inconvenience in New York, but that does not diminish the personal responsibility of private property owners.

Source: Time, “The $300,000 Reason You Should Shovel Your Walkway ASAP“, Kerri Anne Renzulli, Jan. 27, 2015

In a New York premises liability case, a plaintiff may not be able to conclusively prove that a defendant’s negligence caused an injury. However, there may be enough circumstantial evidence available to lead to that conclusion. In such a case, a plaintiff would be establishing his or her case through the doctrine of res ipsa loquitur, a Latin phrase that can be translated to “the thing speaks for itself.

There are three elements that a plaintiff must show before a jury can find for the plaintiff in a case that is predicated on res ipsa loquitor. First, it must be shown that the event couldn’t take place without someone’s negligent behavior. Second, the evidence must rule out the possibility that the plaintiff’s actions led to an injury. Finally, it must be shown that the defendant had a duty to protect the plaintiff.

A defendant may not be found liable under this doctrine if he or she can prove that one of the three criteria weren’t met. For instance, a property owner wouldn’t have due care to protect a trespasser if he or she got hurt. If the plaintiff ignored warning signs or was in an area without protective gear, those actions may have caused an injury.

An individual who is injured while at the grocery store or on any other unsafe premises may wish to contact a premises liability attorney who may be able to establish that negligence on the part of the property owner was the only way in which an accident that led to injuries could have occurred. This may entitle an individual to compensation that could include the costs of medical care.

Source: FindLaw, “Res Ipsa Loquitur”, accessed on Jan. 20, 2015

Numerous people suffer personal injury every year due to conditions on public property in New York. People who are injured may be unaware that they might be able to recover damages for any injuries received from the governmental agency that owns the property.

Government agencies once held broad immunity in the event a person was injured on government-owned land. Prior to the Federal Tort Claims Act of 1946, people who were injured due to the negligence of government employees had no recourse. Now, local, state, county and federal government employees and agencies may face liability for personal injuries occurring on their property if certain circumstances apply.

Typically, property owners owe a duty of care to people who are on their property. The duty will vary depending on why the other person is there. Governmental bodies may still enjoy a lowered duty of care to people who are using a maintained property. Many injuries occur on sidewalks or in public parks due to conditions that are known hazards and, as such, should have been repaired.

An individual who is seriously injured due to problematic conditions existing on public property may be able to recover compensation for his or her loss through a premises liability lawsuit. As governmental immunity is often asserted and may be a sticking point in such cases, people who have been injured under such circumstances may find it beneficial to seek out the help of a Accident Attorney who is familiar with the limits of governmental immunity. If successful, injured victims might be able to receive compensation for medical expenses, ongoing treatment needs, lost income and other damages categories.

Elevator accidents can cause injuries and death

Many people in New York City use elevators everyday without thinking about the potential risks. If an elevator is poorly maintained, occupants could be exposed to hazards that could lead to injury and death. According to the U.S. Bureau of Labor Statistics, 27 people die in elevator accidents every year while 10,200 people suffer from nonfatal elevator injuries.

An elevator accident may happen because of a number of different problems. For example, a malfunctioning pulley system or another defect could cause an elevator to suddenly drop to the bottom of the shaft. Faulty doors on an elevator could also pose a risk to elevator passengers by exposing them to falls through an open shaft. There are also cases where faulty wiring could make elevator occupants vulnerable to electrocution. Trip-and-fall accidents can occur if the elevator does not line up properly with each floor.

Statistics gathered by the U.S. Labor Department’s Census of Fatal Occupational Injuries has shown that half of the fatal elevator accidents that take place each year involve elevator maintenance workers and workers who use elevators at their jobs. Half of those fatal accidents involved the victim falling into the elevator shaft.

A person who has been injured while using an elevator might have a case for filing a premises liability claim. To present a strong claim, the plaintiff might need to gather evidence that suggests that the property owner was negligent in their responsibility to maintain a safe elevator. Many plaintiffs in this type of case choose to seek help from an attorney.

Source: Consumer Watch, “Elevators“, January 08, 2010

Slip-and-fall injuries at retail establishments

New York residents who have been injured while shopping at a store may be interested in the law surrounding premises liability. Depending on the actions or inaction of the store owner, they may have been negligent in leaving the hazardous area unattended. Whether caused by a wet floor or a torn carpet, slip-and-fall injuries are a common type of claim by shoppers. A person who is injured due to a slip and fall at a retail store may be able to file a premises liability claim against the store owner.

A store owner must take reasonable care that the premises are safe from potentially injurious hazards. This means that they have to remove any items that have fallen on the floor, clean up any spills within a reasonable time and fix any broken stairs and other objects in the store that could cause injury. To prove that the owner has not met this standard of care, evidence must show that the owner knew or should have known about the hazard. The injured party must also prove that there were not regular inspections and maintenance of the store and that the injury would not have occurred if the standard of care was met.

Owners may present defenses such as denying that the hazardous condition existed in the store or that it did not directly cause the injury. They may present evidence that they regularly inspected the premises. An obvious and avoidable hazard may in some cases not give rise to liability.

Navigating the complexities of a premises liability case can be difficult without the guidance of an attorney who can assess a person’s case and decide whether legal action is appropriate. If a lawsuit is advisable, the attorney can assist in determining the scope and range of damages to ask for.

Source: Findlaw, “Slip and Fall Injuries“, December 29, 2014

Is a property owner responsible for children who trespass?

Most New York adults know not to trespass on property where they are not welcome. If they do trespass, they usually know that they should exercise caution. Children, on the other hand, may not be so careful. They can be attracted to things that are inherently dangerous and may not understand the full risk involved. As a result, children sometimes suffer injuries on property where they weren’t welcome. In those situations, there is often a question as to whether the child’s family can pursue compensation from the property owner.

There are a number of rules that specifically define when a property owner is liable for injuries to trespassers. However, child trespassers have their own set of rules. Generally, premises liability with regard to child trespassers depends on whether there is an “attractive nuisance” in place. An attractive nuisance is something that an adult would likely see as dangerous, but a child may find attractive. This could include things like swimming pools or heavy machinery.

A property owner who has an attractive nuisance on its property also has a responsibility to make it safe for child trespassers. A court may look at whether the property owner knew or should have reasonably known that children would be attracted to the nuisance. Also, the court will look at whether the child would know that the nuisance presented risk and if the utility of the nuisance justified the potential danger.

While these criteria offer a helpful set of guidelines, rulings can vary from case to case depending on the circumstances in each situation. Parents who are curious as to whether they can pursue an action for damages may want to consult with a premises liability attorney.

Source: Findlaw, “Who Is Liable?”, December 22, 2014