Category: Premises Liability

Premises liability in New York

When you visit property owned by another person or a business, there is a possibility that you may suffer an injury due to uncorrected problems on the property. In New York alone, many people are injured every year on other people’s property because of the property owner’s negligence. If you too have been the victim of a property owner’s negligence or the inattentiveness of personnel employed by the owner to secure the property, you may be interested in the legal issue of premises liability.

Property owners and managers owe a duty of care to visitors and customers on their property. In order to prevent potential injuries, owners and managers have a duty to correct or repair known hazards. Even if a property owner and manager had not know about a hazard, they may still be liable if it can be proven that, reasonably, they should have known.

You may have suffered a debilitating and life-altering injury. Sometimes, people suffer on others’ property spinal cord injuries that cause permanent paralysis and tantamount injuries. When a property owner has been negligent in the repair and upkeep of his or her property, you might be eligible to seek compensation for the losses you suffer in the event of an accident.

At Daniella Levy & Associates, our Accident Attorneys are very familiar with the duties owed by property owners to visitors or customers. We provide a careful analysis of the facts of our clients’ cases and a fair assessment of the damages suffered. We aggressively litigate on behalf of our clients in order to help them recover compensation for the losses they have endured. We understand that people who have been injured often have questions about premises liability law. Accordingly, we have compiled more information on our slip-and-fall injury page.

Source: Daniella Levi & Associates, P.C., “Queens slip-and-fall Injury Lawyers”, December 17, 2014

New York laws regarding negligence and premises liability

Negligence may be confusing to some people because of its broad definition. A negligent act occurs when a person causes indirect or direct harm or injury to another person. This could occur when a hotel does not warn its guests about freshly waxed floors or does not properly maintain railing along stairs.

An individual’s or business’s actions are also considered negligent if the individual was not prudent when the harmed or injured person was owed the obligation. For example, a shopkeeper might be held negligent if a customer slips on a spilled drink and breaks a wrist or sprains an ankle. The negligence could be attributed to the shopkeeper not cleaning the spill promptly or not indicating that the floor was slippery.

Businesses that do not act prudently when they are obligated may be held accountable under premises liability laws. However, contributory negligence might be determined on the part of an injured individual. Using the above example, the customer might have contributed to the injury suffered if the individual saw the spilled drink but walked through it anyway.

When injured individuals are also held accountable for contributory negligence, the damages that they might be entitled to are reduced according to the percentage for which they are responsible for the injuries suffered. For instance, if the spill in the above examples was properly indicated but had been on the floor for hours when the customer slipped on it because the customer was not paying attention, both the shopkeeper and customer may be deemed negligent.

The laws regarding negligence may change, so people who believe that they were injured because of another person’s or entity’s negligent acts might gain a better understanding of their rights and the compensation that they could be entitled to after researching the law. Injured individuals who do not feel comfortable conducting their own research could talk to premises liability lawyers about their specific circumstances before determining their best course of action to seek compensation.

Source: Findlaw, “New York Negligence Laws“, December 09, 2014

While playgrounds are commonplace throughout New York, data from the Centers for Disease Control and Prevention suggests that injuries at these locations are common. In fact, between 1990 and 2000, 147 children who were younger than 15 years old died due to injuries sustained at a playground.

About 56 percent of fatal playground injuries occurred due to strangulation. Another 20 percent of fatalities stem from falls onto the playground’s surface. Some common severe nonfatal injures injuries include concussions, amputations, fractures and internal injuries. These types make up approximately 45 percent of all playground injuries.

Data from 2001 suggests that while all children are at some risk of injury, certain groups may be more likely to suffer harm while using playgrounds. For example, young girls were more likely to become injured than young boys were. In addition, children from the ages of 5 to 9 were taken to emergency rooms after suffering a playground injury more often than any other age group.

While a majority of these types of accidents occur in public parks, many children are injured at home playgrounds. The cost of treating such injuries can be large. In 1995, the Office of Technology found that treatment for playground-related injuries in the same age group cost $1.2 billion. That cumulative figure suggests that the cost of treating an individual case may be prohibitive. However, such expenses may be covered by a personal injury lawsuit. If the child was injured due to the negligence of another party, that party may be liable for damages and might be named as a defendant in a civil action.

Source: CDC, “Playground Injuries: Fact Sheet“, December 04, 2014

Property owners’ responsibility for guest safety

In the state of New York, property owners have a legal obligation to maintain their premises and protect their guests from being injured by avoidable hazards. Based on their reason for visiting the property, guests are considered invitees, licensees or trespassers. Depending on which category of guest they are dealing with, property owners owe a certain degree of responsibility for the guest’s safety.

Property owners owe the highest level of care to invitees on their premises. An invitee on a property is a person who was invited to the property for a business reason. Invitees could be customers at a retail store, guests in a dining establishment or job applicants. In order to care for invitees properly, property owners are expected to correct known hazards on the property and also look for unknown hazards so that they can be corrected as well.

A property owner has less responsibility to care for a licensee who is using their premises. A licensee is someone who is using a property for personal reasons or for a social function. While a property owner must protect a licensee from known hazards on the property, the property owner does not have to inspect the property for unknown hazards. A trespasser on a property is in most cases not owed any level of care by the property owner.

Guests who have been injured by a hazard on a property may have a case for filing a premises liability claim. Some premises liability claims involve allegations of negligent maintenance by a property owner such as failing to clear an icy walkway or failing to properly light a parking lot. While determining whether to file, a prospective plaintiff might wish to seek help from an attorney in order to ensure that the property owner’s liability for the injuries is well-established.

Source: Findlaw, “Property Owners’ Legal Duty to Prevent Injury“, November 26, 2014

New York City law would increase tenants’ rights

A bill being presented by three New York City Council members is aiming to compel landlords to fix underlying conditions that cause problems like mold in apartment buildings. In January 2013, a law was passed that required landlords to fix underlying issues that resulted in mold on walls and ceilings. However, only 69 buildings have been targeted since the law passed, and lawmakers say that there are only enough resources to target about 50 buildings a year with underlying issues orders.

The new law would allow tenants to take their landlords to court to force them to make repairs. One of the lawmakers on the bill said that while the original law was a good start, he suspected that there were more than 50 apartment buildings with mold issues in a city with 3.5 million apartments.

In many cases, the landlords are merely given orders to bring apartments back to code. However, this typically results in landlords painting over the mold, which results in the mold reappearing. Water leaks are cited as the biggest cause of mold, and water can get into plaster and cause ceilings to collapse in addition to the mold growth. Despite the lack of underlying issues orders, a representative from the Urban Homesteading Assistance Board said that the city had good intentions by passing the original legislation.

Property owners are generally required to provide safe conditions for anyone on their property. This may include providing a living space for tenants that is free from mold that could cause health issues. If a landlord or property owner does not meet his or her obligations under the law, it may be worthwhile to talk to a premises liability attorney. An attorney may be able to help an individual pursue compensation for negligence as well as compensation for injuries that result from owner negligence.

Source: NY Daily News, “City Councilmen push bill to compel negligent landlords to make repairs“, Greg B. Smith, November 12, 2014

Burn, electrocution and explosion injury lawsuits in New York

New York is home to some of the world’s most ambitious construction projects, and New Yorkers are likely familiar with the sight of huge pieces of machinery being moved from one location to another. While jobs on these projects are often coveted, they can also be extremely hazardous. Those employed in construction or other forms of heavy industry are exposed to risks that workers in other fields do not face, and accidents involving fires, explosions or electricity cause some of the most serious injuries suffered by these workers.

If you have been injured in this kind of accident, you likely required intensive and painful medical treatment. You are probably also facing the prospect of prolonged physical therapy before you are able to return to work. If your injuries are severe, you may be forced to seek future work that is less physically demanding at lower rates of pay. You may also have suffered long term consequences such as the loss of a limb or other permanent disability.

While some workplace accidents are unavoidable, many others are caused by negligent actions. You may be able to pursue civil remedies if your employer did not provide a safe working environment because they did not follow mandated safety protocols or you were provided with substandard equipment or inadequate training. You could also file a lawsuit if oversight at the workplace was lax or required maintenance was not performed in a timely manner.

An Accident Attorney with experience in this area may be able to assess the case of an injured worker and advise them regarding their legal options. If you have been injured in a workplace accident and would like more information about pursuing a lawsuit, please visit our page dealing with injuries resulting from fire, explosions or electrocution.