Category: Premises Liability

Responsibility concerning premises liability

Some New Yorkers may wonder what premises liability encompasses. Basically, it says that property owners and renters have a responsibility to keep their property safe for individuals to enter. If they do not, they may be considered negligent and held liable. While there are many variations of the law based partly on state specific statutes, there are certain aspects commonly held.

In order to apply the tenets of premises liability, several things must occur. There must be some form of negligence. The visitor must be what is described as an invitee or a licensee, and the person who may be liable must have ownership or resident status.

The individual who visits the property is labeled according to their reason for being there. An invitee has an invitation to enter the property, and a common example is a store customer. A licensee is on the property either for their own purposes or as a social guest. Trespassers are persons who have no right to be on the property. Neither licensees nor trespassers have the right to assume that care was taken to keep the property safe. The owner or occupant has the duty to warn of danger on the property particularly if children are involved.

Sometimes both the visitor and the owner are at fault. This is comparative fault or negligence. Both parties share in the burden since the visitor has a duty to himself to stay safe. This means that if the plaintiff did not exercise appropriate caution, the extent of their negligence will be subtracted from the amount of damages.

An attorney may provide insight and guidance to an individual involved in premises liability. By understanding their rights and proceeding accordingly, the individual may be able to seek compensation for injuries they may have suffered due to negligence.

Source: Findlaw, “Premises Liability: Who Is Responsible?“, September 04, 2014

Statistics and other information about slip-and-fall accidents

Did you know that slips, trips and falls were responsible for more than 25,000 deaths in 2009? The older that someone gets, the higher the chance for an injurious slip-and-fall accident. In fact, for those 65 and over, there is a fatality rate that is four times greater than for those in other age groups.

While a slip, trip and fall accident can occur in any location, there are some places where these accidents are more common. These include:

• Stairs
• Ladders
• Doorways
• Ramps
• Uneven surfaces
• Hallways with clutter
• High traffic areas

These include both residential and commercial properties. When someone suffers an injury because the property owner did not address unsafe issues that may lead to a slip, trip or fall, the owner may be held responsible for the injured party’s medical expenses, lost wages, pain and suffering and other damages.

Here are some tips to prevent slip-and-fall injuries in your home:

• Keep phone and electrical cords out of the way of foot traffic.
• Make sure any spill is cleaned up as soon as possible.
• Repair damage to walkways and steps as soon as possible.
• Keep stairs, hallways and other walkways free from clutter.

Falls are the number one cause of unintentional deaths in communities and homes. It’s important to prevent such occurrences on your own property, but property owners who do not do what is legally required to keep visitors, employees or customers safe can be held liable. An experienced premises liability attorney can provide more information on seeking compensation for your injuries.

Source: National Safety Council, “Slips, Trips and Falls,” Accessed on Aug. 12, 2014

Negligent maintenance in a premises liability lawsuit

A number of injuries can occur when a property owner does not take care of the building or surrounding property. Some of these injuries can even lead to fatalities in the worst of incidents. Property owners — from individuals to government entities — are required to keep their buildings and lands safe for tenants, customers, visitors and in some cases, even for those who are on the property illegally.

We understand how difficult it can be to cope with an injury caused by someone’s negligence. When an injury or death occurs because of negligent maintenance, the property owner, management company or others could be held liable in a premises liability lawsuit. Some examples of negligent maintenance include:

— Steps that have uneven heights

— Walking surfaces that are wet or otherwise slippery

— Inadequate lighting

— Handrails or railings that are loose or non-existent

— Tiles that are broken

— Carpeting that is torn or worn

Even a fall down one step can lead to serious injuries, including those to the back, neck, hands and feet. Whether you have tripped and fallen because a box was sticking out in a grocery store aisle or taken a tumble down a flight of stairs because of a broken step, you may be able to seek compensation for your pain and suffering, lost wages, medical expenses and more.

Property owners have a responsibility to keep properties safe and free of hazards. When negligent maintenance results in personal injury, holding the property owner responsible may get you the compensation you deserve while also serving to protect others from similar accidents. You can learn more about these and other personal injury cases on our webpage.

Source: Daniella Levi & Associates, P.C, “Queens Stairwell Fall Accident Lawyers” Aug. 23, 2014

Can you sue for damages if you are injured at a college party?

With colleges and universities opening their doors once again for the fall semester, many students will be attending college house parties. Some of these students will be 21 and old enough to legally consume alcoholic beverages; however, there will be others who are not. What happens, though, when someone is injured at one of these parties? Who can be held responsible for medical bills and other damages?

Injuries suffered at such parties generally fall under personal injury cases. An injury might occur when someone slips and falls down a staircase where a beer has been spilled or a balcony that collapses under the weight of too many people on it. There can also be injuries suffered because of someone’s negligence, such as when someone underage drinks dangerous amounts of alcohol.

Who can be held liable for such injuries?

There could be several people who could be held responsible or it may only be one person. The host of the party could be held accountable, as could the property owner. If the party occurred on property owned by the college or university, these entities could be held liable. If the college or university is a public school, there are special rules that govern lawsuits against the government.

What damages may be sought in a personal injury case?

An injured party may sue for claims of medical expenses, emotional distress, pain and suffering and other damages and losses. There are time limits in place that limit how long an injured party has to file a personal injury claim. These time limits are called statutes of limitations and can vary from state to state.

Because there are so many variables when it comes to personal injury lawsuits, it’s best to consider the advice of an experienced premises liability attorney who can guide you through the process of pursuing compensation.

Source: FindLaw, “Injured at College House Party? Can You Sue?” Daniel Taylor, Esq., Aug. 14, 2014

In March, an explosion in East Harlem killed eight people and completely destroyed two buildings. An investigation into the cause of the explosion is still ongoing by the National Transportation Safety Board, but a state inquiry by regulators has revealed inadequate training for many of the Consolidated Edison workers.

Con Edison is responsible for the installation and maintenance of the natural gas lines that are under the streets in New York City. The plastic pipes that carry the natural gas is supposed to be less likely to leak than the older iron pipes. Some of the iron pipes can be more than a century old.

When the new portions of pipe were installed, Con Edison employees were apparently not complying with safety regulations when it came to connecting the plastic pipe sections. In addition, the company has admitted that over 300 of the 525 people that were trained on the task have had their qualifications lapse. Con Edison retested the employees and more than 60 of them did not pass the test.

The NTSB has reported that there was a gas main link at the explosion site. In addition, a water main was also broken. The Public Service Commission has said that there was no connection between the explosion and the lapse in certification by Con Edison’s employees. Con Edison also said that the training and testing procedures, while flawed, did not contribute or cause the explosion.

While there has not been a final report issued by the NTSB in this case, in explosions such as these, if a person or company is found to be responsible for the explosion, they may be held accountable for the deaths and injuries that resulted. Victims of explosions and the families of those who perished may be able to pursue compensation for many civil claims.

Source: The New York Times, “Inquiry Into Fatal Explosion Reveals Lapses in Con Ed Workers’ Qualifications” Patrick McGeehan, Jul. 31, 2014

Explosion on hot air balloon injures 5

When most people hear of a fire or explosion, a hot air balloon is likely not the first thing that comes to mind. However, for six people in a hot air balloon over New York’s neighboring state of Massachusetts, an explosion caused by a collision into power lines is something they likely won’t forget.

The accident, which was caught on video by several witnesses, is terrifying to watch. Many onlookers noticed that the balloon appeared very low in the sky. As the balloon descended, it struck power lines, causing a massive light burst and a loud buzzing noise. In at least one video, a man can be heard screaming for people to move and get out of the way.

According to rescue workers, including police and fire personnel, there were six people on the balloon when it struck the power lines. Five of the victims suffered burn injuries as a result of the explosion; however, there was no word released on how the victims were doing.

Currently, the hot air balloon accident is under investigation, and according to reports, no one has been charged in connection with the incident.

Those who were injured in the accident have a right to seek compensation for many civil claims. Those claims might include medical bills, disfigurement, scarring, pain and suffering and lost wages. Because burn injuries have such a high propensity for infections, the victims could undergo long and intensive medical treatments. The financial compensation from a successful civil case can go a long way in helping with a victim’s financial recovery from such an accident.

Source: NY Daily News, “SEE IT: Hot air balloon in Massachusetts crashes into power lines, causes explosion” Joel Landau, Jul. 20, 2014