Premises liability is a legal term that is typically utilized in personal injury cases where an injury has occurred on someone’s property due to hazardous conditions. In most instances, the injured person must prove that the property owner has exhibited some form of negligence. Negligence usually means that the owner of the property has not reasonably taken care of it or properly warned their guests of dangers. The occurrence of an injury on a property does not always mean that the property owner is at fault. The injured person(s) must prove that the owner of the property had the knowledge or should have known about unsafe conditions and neglected to repair them. Whether you are a property owner or a person that has been injured on a property, it is recommended that you connect with a top New York city attorney as soon as you can after an accident has occurred. Property owners should especially connect with a personal injury attorney to potentially thwart lawsuits before they occur.
Types of Premises Liability Cases
Premises liability cases can happen in a number of ways and on different types of properties. They can occur at private residences, restaurants, hospitals, apartment buildings, etc. Listed below are the most common types of premises liability cases.
- Pet attacks
- Slip and falls
- Accidents that occur on elevators and/or escalators
- Swimming pool injuries/accidents
- Lack of or ineffective on-premise security
- General maintenance issues that lead to an accident
- Defective equipment, furniture, etc.
- Improper lighting, leading to injury
- Injury caused by ice and/or snow that has not been removed
- Chemical leaks
Expectations of Property Owners
Every state has its own set of expectations for property owners. In most instances, property owners are required to reasonably maintain their properties. Their level of liability usually lies in the types of visitor that is on their property. Three types of visitors include invited persons, licensees, and trespassers. Invited persons can include family, friends, neighbors, etc. Those considered to be licensees are individuals that have the property owners permission to be on the premises but may not have a personal connection like contractors and salespeople. A trespasser is simply an unwanted/uninvited guest. The property owners level of responsibility will vary depending on the type of visitor and the state that they reside in. It is important to check local laws and connect with a personal injury attorney to get a better understanding of your local laws and what is expected of you.
Contacting a Personal Injury Attorney
If you are a property owner, it is recommended that you develop a strong relationship with a personal injury attorney before an accident occurs. They can help you to potentially prevent certain accidents as well as have a greater understanding of the responsibility that you owe your guests. Those injured and considering the pursuit of legal action should contact a personal injury attorney quickly after the accident/injury has occurred. In many states, the legal system gives credence to the “comparative fault” system which means that both parties can share some fault. Landlords and business owners are typically held to a higher standard than others. Whether you are the injured party or someone has been recently injured on your property, it is important to lean on the expertise of a personal injury attorney.