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What is Premises Liability?

premises liability

If you were hurt on someone else’s property, you might be wondering if they can be held accountable for the damages you incurred. Premises liability is the legal concept that holds an owner responsible for injuries sustained by another due to negligence or carelessness in maintaining their property. Critically, a plaintiff in a premises liability lawsuit may be entitled to recover their losses if they can show an owner failed to use reasonable care in keeping the property in a safe condition.

Types of Premises Liability Cases

Premises liability covers a broad range of accidents that can occur on someone else’s property. While slip or trip and falls are some of the most common types of premises liability cases, an owner, landlord, or property manager may also be held responsible for accidents arising from inadequate security, lack of maintenance, and other dangerous conditions.

Common types of premises liability cases include:

  • Snow and ice slip and falls
  • Escalator and elevator accidents
  • Sidewalk trip and falls
  • Dog bites
  • Swimming pool accidents
  • Accidents at amusement parks
  • Stairwell accidents
  • Ceiling collapses

Importantly, claims can arise as a result of accidents that have occurred on both residential and commercial properties. Liability can attach for injuries suffered by guests in private homes — and by licensees in office buildings, shopping centers, gyms, apartment complexes, parking lots, hospitals, supermarkets, restaurants, and various other locations.  

What is a Property Owner’s Duty of Care?

Every property owner has a duty of care to those who may enter their premises. Under New York law, an owner is required to use reasonable care under the circumstances. Specifically, they must ensure the property is kept in a reasonably safe condition and remedy any defects that they know — or should have known — about.

To prevail in a personal injury lawsuit brought under the theory of premises liability, a plaintiff must demonstrate that the owner had actual or constructive notice of the hazardous condition that caused them to suffer injuries. If they fail to timely repair it or warn about the danger, they could be held liable for any damages that arise as a result.  

Damages in a Premises Liability Case   

If you were injured on someone else’s property due to their negligence, you may be eligible to recover various damages. By filing a personal injury lawsuit, you may be entitled to an award for your economic and non-economic losses. Economic damages include pecuniary losses such as medical expenses, lost wages, and out-of-pocket costs incurred in connection with the accident. Non-economic damages are meant to cover the pain and suffering you experienced in connection with your injuries.    

Contact an Experienced New York Personal Injury Attorney

In the event that you were injured on someone else’s property due to their negligence or carelessness, it’s critical to hold the owner or other responsible party accountable. A knowledgeable personal injury attorney can assess your claim and advise you regarding your legal rights. The Dearie Law Firm, P.C. has been providing skillful representation and high-quality legal services to clients in premises liability cases for more than 30 years — and obtaining favorable outcomes in their cases.

The Dearie Law Firm, P.C. has convenient office locations in Manhattan, Brooklyn, and the Bronx, as well as mobile locations serving Brooklyn, Queens, Manhattan, the Bronx, Staten Island, Westchester, Rockland County, Nassau County, and Suffolk County. Contact us today for a free consultation.