The Perecman Firm

New York Premises Liability Lawyer

Property owners have to maintain their properties in a way that does not create a danger to the public, especially when the property owner invites guests. When a person or company owns or rents a property and fails to maintain it properly, anyone hurt on the property could potentially file a personal injury lawsuit to obtain compensation for losses.

Claims based on injuries on property are governed under premises liability laws in New York. These laws determine what duties a property owner has and what an injured victim must prove to obtain compensation for injuries caused by dangerous conditions. A New York premises liability lawyer at The Perecman Firm will help injured victims understand the laws on compensation and take legal action to obtain monetary damages.

Understanding Premises Liability Law in New York

In order for an injured victim to take legal action under New York premises liability laws, the property owner (or renter) must have owed the victim a legal duty and must have fallen short and breached that duty.

Premises liability laws set different legal obligations for property owners based on how the property is used and when and why visitors come. For example:

  • If a property is open to customers who come to do business with the owner/renter, then the customers are classified as “invitees.” Property owners owe invitees the highest duty of care and need to regularly inspect the premises to identify risks. If there are dangers on the property, they must be corrected or patrons must be warned about them.

  • If a property owner invites friends, causal guests or acquaintances onto the property, then these visitors are classified as “licensees.” Owners do not have an obligation to inspect their property for hazards before having friends over. However, they do need to correct any dangers they know about or reasonably should know about. If a risk or hazard is not corrected, visitors need to be warned about it.

  • If there are trespassers on the property, the property owners still owe them a very limited duty of care. Property owners cannot set traps for trespassers and may even have to warn trespassers they know are there if any serious risks or dangers exist. If a property owner has a swimming pool or other items that might attract kids into the area (called “attractive nuisances”) then the yard must be secured to prevent trespass.

Determining the obligation of the property owner is the first step in a premises liability claim. Once this has been established, the injured victim can obtain monetary compensation from the property owner by showing that the owner failed to live up to his obligation.

Types of Premises Liability Claims

There are many kinds of premises liability cases that can lead to legal action. For example, some claims that would be governed under premises liability in New York include

  • Slip and fall accidents

  • Negligent security cases

  • Injuries due to overcrowded or dangerous aisles

  • Damage caused by falling boxes

  • Injury caused by a cracked or broken sidewalk

In any situation where you are at someone’s home or in a public space or store and you get hurt because of a dangerous condition or hazard, you could potentially make a claim under New York premises liability law.

Contact a New York Premises Liability Attorney

At The Perecman Firm, our award-winning injury attorneys have been representing injured victims since 1979. We are here and ready to help you if you have been hurt on someone’s property. Contact us today to learn more about how we can assist you in pursuing your case and getting the compensation you deserve.