Call us nowor use the form below.Frequently Asked Questions about Premises LiabilityQ: What is premises liability? A: Premises liability is the area of the law that establishes guidelines regarding duties that a property owner or occupier has to protect entrants from dangerous conditions or defects on the property. Premise liability claims are generally brought under a negligence theory. To establish negligence, an injured plaintiff must establish the existence of a duty by the defendant to conform to a specific standard of conduct; breach of that duty by the defendant; that this breach was the actual and proximate cause of the plaintiff's injury; and that the plaintiff was injured. Q: What is a licensee? A: Under common law principles, a licensee is a person who enters the premises with the landowner's express or implied permission for his or her own purposes rather than for the landowner's benefit. A social guest is considered a licensee. A property owner or occupier has a duty to warn licensees of dangerous conditions on the property that create an unreasonable risk of harm if the property owner or occupier knows about the condition and it is not likely to be discovered by the licensee. |
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The term "premises liability" refers to a situation where an individual is injured on property, or "premises" owned or maintained by someone else. |
New York Premises Liability Information
When helping clients with claims for “slip and fall accidents ” and other accidents caused by poorly maintained property, White Plains personal injury attorney Daniel A. Kalish looks for evidence that the property owners knew, or should have known, of the hazard.
Do not miss the deadline for filing your claim. If you have been injured in a slip / trip and fall accident, contact our New York law firm. We will arrange a free consultation with Mr. Kalish.
Premises Liability - An Overview
Every year, many people are hurt while in someone else's home or place of business. People may be injured on a flight of stairs, on a patch of ice or snow, by a building defect, or by the intentional, criminal act of a third party. Premises liability is the area of the law that establishes guidelines regarding duties that a property owner or occupier has to protect entrants from dangerous conditions or defects on the property. Generally, the law provides that property owners must keep their premises reasonably safe for people who are on the property. If you have been injured while on property belonging to someone else, it is essential that you seek legal advice as soon as possible from an experienced personal injury attorney.
Keeping the Premises Safe
A property owner or a person in possession of property has a legal responsibility for the safety of the premises. These responsibilities vary from state to state, and they vary based on how the entrant to the property is classified. An experienced attorney can advise you regarding the applicable duties of the property owner.
Toxic Substances on the Property
Toxic substances may include numerous things, including some you may not think of as particularly hazardous or some that were not regarded as dangerous when they were used. Examples include such common products as asbestos shingles or insulation, lead-based paint, mold and fluids drained from motor vehicles. The law regarding premises liability for toxic substances is complex and to ensure that you receive the most accurate and current advice, you should consult with an experienced attorney.
Criminal Acts by Third Parties
A common type of premise liability case arises where a person is injured by the intentional, criminal acts of a third party while on another's property. Generally, a landowner does not have a duty to protect people on his or her property from criminal acts by third persons, absent a special relationship. A commercial property owner is not an insurer of the safety of the customers entering the space, and has no duty to protect against unforeseeable criminal actions. If you were injured after a criminal attack by a third party while on the property of another, an experienced premises liability attorney can explain your legal options.
Liability of Tenants and Landlords
There are situations in which it might be advisable to include both a tenant and landlord as defendants in a premises liability suit. For example, if you are injured in a store, but the store owner is a tenant and the shopping center is actually owned by a separate landlord. Another example is if you are injured while visiting a friend's apartment. Generally, a landlord owes tenants a duty to use reasonable care and a duty to tenants and visitors to keep the premises in a reasonably safe condition. If you have questions about the potential liability of a landlord or tenant, contact an experienced premises liability attorney.
Duties Owed By Property Owners and Occupiers
In many states, property owners and possessors owe different degrees of responsibility, or duties, to people who come onto their property, depending on how such people are categorized. The law recognizes three main categories of people who might be on someone else's property: invitees, licensees and trespassers. In states that still distinguish among these categories of people, the legal duty owed by the property owner or occupier to each category is different. It is important to speak to an experienced premises liability attorney about whether your classification as an entrant will affect your ability to recover for your injuries.
Premises Liability Resource Links
Bureau of Labor Statistics
Centers for Disease Control (CDC) Health Topic: Injury and Violence
MedlinePlus
National Safety Council
National Institute for Occupational Safety and Health
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Our personal injury law firm serves residents of New York’s 5 boroughs (Manhattan, Brooklyn, Queens, the Bronx, and Staten Island), Westchester, Rockland, Orange, Yonkers, Mount Vernon, Peekskill, Dutchess, Putnam, and White Plains. We also handle claims and lawsuits for New York residents who were injured in another state.
We charge no attorneys’ fees unless you recover damages.
