Each year, thousands of individuals are injured or killed due to accidents that occur on someone else’s property. The field of law that deals with these accidents is known as “premises liability,” and it provides those injured or the representatives of those killed with legal recourse to recover compensation.
If you have been injured while visiting, working or even trespassing on someone else’s property in New York, our premises liability attorneys can help you understand your rights and even assist in filing a claim to acquire damages.
The Range of Premises Liability
Although some accidents may be more common than others, premises liability accidents are not limited to one type of incident. Common types of accidents that may lead to premises liability claims may include:
- slips, trips and falls (falls account for 8.9 million visits to the emergency department each year, according to the National Safety Council);
- dog bites;
- drowning and near-drowning incidents;
- fires or explosions;
- rape or other sexual assault due to negligent security on the property;
- injuries sustained from falling objects or from parts of the building that may collapse; and
- defective or malfunctioning amusement park rides.
Who can recover compensation for injuries?
In order to recover compensation for injuries, it is necessary to demonstrate that the property owner owed the injured party a duty of care and that the property owner subsequently breached that duty of care, which ultimately led to the injury. Furthermore, the status of the injured party will dictate ability to recover damages. For example, somebody who enters the property to conduct business to benefit the landowner is an invitee. The property owner owes this person a duty of care, so he or she actively must warn of dangerous premises and repair them immediately. Social guests and others invited or given permission to be on the property are licensees and are owed a high duty of care.
In the case of trespassing, a property owner may still be responsible for any injuries that occurred on the premises if the owner knew about the trespasser, yet failed to warn of the dangers. Property owners also generally owe a higher duty of care to children who trespass on their premises, especially if related to an attractive nuisance, like an unsecured swimming pool.
Enlist the Help of a Premises Liability Lawyer
Depending on the circumstances of the accident as well as the parties involved, a premises liability case can become extremely complex and may deter some accident victims from acting immediately. It is important to remember that Section 214 of the New York Civil Practice Law and Rules lists the statute of limitations for personal injury cases at three years, after which an injured party is barred from initiating a lawsuit.
If you or someone you love has been injured or killed on someone else’s property, you may have a case of premises liability. The attorneys in New York at Gacovino, Lake & Associates, P.C. can help. We can work to hold the liable party responsible for your accident and help you recover damages owed to you. You can reach us today by calling 800-550-0000.