The law imposes certain obligations on owners or occupiers of property to protect customers or invited guests. Both residential and commercial property owners must maintain their property in a safe way, although specific obligations differ depending upon the property’s use.
When a property owner or occupier fails to fulfill safety obligations, those who are harmed can pursue legal action to obtain compensation. A body of law called premises liability law determines if a property owner or occupier is to blame for injuries. Premises liability laws differ from state to state, with some jurisdictions providing greater protection for guests.
The Law Offices of Adam M. Thompson, P.C. represents clients injured in accidents on property, including slip and falls; dog bites and damage resulting from negligent security. Call us today to learn how experienced New York City premises liability lawyer Adam Thompson can help you obtain the compensation you deserve.
Do I Have a Premises Liability Case?
A property owner or occupier/renter responsible for maintaining a property may be liable for injuries if a legal obligation or legal duty was breached. It is up to the victim injured on the property to prove the owner or renter should be held responsible for losses.
Victims may make a successful premises liability claim if they can demonstrate:
- The property owner had a duty to maintain the property in a manner that prevented injury. The specific obligations of a property owner depend upon who comes to the property. Customers at commercial establishments are called invitees and owner/occupiers must inspect commercial premises regularly and either correct hazardous conditions or warn guests about risks. Residential property owners also have a duty to either correct hazards or warn invited friends (called licensees) about risks, but only if the property owner reasonably should know about the hazard. Owners even have limited obligations to trespassers: they cannot set traps and must warn known trespassers about serious dangers.
- The property owner failed to live up to his legal duty. The property owner was negligent or careless in either correcting hazards or warning guests.
- Injury occurred as a direct result of the property owner’s failure. If you caused your own injury, you cannot obtain compensation. However, comparative negligence rules in New York allow you to recover partial compensation even if your own carelessness contributed to an accident. If the property owner was even one percent responsible for the harm you experienced, you can recover one percent of your damages in New York. In New Jersey, on the other hand, you can make a claim for compensation only if the property owner was at least 51 percent to blame. You will again have a percentage of your total losses covered based on how negligent the property owner was.
- You suffered harm due to the property owner or occupier’s failure. You should be compensated for medical costs; lost income; pain and suffering; emotional distress or the wrongful death of a loved one.
There are many different situations in which plaintiffs may be injured on property and can successfully make a premises liability claim. For example, victims may pursue a case to obtain compensation as a result of:
- A slip, trip, or fall
- Dog bites
- Asbestos exposure
- Inadequate security
- Poorly lit staircases, hallways or parkways
- Iced entrances to property
The Law Offices of Adam M. Thompson, P.C. can help you determine if you have a claim and can assist in obtaining evidence to make your case.
Getting Help from a New York City Premises Liability Lawyer
New York City premises liability lawyer Adam Thompson has decades of experience representing injured clients throughout New York State and New Jersey. Call today or use our online contact form to claim your consultation and learn how the Law Offices of Adam M. Thompson, P.C. can help you.