Albany Premises Liability
Premises liability is a legal concept that comes into play in certain personal injury cases. Property owners and occupiers may be held liable for injuries to visitors caused by hazardous conditions existing on a property due to negligence. If you have been hurt on someone else’s property, commercial or private, you may have a premises liability claim for compensation.
What Types of Accidents Lead to Premises Liability Claims in Albany?
Visitors to a property can be hurt in any number of ways. Incidents that commonly give rise to premises liability claims include:
- Slip or trip and falls: Slippery floors, loose carpeting, uneven flooring, snow and ice on walkways, and other slipping or tripping hazards can cause visitors to fall and suffer serious injuries.
- Falls down the stairs: Stairway accidents can be caused by broken stairsteps, tilted stairsteps, uneven stair heights or widths, loose or missing handrails, ripped or loose carpeting, loose boards, or slippery treads.
- Falling merchandise injuries: Retail stores, grocery stores, and other commercial establishments often place products high on shelves. Customers may suffer serious injuries from falling merchandise when products are improperly stacked or stacked too high.
- Elevator and escalator accidents: To remain safe, elevators and escalators must be routinely inspected and maintained. Property owners or operators who fail to do so put visitors at risk. Elevator and escalator accidents cause approximately 30 fatalities and 17,000 serious injuries in the U.S. every year, as reported by the Center to Protect Workers’ Rights (CPWR).
- Negligent security incidents: Property owners in New York have a duty to take reasonable precautions to protect visitors from foreseeable harm, including harm caused by criminal conduct of third parties. Inadequate security puts patrons or visitors at risk of becoming victims of assault and other crimes.
- Dog attacks: Approximately 4.5 million dog bites occur in the U.S. every year. Pet owners in New York are strictly liable for medical expenses related to injuries caused by their animals. They may be held liable for other damages as well, provided negligence can be established.
What Must You Prove In a New York Premises Liability Claim?
In a premises liability lawsuit, the injured party has the burden of proof. You must show that you suffered harm because of the property owner’s negligence. Negligence is established by showing that the property owner had a legal duty of care and breached that duty, which resulted in your injuries and financial damages. You must prove your claim by a preponderance of the evidence, meaning there is a greater than 50% chance that your claim is true.
To prevail in a premises liability claim, you must prove the following elements:
- The defendant was the owner or possessor of the property.
- You were lawfully on the property.
- Hazardous conditions existed on the property.
- The property owner was negligent in dealing with the dangerous conditions and failed to take reasonable steps to prevent or correct the problem, or to warn visitors of the potential hazard.
- The property owner’s negligence caused your injuries.
- You suffered harm and damages as a result.
Do You Need an Attorney for a Premises Liability Claim in Albany?
Premises liability laws in New York are complex and a claim can be difficult to prove. If you have been seriously injured on someone else’s property, it is in your best interests to speak with an experienced premises liability lawyer as soon as possible.
At Russell Friedman Law Group, we stand up for people who have been injured through the negligence of others. Contact us at (518) 520-4667 to schedule a free consultation. We can tell you if you have a premises liability case and what damages you may be entitled to claim.
We’re a client-centered, results-oriented firm. When you work with us, you can have confidence we’ll put your best interests at the forefront of your case – it’s that simple.
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