Binghamton Premises Liability
Property owners in Binghamton and the state of New York have a duty to maintain their premises in a reasonably safe condition for lawful visitors. When they fail to do so and an injury results, it can give rise to a premises liability claim for compensation. The burden of proof in such a claim is on the injured party.
What Types of Accidents Fall Under Premises Liability?
Premises liability claims arise from more than slip and fall accidents. People can be hurt on someone else’s property in many different ways. Injuries for which a property owner may be held liable can be caused by:
- Elevator accidents
- Escalator accidents
- Swimming pool accidents
- Dog bites
- Negligent security resulting in criminal acts against a visitor
- Falling merchandise in stores
- Fallen tree limbs
- Ceiling collapses
- Balcony collapses
- Scaffolding collapses
- Broken or defective stairways
- Faulty wiring that causes electrocution
- Building fires due to inadequate fire prevention
- Toxic substance exposure
- Slip or trip and fall hazards, such as snow and ice, uneven sidewalks, loose carpeting, and slippery floors
What Is a Property Owner’s Duty of Care?
Owners or occupiers of properties in Binghamton have a duty to maintain the premises in a reasonably safe condition and to prevent foreseeable harm to visitors. This includes a responsibility to inspect the property to discover any hazards, and to correct or warn of any potentially dangerous condition that is not obvious to reasonable observers.
Does the Visitor’s Status Affect the Duty of Care?
In the past, like many states, New York classified visitors on a property in three different categories, and a property owner’s duty of care depended on the status of the visitor. Those categories were:
- Invitees: Persons invited onto the property by the landowner, such as customers, friends, or family members
- Licensees: Persons allowed to be on the property but not necessarily invited, such as door-to-door salespeople
- Trespassers: Persons with no legal right to enter the property
Since 1976, however, New York no longer uses these visitor classifications in the context of premises liability. Instead, it measures a property owner’s duty of care by the foreseeability of a visitor on the property.
What Are the Elements of a New York Premises Liability Case?
When a property owner or manager knowingly neglects or fails to correct safety hazards on a premises, people injured as a result have a right to seek compensation. To prevail in a premises liability claim, you must show that the following elements exist in your case:
- The defendant was in control of the property: This could be the owner or another party that was leasing or operating the property at the time the injury occurred.
- The defendant breached its duty to ensure the property was safe for visitors: You must demonstrate that the defendant was negligent in some way.
- This breach of duty led to the hazard that caused your injuries.
- You sustained an injury as a direct result of the hazard: It is not enough to show that a hazardous condition existed. You must have actually been injured as a direct result.
- The defendant’s negligence caused your injury: You must show that the defendant’s negligence directly contributed to your injury – not simply that a hazard existed.
Contact Our Firm for Help
After a serious accident on someone else’s property, your best chance of recovering full compensation for your injuries is to have an experienced premises liability attorney handling your claim. Our personal injury lawyers at the Russell Friedman Law Group have extensive experience and a proven record of results. We are a client-centered, results-oriented firm, committed to obtaining justice for our clients.
Contact us at (607) 600-2748 to schedule a free consultation. We can tell you if you have a valid premises liability case and what damages you may be entitled to claim.
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Bruce M. Klein
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