New York premises liability cases occur when a visitor to an individual’s property suffers bodily injury or harm from a property defect.
Defects related to the construction, design or condition of the property ranging from—but not limited to—uneven walking surfaces to poorly-maintained staircases can hold a property owner liable in New York premises liability law for any injuries visitors have while on the property. Whether or not a guest has a possible New York premises liability case depends on why the visitor was on the property owner’s premises, whether the guest’s injury was foreseeable to the property owner, whether the property owner made a reasonable attempt to repair a dangerous property defect or to warn visitors about that defect, and how the owner uses the property. While it is important to consult with a New York premises liability lawyer to rule out all possible legal complications, a property owner can generally be found liable if:
- The property owner had knowledge of a dangerous condition or potential harm
- The owner failed to take reasonable steps to fix that condition or warn visitors about that potential harm.
- The visitor suffers an injury as a result of the condition or harm.
However, there are certain situations where a property owner can be excused from liability in NYC premises liability claims. In New York, property owners can be excused from having a duty to warn guests about potential New York premises liability issues if the owner allows guests to use his or her property for specific high-risk activities. For example, if an owner allows guests to do activities such as—but not limited to—canoeing, boating, horseback riding, snowmobiling, hang gliding, bicycle riding, or even spelunking, a New York property owner may not be found liable under a New York premises liability claim. Additionally, although trespassers are generally not owed a duty of care, a property owner can be held liable under a New York premises liability claim if the owner is aware of the trespasser’s presence on the property and acquiesces to his or her presence. A property owner can also be found liable in New York premises liability cases if the trespasser is a child, and that child suffers injuries from property features that could attract the attention and curiosity of children, such as an unfenced pool. Because various legal complications often accompany premises liability cases, it is crucial to consult with the experienced New York premises liability lawyers at Ronemus & Vilensky to determine whether you have a possible New York premises liability claim.
About New York Slip and Fall Cases and Claims
New York slip and fall accidents are a specific type of premises liability accident that deal with accidents that addresses injuries guests suffer when they slip and fall on private or government-owned property. New York slip and fall cases often occur on poorly-maintained property, and private property owners or government bodies can be held liable depending on whether the accident occurred on public or private property, and if the the individual or government body responsible for maintaining the property either neglected its duty to do so or failed to reasonably warn guests about any and all possible dangers. According to the Occupational Safety & Health Administration, slips, trips and falls account for 15 percent of all accidental deaths—second only to motor vehicles—as a cause of fatality. NYC slip, trip and fall accidents are of such a major concern in NYC that New York slip and fall accidents that occurred on city-maintained portions of sidewalks reached $32 million in the 2011 fiscal year. Because of the liability issues that can come up in New York slip and fall cases—particularly in situations where the accident occurs on the border of two adjacent properties or when the victim’s injuries were caused by a danger that may or may not have been foreseeable given the circumstances—it is important to contact the New York slip and fall lawyers of Ronemus & Vilensky to determine whether you have a possible New York slip and fall claim.
How Our Premises Liability and Slip and Fall Lawyers Can Help
As stated above, when it comes to New York premises liability cases and New York slip and fall accidents, it can become tricky to establish a party’s liability depending on the circumstances of the accident. If you or someone you know sustained serious injuries resulting from a recent New York premises liability accident or New York slip trip and fall accident, click here to contact the experienced and compassionate New York premises liability lawyers and New York slip and fall lawyers at Ronemus and Vilensky. Our NYC premises liability lawyers are very experienced in the area of New York premises liability law, and recently helped a NY premises liability client win a $9.9 million jury award stemming from injuries she sustained at a Brooklyn-area Costco store. If we find that you do have a possible NY premises liability claim or NY slip trip and fall claim, our NYC car accident lawyers will also help develop a legal strategy that will help you get the compensation you deserve.
Contact Ronemus & Vilensky today to set up an initial consultation with one of our experienced New York premises liability lawyers and NYC slip and fall lawyers, and let us help you take the first step toward determining whether you have a possible New York premises liability claim or New York slip and fall claim.