What Type of Case Constitutes Premises Liability?

Did you know that, every year, emergency departments treat 1.5 million injured New Yorkers? Another 155,000 people sustain injuries severe enough to land them in the hospital. Worse, such incidents claim the lives of thousands of the state’s residents yearly.

Failure to practice safe driving habits is among the top causes of such injuries.

However, unsafe real estate property conditions can also cause harm. They can result in injuries to people who are on someone else’s property.

Sounds familiar? If so, consider speaking with a premises liability attorney immediately. They can help determine if you have a viable case against the property owner.

But what is premises liability in the first place? What types of cases fall under this branch of personal injury law, and how can a Bronx attorney help?

This comprehensive guide answers all those questions, so please read on. 

What Is Premises Liability?

Premises liability is a law establishing a property owner’s obligations to others. It also states what compensation people injured on someone else’s property can get monetary compensation.

An example of a law governing premises liability in New York is the Administrative Code §7-210 which became law in New York City in 2003. It imposes a duty on most owners to maintain the sidewalk abutting their property. Property owners must keep this area in a reasonably safe condition.

Failure to comply with Code §7-210 can lead to property owners being liable for injuries. Those injuries must have occurred on the ill-maintained sidewalk abutting the property. In this case, the owner’s failure to maintain the abutting sidewalk is a form of negligence.

All other New York premise liability laws are similar; they address unsafe conditions. If such conditions cause injury to someone else, then the property owner may be liable. Injured victims can then pursue the negligent party for compensation. 

What Type of Case Constitutes Premises Liability?

Slip and fall accidents are some of the most common cases that fall under premises liability. However, any other incident involving unsafe premises may result in a viable claim. These include construction accidents and fumigation hazards, along with ceilings falling, defective steps and any number of defective conditions that might exist on the property.

Slip and Fall Accidents

Falls are a leading cause of hospitalization and death in older adults in New York City. However, they can be just as dangerous or deadly to anyone who experiences them. For instance, they can cause lacerations, fractures, and traumatic brain injuries (TBIs).

A slip and fall accident can be grounds for a premises liability case if there’s a negligent factor.

Suppose you slipped and fell while inside a store. The floor was slippery because a shop employee just finished mopping it. However, there was no warning sign of such dangers, as the worker failed to put one up.

In that scenario, the store could be liable for failing to warn customers of the hazard.

The same applies to injury-causing incidents that occur due to ill-maintained sidewalks. They may be in such poor condition that they’re full of cracks and potholes. This makes them trip and fall hazards. 

Construction Site Accidents

A perfect example is a scaffolding accident that resulted from the structure collapsing. It could’ve collapsed due to design defects, poor construction, or lack of maintenance. Either way, it can cause broken bones, internal organ injuries, TBIs, and even death.

You may have a viable premises liability case if you get injured due to a collapsed scaffolding. This applies to whether you were working on it or just passing near the construction site. 

Fumigation Hazards

From January to March 2023 alone, New York City has had 7,900 right-sighting complaints. Many other pests, such as roaches, are also prevalent in NYC, including the Bronx. So, it’s no wonder many of the city’s property owners rely on fumigation.

Although effective, fumigation can lead to poisoning. This can occur when people inhale the pesticides used during the process.

That can happen to you if you enter a just-fumigated building. If the building owner has failed to tell you this, they can be liable for the harm you may experience. 

What Makes a Premises Liability Case Valid?

There are four elements required to pursue a premises liability case.

The first is a duty of care. This is a property owner’s duty to keep their “premises” in a reasonably safe condition.

The second element is a breach of duty. This is when a property owner violates their duty of care. An example is if they neglect their property so much that it deteriorates and becomes unsafe.

Next is causation, which requires that the negligent act is a cause-in-fact of harm. This means the victim wouldn’t have had injuries if not for the property’s poor condition.

The last element is damage, any harm sustained by a victim. These include the injuries themselves and the cost to treat them.

A premises liability case won’t be valid unless all four elements are present. 

How Can a Premises Liability Attorney Help?

A premises liability attorney can establish your case has all the required elements. To do this, they conduct in-depth investigations and thoroughly review evidence, including:

• Photos and videos of the accident scene and your injuries
• Your medical records
• Witness testimonies

Once an attorney establishes your case’s validity, they can tell you how much it’s worth. They’ll factor in all previous and potential expenses you may face. These may include medical and hospital costs, lost wages, and future treatment. 

An attorney can also help by handling all correspondences, including those with insurers. They’ll negotiate and ensure that any settlement offer made to you is fair and adequate.

Your Bronx attorney can also recommend filing a premise liability lawsuit. This is often what happens when insurance negotiations fall through. 

Speak to a Bronx Attorney Today

Remember: Injuries caused by unsafe premises can cause severe, long-term bodily damage. They can also affect a victim’s mental well-being and overall quality of life. Moreover, they can result in serious financial consequences.

So, if you or a loved one is a victim of someone else’s negligence, speak to a Bronx premises liability attorney ASAP.

Our team of legal experts at Stillman & Stillman, P.C. can fight for your rights while you rest and recover. Schedule your free consultation with our law firm now so we can begin reviewing your case.