All You Need To Know About Premises Liability
Premises liability is a legal concept used when an individual experiences a personal injury as a result of defective or unsafe conditions on another person’s property. The majority of personal injury cases are based on negligence and for a person to win premises liability, the injured party must prove that the property owner was negligent. A negligent property owner refers to an individual who fails to use reasonable care to maintain their property; thereby, placing a staff member or visitor at risk of injury.
Many people feel they are entitled to compensation when experiencing a personal injury, but this is not the case. It is vital to note that because you are injured on a person’s property, it does not mean that the property owner is considered negligent. Moreover, merely having the property being in an unsafe condition does not place the property owner in a position of liability. To show to property owner is liable, you must prove that he or she knew of the unsafe condition and failed to repair the situation.
Contact The Law Offices of Elan Wurtzel by calling (516) 822-7866 today.
What Are The Different Types Of Premises Liability?
There are various kinds of premises liability situations and these can include the following:
• slip and fall accidents
• snow and ice accidents
• water leaks and flooding-related injury
• toxic fumes and chemical-related injury
• improper maintenance of the property
• defective or unsafe conditions on the property
• swimming pool-related accidents
• fire-related accidents
• defective stairways, steps and entrances
• elevator or escalator-related accidents
• unsuitable property security resulting in assault or injury
As can be seen, premises liability cases cover a plethora of different accident scenarios.
What Is The Property Owner’s Duty Of Care?
The property owner’s duty of care will depend on the state, but the average rule-of-thumb is that the property owner owes a duty of reasonable care in owning and maintaining property. Certain states apply an old-fashioned rule regarding duty of care which restricts the property owner’s obligations based on the status of the visiting party. In Long Island, New York owners must reasonably care for their property under the circumstances regardless of the “status” of the person who is injured while on the property. property. A duty of care is owed to the invitee and the owner needs to maintain a reasonably safe environment. Contact The Law Offices of Elan Wurtzel by calling (516) 822-7866 today.