On behalf of Smiley & Smiley, LLP posted in Premises Liability on Friday, January 16, 2015.
Premises liability is something that can come up in a wide variety of settings and can involve some rather serious injuries. Those who suffer serious injury or loss because of the negligence of a homeowner or business owner, of course, have the right to recover damages for medical costs and other losses.
Obtaining damages based on premises liability, though, is not an automatic occurrence. A plaintiff must be able to show several things: (a) that he or she was legally entitled to be on the property at the time of the incident, or, if trespassing was involved, that the owner was aware the plaintiff was trespassing on the property and acquiesced to it; (b) that the owner failed to take reasonable steps to address an unsafe condition about which he or she knew or should have known; and (c) that there was a causal connection between the owner’s negligence and the plaintiff’s injury.
As implied above, those who trespass without the knowledge of the property owner take the risk that they will have no recourse if they are injured. That being said, an exception may be made for child trespassers who are attracted onto the property by a dangerous condition the property owner failed to address.
Complications in premises liability cases can arise because of comparative negligence, which could result in partial responsibility being assigned to the plaintiff for his or her injuries and losses. On the defendant’s end, issues may arise with respect to insurance coverage. Other cases may involve special rules that apply to leased properties. The bottom line, though, is that those who are involved in a New York premises liability case should seek out the assistance of an experienced personal injury attorney to ensure they have the guidance and advocacy they deserve.
Source: nycbar.org, “Premises Liability,” Accessed Jan. 16, 2015.
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