Premises liability is an area of personal injury law focusing on dangerous conditions on a property. The person in control of a premises has a basic duty to protect anyone who is there for a legal purpose from hazards that could cause harm. The attorneys at the law firm of Eric Richman have experience helping clients who suffered accidental injury because of:
- Trip and fall accidents
- Slip and fall accidents
- Wet surfaces (due to ice, snow or spill)
- Faulty balcony, deck, porch or stairway
- Building code violations
- Swimming pool violations
- Elevator and escalator accidents
- Falling merchandise
- Building security violations
- Inadequate security
- Lack of fire alarms or fire escapes
- Lack of lighting
- Aggressive pets or other animals
The failure to eliminate or repair a dangerous condition exposes the property owner to liability for resulting injuries. The victim may be entitled to damages for harm caused by the owner’s negligence.
How failure to maintain a property can lead to injury or wrongful death
The two most common forms of premises liability are dog bites and slip-and-fall accidents, where a visitor to a property trips or slips on a hazard and sustains an injury. While not as common, premises liability also includes:
- Creating an environment that facilitates crime — When a proprietor does not repair door locks and lighting, or does not attempt to evict criminal elements, he or she may be liable for assaults and robberies that occur on the property.
- Health code violations that make residents sick — When an owner allows a property to fall into disrepair, so that mold grows unchecked or vermin proliferate, the owner may be liable for the negative health impact on property residents.
- Safety code violations that invite tragedy — If an owner fails to repair a broken sprinkler system or stores flammable materials on a property, he may be liable for harm to residents if a fire breaks out.
Property owners, landlords and business entities all share responsibility in preventing injury to guests, tenants, shoppers and workers on the premises. When they allow a dangerous condition to persist, serious injuries can occur. The extent of a property owner’s responsibility for injury depends on what the injured person was doing on the property at the time of the incident. Injured parties typically fall under the category of business invitee, social licensee or trespassers.
If you or a member of your family has suffered because of an unsafe environment in the Bronx, Queens, Manhattan, Brooklyn, Staten Island, Rockland, Westchester, Long Island, Nassau County or Suffolk County you need an experienced New York City personal injury lawyer.