Owning property is an excellent investment since you can expect high returns on your investment. However, you also need to understand that as a property owner, you have a legal responsibility of keeping your property in good condition and safeguarding anyone in it. That means you are required to fix any defective conditions and eliminate any factors that may pose a threat to those within your property. If your property has a faulty condition and causes an accident, then you might end up facing a premises liability case.
According to the state laws in New York, a property owner can be held responsible for any injuries sustained if the accident was as a result of his or her negligence. A Buffalo premises liability lawyer can review your situation and let you know if you have a valid claim. If you can prove your case, then the jury or judge can decide to award you by being compensated for all the damages you may have sustained. Therefore, do not hesitate to contact the Buffalo injury firm of Celino Law if you are involved in such a case.
Common Causes Of Premises Liability Accidents
In New York, many property owners are forced to deal with premises liability cases because of slip and fall accidents. These cases usually arise during winter when there is ice and snow. However, for the injured party to be compensated, they are required to prove that the property owner had neglected to remove the hazardous condition that caused the accident.
Property owners are usually relieved when the weather is calm so that they can clear any elements that can cause accidents on their property. This involved the clearing of ice and snow from the driveway and sidewalks. Other safety measures taken by property owners involve the use of warning signs in areas that are not safe to prevent accidents from occurring.
The homeowner’s insurance policy typically protects property owners. Therefore, if someone gets injured as a result of a slip and fall accident because of ice or snow, then the property owner will not be held liable for negligence.
Trip and Fall Accidents
Trip and fall accidents are handled in a similar manner as a fall on ice or snow. When it comes to dealing with this type of case, an injured party must prove that he or she was injured as a result of a tripping hazard that was found on the owner’s property. The injured party can have a strong case if the property owner was aware of hazard existence but failed to do nothing about it.
A good example is tipping on a sidewalk that is left unfinished, and there is no warning sign to notify those who are walking through. If an individual is injured as a result of a trip and fall on such a sidewalk, then the property owner could be held responsible.
Dangerous Property Conditions
Any element found on the owner’s property posing a threat to other people is grouped under this category. Examples include falling of items from the roof, defective stairs, and household dangers as well. If a property owner does not put up warning signs to notify people of such defective conditions, then the property owner will be held liable for any injuries if an accident occurs.
Fires
Cases of fire outbreak are not new, and property owners are held responsible for any damages if the accident was as a result of their negligence. An example of such cases is when there is an electrical problem, and the property owner fails to fix the issue. If the electric problems leads to a fire outbreak, then the property owner may be held responsible for all the damages.
Negligent or Insufficient Security
An individual can be attacked anywhere and at any time. But when attacked or killed on someone’s property, then the property owner could be held responsible if he or she was aware of the attack. Another point that could apply in a court of law is if the property owner had means to prevent the danger or attack but choose to do nothing.
Animal Attacks
New York City has strict liability laws that have been put in place to protect individuals from domestic animals. What this means is that an animal owner can be held responsible for any injuries sustained by a person in instances like dog bites. However, you also need to understand that the animal owner can only be held liable if he or she knew that the animal was dangerous but did nothing to notify the public or keep the animal away.
Premises Liability Cases Handled By Cellino Law
At Cellino Law, our Buffalo personal injury lawyers have extensive experience in handling premises liability cases and insurance claims. It does not matter whether you are facing an accident or property hazard lawsuit; you can rely on our attorneys to build a strong case for you. We also offer legal services in the following areas:
Slip And Fall Cases
If you have been involved in a slip and fall accident and got injured while on someone’s property, we can offer you legal assistance if the accident occurred as a result of property owner negligence. It does not matter whether the accident took place in a residential property or at business premises. All you have to do is reach out to a Buffalo slip and fall lawyer with Cellino Law to help you with your case.
Stair Accidents
We also handle cases related to stair accidents. If you were injured by a staircase that is poorly lit or not properly maintained, then the property owner should be held responsible for any accidents that occur on the staircase. If you have been involved in such an accident, call us as soon as possible to point out to you the legal options you can use to seek compensation.
Lead Poisoning
Many people living in this region are exposed to lead, which is a poisonous substance. Both young and old are exposed to lead poisoning, especially those in the rental properties. Most neighborhoods have lead water pipes, contaminated soil, and lead paint. Therefore, if you or your loved one faces a health complication as a result of this substance, call us today and will provide legal assistance.
Escalator Accidents
A lot of people use escalators every day without experiencing any incidents. However, that does not make them risk-free. Many people have sustained minor and serious injuries as a result of escalator malfunction. Sometimes people get stuck on moving gadgets and cause serious injuries. If you have been involved in such a matter, call us today for legal assistance.
Elevator Accidents
Elevator accidents are common in this region. Therefore, you might want to be extra careful next time you decide to use an elevator. Elevators must be maintained properly, designed, and manufactured in a way that they can serve for an extended period. If you sustain injuries as a result of elevator malfunction, get in touch with us today, and we will help you with your case.
Swimming Pool Accidents
Swimming poos accidents can cause serious accidents. That is why it is advisable that you seek compensation for any injuries that you or your loved one might have sustained as a result of a swimming pool accident. After investigations, we will enlighten you on what legal grounds you can use to get compensation.
Amusement Park Accidents
Amusement parks are one of those places where you expect nothing less but a lot of fun. Unfortunately, sometimes accidents occur, and people get injured. If you are involved in such a matter, call us right away and will help you take legal action. Amusement parks should be well maintained, and any hazards should be dealt with at an early stage.
Negligence In Security
Property owners are responsible for putting security measures on their premises. If you live in an insecure place and face security issues such as theft, sexual assaults, burglary, and assaults, your landlord or property owner can be held responsible for any injuries sustained by the victims. Therefore, a landlord is required to implement advanced security measures for the sake of the tenants’ safety.
Airport Accidents
Cellino Law lawyers usually receive phone calls of individuals who are complaining of injuries sustained as a result of defective conditions found at the airport. If you are facing such a matter, then we advise you to get in touch with us so that we can help you with your case. We will give you legal advice on what you can do to get compensated for your injuries.
Hotel Accidents
If you decide to spend your time in a motel or hotel in Buffalo, NY and got injured while enjoying your stay, you can file for a lawsuit to be compensated for any injuries sustained. That is because the hotel management team should make sure that the premise is safe.
Ceiling Or Roof Collapse
Cases of ceiling collapsing might not be a common cause, but our lawyers are prepared to handle such matters. You can call us for legal advice in case you got injured by a collapsed building, wall, or ceiling. The owner of the property involved should be held responsible for poor maintenance and negligence.
Scalding And Burning Injuries
It is a legal requirement for tenants to have a hot water supply in their homes. Moreover, the hot water temperature should be below 120 degrees, and if it exceeds beyond this point, then it could cause burn and scalding injuries. If the landlord does not use the necessary equipment to regulate the temperature of hot water, then they could be held responsible for negligence.
Municipal Liability
Municipal liability gives you the legal right of filing for a claim if you got injured by a property owned by the county or city. Moreover, you are required to file for a notice of claim before the deadline, which is 90 days after the incident has taken place. If you fail to take legal action within this period, then your case will no longer be valid.
What Is A Property Owner’s Duty of Care?
Property owners could take advantage of the duty of care against an individual if he or she was on the premises lawfully. That means the involved party was either an invitee or licensee, which means he or she had every right to be at the premise.
Licensee
Licensee refers to an individual who was at the premises for non-business or non-commercial activity.
Invitee
Invitee refers to a person who is invited into the premises for business or commercial reasons. A good example is the group of people who purchase clothes from department stores.
A property owner can also provide a duty of care to those who walk through their property. However, for this practice to be effective, the property owner is quired to warn trespassers of any defective conditions that are man-made, such as ceiling collapsing and staying away from an electric fence.
Property owners also owe children trespassers a duty of care. Children trespassers are considered to be unique, which is why they are treated in a special way. Property owners are required to make sure that there are no tempting items for children, such as a pool that is not property fenced. A property owner is required to take precautions and put up warning signs in all dangerous sections.
What Kind Of Risks Could Be Posed In A Dangerous Property?
There are many kinds of risks that can cause a property to be considered dangerous. Some of these risks are exposure to harmful chemicals and poor maintenance. The New York State laws expect property owners to be responsible even if they do not have the ability to know everything.
Dangerous conditions found on various properties include:
- Trip and fall hazards.
- Dangerous clutter.
- Unstable or collapsing structures.
- Inadequate security.
- Poor property management and maintenance.
If an accident occurs on a property that has dangerous conditions, then the property owner is held responsible for any injuries sustained by the victims involved. However, you also need to be aware of the fact that the court will investigate the matter to determine whether the property owner could have prevented the accident or not. If the accident occurs as a result of a defective property, then the property owner will be held liable.
Lack Of Security And Premises Liability
Another less common reason why most people hold property owners responsible for injuries is when there is a security breach. Many people who face insecurity issues such as robber and assault forget that the number one person to be held accountable for any losses incurred during the event is the property owner. That is because he or she is responsible for preventing crime by putting in place proper security measures.
The best element you can use to prove the negligence of security is foreseeability in crime. However, if the crime that took place happened for the first time, then the property owner is given immune in this case since he or she could not have predicted the crime or do anything to prevent it from happening. The only time a property owner could be held liable is if he or she was aware of the crime incidents taking place in that area and failed to take not legal action.
There are various steps that a property owner can take to make sure that there is security on their property. Some of these steps include hiring trained security guards, properly lit parking lots, ATMs, gates, and even fences to scare away intruders. You also need to understand that many people find it easy to raise a claim or lawsuit against property owners than the perpetrators of the crime. That is because criminals are not easy to locate, yet property owners are always available.
Why Should I Work With A Buffalo Premises Liability Lawyer?
Buffalo is a big city with busy streets and people. However, if you get injured while on someone’s property, you can sue the owner for any injuries sustained. Furthermore, you also need to understand that you are required to prove that the injuries sustained were a result of the property owner’s negligence so that you can be compensated. Your Cellino law attorney is also required to prove the following:
- Existence of a defective condition found on the property.
- The property owner failed to fix the issues, yet he or she had extra time.
- The property owner was aware of the risk involved.
After an accident, property owners ty to cover their mistakes by fixing some of the issues that might have caused the accident. They do this so that you can lack proof of their negligence. Because of this reason, it is advisable that you take photos or even record a video so that you can gather enough details for your case.
It is advisable that you reach out to one of our attorneys at Cellino Law after being involved in an accident so that we can help you gather vital evidence. With the help of such material, we can file for a premises’ liability claim.
What Compensation Can You Claim For A Premises Liability Case?
At Cellino law, we understand the challenges that come with having sustained serious injuries as a result of someone else negligence. Because of this reason, we are always determined to make sure that our clients get the justice they deserve. Below are different types of compensation you can get for premises liability claim:
- Loss of income.
- Suffering and pain.
- Medical bills for both present and future treatment
- Permanent disability.
- Cost of rehabilitation and therapy.
- Limited in earning capacity
- Change in lifestyle.
- Mental and emotional suffering.
How much a victim is awarded for premises liability claim depends on how severe the injuries are. For example, if the victim only sustained minor injuries, then he or she could be entitled to a small fee that could cover the cost of treatment. However, the value of the premises liability claim could go up if the victim suffered a serious injury.
How Do I Know If I Have A Strong Premises Liability Case?
This legal concept only applies when you are injured on someone else property and not on your own. Furthermore, you also need to acknowledge the fact that the victim involved in the accident is required to provide evidence of the property owner’s negligence. If the victim can prove that the property owner had the ability to prevent the accident but choose not to, then the victim can be compensated for his or her losses.
Lawsuits and premises liability cases are never the same since each case involves different factors that resulted in your injuries. However, it is advisable that you seek legal assistance as quickly as possible after the accident so that you do not end up taking the wrong legal steps. Furthermore, a legal representative will guide you on each step so that you do not lose focus on your case. Therefore, if you are dealing with a premises liability claim, reach out to one of our experienced attorneys at Cellino Law.
What Legal Steps Should I Take After A Premises Liability Injury?
For you to file for a premises liability claim, you are required to follow certain legal steps. Therefore, if you have sustained premises liability injuries, you might want to do the following:
Record what you can recall about the accident. Do this so that it can be easy for you to remember what happened when telling your story to the attorney.
Keep a record of all financial records associated with the premises liability injuries. Keeping a clear record is the only way you can be sure that you get compensated for all expenses.
The next thing you should do is book an appointment with your health specialist and go for a checkup. Even if you feel fine, let the doctor confirm that you are in good health.
Gather evidence as quickly as possible. It is not easy to win a premises liability claim with evidence. Because of this reason, it is essential that you collect enough evidence that can be used to build a strong case.
Record conversions while talking to eyewitnesses as well as property managers and insurance adjusters. This will give you proof of what each party said after the accident has taken place. Furthermore, do not forget to collect the details of those who witnessed the premises liability incident.
Who Can Be Sued Under Premises Liability Law?
Property owners, specifically the land and building owner, are held responsible for injuries sustained by any person while on their property. However, if an organization takes over the management of the property, then the organization is held responsible for injuries sustained by anyone found within the premises. A good example is when a security firm takes control of the property, and an employee gets injured while on-premise. In such an incident, the security firm is held responsible for any injuries sustained by the employee.
If the accuser sustains injuries as a result of his or her own negligence, then he or she might not be compensated, especially if the accuser was the one at fault.
However, you need to acknowledge the fact that New York is a state that considers premises liability claim, and an accuser can get compensated for injuries sustained if there was another person at fault. But, you also need to be aware of the fact that the amount awarded could be reduced by half if the injured person was 100% at fault.
Can I be Compensated If I Was Injured While Trespassing?
Trespassing is considered to be a serious offense is various States. Therefore, you need to understand the property owner cannot be held responsible since you are the one at fault. Moreover, it does not matter whether there were dangerous conditions on the property or not. However, there are a few exceptions to this requirement:
Owner Aware of The Trespasser
If a property owner is aware that a trespasser is on his or her property and does not take any action, the property owner can be held liable for any injuries sustained by the trespasser.
Children and Trespassing
This legal concept only applies to underage kids who may trespass on someone’s property. If a child is attracted by a dangerous condition such as an unfenced pool or wall and got injured in the process, the owner could be held responsible even if the underage child was trespassing.
What Are Common Legal Defenses In Premises Liability Claims?
In most cases, property owners will do their best to avoid such a matter. They will start by insisting that they were not aware of any defective or dangerous conditions found in their property. That is why it is advisable that you have an attorney by your side so that you can be able to fight back.
Property owners also try to convince the court that you were at fault by acting negligently. They do this so that the case can be dismissed or reduce how much you are awarded as compensation.