Premises Liability FAQ
Questions About Defective Premises? We Have Answers.
At our New York City law firm, we are pleased to help clients and potential clients obtain information about their cases. Of course, each case is different, so for answers to questions about your specific situation, it is important to consult a New York premises liability lawyer. Contact Tolmage, Peskin, Harris, Falick by calling 212-964-1390. You may also send an email.
What is a premises liability case?
A premises liability case involves injury or death resulting from negligently maintained or defective property. The property can be public, such as a sidewalk; institutional, such as a government building; or commercial, such as a store. It can include all types of injuries and accidents that occur on someone else’s property.
How do I know if I have a premises liability case?
In addition to proving that you were invited onto the property, you must prove that the owner knew or should have known that the property was unsafe. Even if the defect was known or repaired, if it was not repaired adequately enough to correct the hazard or people were not warned of the defect (for example, with signs warning of wet and slippery floors), the property owner could be held liable.
To bring a premises liability lawsuit, you must meet certain requirements. First, you must have been on the property lawfully. For example, you were invited to work on the property or you were “invited” to patronize a store or another business.
What are some examples of premises liability cases?
The most common type of premises liability case is popularly called a slip- and-fall or a slip, trip and fall. However, there are many other types of premises liability cases arising from:
- Broken or defective stairs and handrails
- Elevator and escalator accidents
- Inadequate security such as poorly lit parking lots, burned-out light bulbs in a hallway or other conditions that could make it easy for an assault to occur on the property
- Lead paint and other toxins
- Falling debris from inside and outside buildings
Who can I sue in a premises liability case?
You can sue the owner of the property – the landlord, the owner or, in the case of public property, the government entity responsible for the property. For example, if you were injured in a city park because of dangerous conditions or were injured in public housing because of poor maintenance, you may have a case. Special conditions apply when the “owner” is a government entity such as a school or park. This makes it critical to speak with an attorney familiar with these types of cases as soon as possible. In general, determining whom you can sue after being injured because of negligent or defective property conditions can be more complicated than it seems.