Premises liability is the legal term for the notion that owners have a duty to maintain a safe property, free of avoidable and unnecessary hazards. When a person suffers an injury on another person’s property due to negligent maintenance or some other unsafe condition, the injured person can pursue a legal claim against the property owner.
Elements of a Premises Liability Claim
In general, to successfully mount a premises liability claim, the following conditions must be met:
- The injured party had permission, either express or implied, to be on the property.
- The property owner knew or should reasonably have known about the danger.
- The property owner knowingly failed to address the issue or warn visitors.
- This failure led directly to the injury.
Premises liability is a complex area of the law, and it can vary from state to state. An experienced premises liability attorney can help you understand your rights and determine the next steps toward obtaining the compensation you deserve.
Our New York & New Jersey Premises Liability Attorneys Handle A Variety of Claims
Premises liability is a broad term that includes many different types of accidents. The legal team at Hofmann & Schweitzer handles all types of premises liability claims, including:
Slip and Fall Accidents
These are the most common premises liability claims, often involving spilled food or liquids on the floors of grocery stores or restaurants.
Dangerous Building Conditions
Inadequate maintenance including faulty handrails, stairways in disrepair, elevator malfunctions, and unsafe floor conditions, can cause serious injuries.
Negligent Security
Since property owners are responsible for the safety and conditions of their premises, muggings and assaults that result from negligent security can lead to premises liability claims against the property owners.
Inadequate Parking Lot Maintenance
Potholes, poorly conceived driving paths, and other dangerous conditions in parking lots can lead to accidents and litigation claims.
Private Property Accidents
Although most premises liability claims are against commercial property owners, accidents frequently occur on private properties, as well. We bring claims against insurance companies to obtain compensation for accidents resulting from stairway accidents, deck collapses, sidewalk and driveway slips, tree collapses, and other accidents.
Municipal Liability
Our lawyers also take on cities and other municipalities in claims involving accidents due to faulty roadways and sidewalks as well as accidents caused by dangerous conditions in municipal buildings.
Can I Still File a Claim If I Was Partially at Fault for the Accident?
After a slip and fall accident, many injured victims hesitate to pursue legal action, especially if they think they may share some responsibility for what happened. If you’re asking yourself, “Can I still file a claim if I was partly to blame?”—the answer, in New York, is yes.
New York’s Pure Comparative Negligence Rule
New York follows a legal standard called pure comparative negligence, which allows you to recover damages even if you were partly—or mostly—at fault for the accident. Under this rule, your financial recovery is reduced by your percentage of fault, but you are never barred from filing a claim, regardless of how high your share of responsibility may be.
How It Works: A Real-World Example
Let’s say you’re working on a construction site and fall from a scaffolding that was improperly secured. However, you weren’t wearing the required fall protection harness at the time. After an investigation, it’s determined that:
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The general contractor is 60% at fault for failing to ensure the scaffolding was safe.
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You are 40% at fault for not following safety protocol.
If your total damages—medical expenses, lost wages, and pain and suffering—add up to $200,000, you could still recover $120,000. That’s your total damages minus your share of the fault.
If you’ve suffered injuries in an accident on the property of a business or another person, you need to speak with our premises liability attorneys. Contact us online or call us directly at 800.362.9329 to schedule your free case evaluation.