To avoid Premises Accidents, as a property owner in New York, you are responsible for keeping it safe for visitors. When you don’t recognize and remove hazards on the premises, it could result in someone getting hurt. If you or someone you know was injured due to a negligent property owner, you should speak with the experienced attorneys at Dansker & Aspromonte to get assistance with obtaining compensation for your losses.
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An Overview of Premises Liability
There are thousands of people who are injured each year while in someone else’s home or business. These injuries can occur on stairs, a patch of ice or snow, building defects or intentional or criminal acts of a third party. The premises liability laws that are in place have guidelines that place certain duties on property owners or occupiers in order to protect visitors from dangerous conditions or property defects. By law, property owners must keep their properties reasonably safe for people.
If you have been injured on a property that belongs to someone else, contact Dansker & Aspromonte Associates in New York, NY to receive legal advice about your case.
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A person who owns a property or is in possession of one is legally responsible for maintaining safe premises. The responsibilities of the owner varies from state to state and how the visitors of the property are classified. An experienced attorney can be consulted regarding the law of premises liability and can provide you with advice about your duties as a property owner.
Hazardous Substances on the Premises
There are a variety of toxic substances that include things you may not think is hazardous, or weren’t viewed as hazardous when they were being used. For example, lead-based paint, asbestos shingles or insulation, mold and fluids that drained from vehicles.
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FAQs About Premises LiabilityWhat is Premises Liability?
This an area of law that has set forth guidelines about the duties property owners or occupiers have to protect entrants from property defects and dangerous conditions.
What is a Licensee?
This is an individual that enters the premises with the implied or express permission of the landowner for his or her own purposes, rather than for the benefit of the landowner. For example, a social guest would be considered a licensee.
It’s possible for premise liability cases to involve criminal acts by a third party that was on another person’s property. Generally, property owners aren’t required to protect people on their property from criminal acts that are led by third party persons that have no special relationship to the landowner. Also, commercial property owners aren’t required to insure the safety of customers entering the space and has no responsibility to protect them from unforeseen criminal acts.
There are certain circumstances where a tenant and landlord is held liable for injuries that occur on the premises. For instance, if you are injured in a store where the store owner is a tenant and the shopping center is the landlord; or when you are injured at a friend’s apartment. It is the responsibility of the tenant and the landlord to take care of the premises to ensure it is in reasonably safe condition.
The Duties of Occupiers and Property Owners
The responsibilities of property owners and occupiers vary from state to state. In most cases, possessors and property owners have some degree of liability for the people that come onto their property, depending on how the entrants are categorized. There are three categories of people that come to someone’s property: invitees, licensees and trespassers. The responsibility of the landowner or occupier varies based on the category of the entrant.
Resources for Premises Liability
Find info about injuries that take place on public playgrounds, brought to you by the CDC.
This showcases a survey of premises liability cases that involve victims of crime suing the managers and owners of properties where the crime occurred.
Info and stats regarding injury and accident causes and prevention, brought to you by the CDC.
Read articles about accident prevention and safety using MedlinePlus, an NIH service.
Understand the primer for business regarding the law of premises liability, provided by the Graziadio Business Review.