Airports are unique commercial establishments. This is mainly because of
the various statutes and regulations governing activity at airports. Nonetheless,
airport owners and or operators still have the same responsibilities as
owners and operators of other places open to the public. Specifically,
airport owners and or operators must keep the facility free from unreasonable
dangers, particularly dangers which may result in a
slip and fall injury.
Experienced Poughkeepsie airport accident attorneys know that many people will choose air travel to and from their summer
vacation destinations. Any airport in New York, from Albany International
right down the Hudson Valley to JFK has the same responsibility.
Broken down, airport operators will be responsible for a
slip and fall accident if: the airport had a duty to the injured victim to prevent the accident
from occurring; the owners and or operators breached that duty; the victim
is indeed injured; the injury caused the victim to incur damages.
The duty is always present and is owed to all summer vacationers using
the airport. But the airport will not be responsible for everything that
may harm a traveler. Only those persons harmed as a result of a breached
duty can be compensated.
Injured airport patrons must prove this breach by showing that the
airport knew the danger existed. This is also called “actual notice” of the hazard. However,
even if the owners and or operators did not know about the hazard, but
should have known about it, their duty could be breached as well. Put
another way, if the airport acted reasonably, the owners and or operators
would have discovered the dangerous condition. Note, however, that the
owners and or operators of the airport must have had enough time to be
able to fix the hazard.
If knowledge of the hazardous condition existed for mere minutes, there
might not be liability; however, if knowledge of the dangerous condition
existed for days and nothing was done to repair it or warn summer vacationers
of the condition, then liability could exist.
Even if the dangerous condition was obvious, the airport owners and or
operators can be held liable for a
slip and fall accident if it was unreasonable to not fix the hazard. Also, the airport’s
duty applies in the same way to all visitors. The airport takes their
guests as they are, along with any disabilities; take the victim as he
or she is found.
Such is commonly referred to as the thin-skulled plaintiff rule. This means
that even if the plaintiff is more frail or fragile as compared to the
“normal” airport guest, the negligent owner or operator will
still be liable for injuries that happen to this frail person. It matters
not that a less frail person would not have been injured in a similar accident.
Are you interested in learning more about summer vacation slip and fall
Click here to read about this area of law in our latest article. If you or a loved one has been injured in a slip
and fall accident, click here to learn about the steps you should take
to protect your health and your legal rights
by clicking on this link. Learn about the duty hotels and motels owe to customers and what could
happen if that duty is breached in
our blog post available by clicking on the link here. Also learn what to do if your slip and fall occurs at a swimming pool,
where falls around the pool can be particularly deadly,
in our blog post available here.
Our personal injury attorneys at
Mainetti, Mainetti, and O’Connor, P.C. have over 100 years of combined experience working with victims of personal
injury accidents throughout New York. We understand how to effectively
represent clients who have been injured in serious car accidents, particularly
throughout the Mid-Hudson Valley region in Kingston, Poughkeepsie, and
Newburgh where we have offices. Hear
what our clients are saying about us here and learn about just some of our
successful results here. If you or a loved one has been injured in a personal injury accident,
please do not hesitate to contact us by calling 845-340-HURT (4878) or
toll free at 866-440-4452, or by using the
convenient contact form here.