The Fourth of July holiday weekend has passed and if you have not held
an outdoor summer BBQ, been to a pool party, or enjoyed fun in the sun
in general, chances are that you will at some point this summer.
For many people, this time of year is better than any other. Children are
out of school, teachers have the summer months off from work, and vacation
trips are enjoyed. What this equates to is more time spent away from home,
out of doors, and on property owned and operated by other people.
When visiting property owned by others, there is a lot of trust placed
in the hands of those property owners. Such trust is typically not in
the forefront of one’s mind; rather, such trust is latent in the
back of one’s thoughts.
Experienced Kingston, New York personal injury attorneys know that many
people are injured while on property owned by someone else. The injury
could have taken place at a relative’s home; the boss’s house;
the mall; Main Street; the public pool; campgrounds and the like. Other
times, the injury happened on the way to or from the destination.
What does this mean for the injured personal injury victim? When injured
on another person’s property, can the victim seek compensation through
civil litigation? If
injured by a drunk driver while traveling during summer, can the injured party sue the offender
for relief from damages?
Consider the instance when one is hurt at a public or private pool. The
owners and or operators must keep the area in a reasonably safe condition
so that bathers are not injured by hazards that the owner knew about or
should have known about.
This means that the owner should inspect the property for hazards, repair
dangers, warn guests of the danger, and even limit access to un-remediated
dangerous areas. Public pools must also ensure that lifeguards are properly
trained and sufficiently supervising the bathing area.
Whether the pool owner is a private person or a public entity, the injured
swimming pool victim can sue for damages if the rules of negligence and
premises liability call for compensation.
Searching the internet for news stories about drunk driving accidents occurring
on or around the Fourth of July will surely provide examples of personal
injury on the roadways. Not only is drunk driving a criminal offense,
it also violates personal rights protected in civil court. Driving drunk
triggers civil liability when such causes personal injury and/or property damage.
In most cases, the vehicle driver and owners will have automobile liability
coverage and of course New York has No-fault laws. While these items will
provide some relief to drunk driver victims, certain injuries are serious
and costly. Suing the offending driver can provide additional relief to
What if someone is walking on a sidewalk; say, walking through the downtown
retail district and trips on uneven pavement or on frayed carpeting in
a store? What if an injury occurs in a dimly lit parking lot of a suburban
As mentioned above when discussing pool liability,
property owners must take reasonable measures to inspect property for hazards, remedy
dangerous conditions on the property, and warn guests of such dangers.
Property owners also mustn’t create a dangerous hazard on the property.
Failing at these duties to the point where such a failure causes injury
to a visitor will give rise to liability for personal injury.
What if a dog bites a person at the park? Will the owner be held liable?
It is entirely possible. If the dog owner knew or should have known that
the dog had vicious propensities, than that owner can be held liable for
injuries caused by the dog. Even a landlord can be liable for dangerous
dogs that are owned by tenants if the landlord was aware that a tenant
was keeping a vicious dog.
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 and learn about just some of our
successful results. 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.