People that own property (or have control over property) must ensure that
certain responsibilities are attended to. For purposes of this article,
we are taking about making sure property is safe for visitors, guests,
and anyone known or suspected to be on the property.
Keeping property safe for wanted, or even unwanted visitors, is rather
simple. Owners and or occupiers must not create a dangerous condition
on the property. The property must be inspected for dangerous hazards.
If they know, or should have known about a property hazard, the danger
must be remediated in a timely manner. If unable to remediate timely so
that nobody gets hurt, the owner must warn people of the danger or at
least restrict access to the dangerous area.
There are many nuances to these rules. For example, just because a danger
can be found doesn’t mean that it must be found; a reasonable inspection
is all that is required. Understanding all the intricacies of premises
liability is best left to attorneys. Readers seriously concerned about
the matter should contact an
experienced Kingston premises liability attorney.
What is a premises liability case; what gives rise to litigation over the
matter? Quite simply, someone gets hurt on someone else’s property
and there is a belief that the owner/occupier did something wrong to cause
the accident. Perhaps nothing intentional; rather, the owner is believed
to have negligently maintained the property by doing something or failing
to do something. A hazard was created, the property was not inspected
for hazards, and or visitors were not warned about known hazards.
The types of property hazards that are commonly seen are:
- Wet and or slippery walking surfaces; both indoors and out of doors
- Uneven walking surfaces; again, this can be present inside and outside
- Dangerous stairs
- Inadequate lighting
- Security problems
Property owners can even be liable for
dog bite accidents. If a dangerous dog is allowed to remain on someone’s property and
that dog bites someone, then the dog owner and even a landlord can be
liable for the attack. This may hold true even if the dog has never bitten
anyone in the past.
Swimming pools are another source of danger. Bathing areas must be supervised,
properly maintained, properly constructed and fenced in, and the like.
The same rules of liability apply to private homeowners, apartment complex
owners, and municipalities. Publicly operated bathing areas must be staffed
with properly trained lifeguards.
Consider another type of property that is owned by the government; roadways.
Public roads are designed and or constructed by/for the government, and
these roads are maintained by the government. Negligently designed, constructed,
and or maintained roadways are a menace and people injured by such can
receive compensation for their damages.
Regardless of what type of property a guest visits, or for what purpose
the property is used, dangerous conditions can cause death.
Negligent supervision at a pool, hazardous bathing areas, broken pavement,
unsecured construction zones, wet flooring at the mall, or anything else
you can imagine can also cause:
- Spinal injuries
- Traumatic brain injuries
- Fractured limbs
- Fractured ribs
- Facial fractures
- Skull fractures
- Limb loss
Premises liability cases seek to compensate victims for the losses attributed to these types of
injuries. The losses to which we refer are pain and suffering, lost wages,
diminished earning potential, medical costs, rehabilitation costs, and
any other loss related to the negligent property owner’s actions
What happens if the victim is killed in the accident? Is there any way
for the property owner to be held accountable? Yes, by way of a wrongful
death and or survival action from which the victim’s estate can
be compensated and the victim’s family can be compensated for many
things including funeral costs.
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. See what our clients are saying about
us by reading our
testimonials and take a look at 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 by using the
convenient contact form.