During the greater portion of every day, many of us find ourselves upon
property owned and operated by others. When one drives to work, one is
traversing on government owned property. One’s office is obviously
owned by or leased by someone other than oneself, with exceptions of course.
Even if one is a sole proprietor of a store in a strip mall, one has to
go upon portions of the property that are controlled by others. And all
the other places one must go are included; homes of friends and family,
the market, various retail outlets, gas stations, the doctor’s office,
and so on.
Experienced Newburgh slip and fall accident attorneys have successfully litigated cases in which people were injured at places
like that which is listed above. Injuries that occur on property owned
and or controlled by others are personal injury cases falling under the
gambit of premises liability.
Property owners and those persons in control of property must not:
- Create a dangerous condition on their property.
- Fail to remediate known dangerous conditions on their property.
- Fail to inspect for hazards on their property (even an unknown hazard on
their property can lead to liability if the owner should have known about
Who do we mean when we use the term, property owner? Quite simply we mean
anyone and everyone who owns property. Private residence owners, commercial
property owners, apartment building owners, companies, government agencies,
and the like are all included. Note, however, that when the government
is the defendant, special courts are utilized, procedural rules are different,
and the statute of limitations period is different as compared to non
Persons injured on the property of another will have to prove at least one of the numbered points above existed at
the time of his or her injury. This is often referred to as having “notice”
of the condition. If the owner had notice and a person was harmed on the
property, the victim must demonstrate that the hazard was the actual cause
of the injury claimed. But note that the injury must have given rise to
some sort of damages (monetary loss, pain and suffering, etcetera), because
without damages there can be no compensation.
What are common hazards on property that cause victims to suffer a
slip and fall injury?
- Wet flooring.
- Snow, ice, and or water accumulation on stairs (interior and or exterior),
sidewalks, driveways, and parking lots.
- Uneven surfaces and other trip hazards such as frayed carpeting and broken tiles.
- Pot holes, lawn divots, and the like.
- Construction equipment and many other types of hazards
Learn about issues with slip and fall accidents and what to do next in
the latest article from our
attorneys 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.