Property owners have a duty to warn and/or correct any hazardous conditions that exist on their properties. If they fail to do so and someone gets hurt, the injured party may be entitled to file a premises liability claim for compensation.
Slip and fall accidents are one of the most common kinds of premises liability claims, but many other types of accidents also fall under the umbrella of premises liability law. If you or a loved one has been hurt, it’s important to talk to an experienced attorney right away to learn about your legal options.
Common Causes of Premises Liability Lawsuits
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Premises liability cases usually involve unsafe conditions on a property that the owner either knew — or should have known ― about. A premises liability claim can arise when the property owner fails to warn visitors about the dangerous situation or to take measures to correct it.
Some of the most common types of premises liability claims include:
- Amusement park accidents
- Animal attacks
- Asbestos exposure
- Building collapses
- Construction accidents
- Defective conditions
- Dog bites
- Elevator and escalator accidents
- Exposure to toxic chemicals
- Faulty stairs or handrails
- Floods or water leaks
- Improper maintenance
- Inadequate or negligent security
- Pool accidents
- Slip and fall accidents
- Snow or ice accidents
- Stair accidents
- Struck by objects
- Swimming pool accidents
Typical Defendants in Premises Liability Claims
One of the most common defendants in premises liability claims are retail establishments. When an accident occurs in one of these locations, victims should immediately file reports with the managers on duty or other supervisors and ask for a copy of the report.
Another common defendant is a governmental agency. These types of claims can be far more complicated than traditional negligence claims. Other frequent defendants in premises liability cases include construction and industrial site owners, private property owners and educational institutions.
Who is Responsible for Your Accident?
Determining who is liable in a premises liability accident is a lawyer’s job. Depending on the accident, fault may lie with several parties — perhaps even you (at least to some degree). An experienced lawyer can investigate the property conditions and the owner’s actions (or failures to act) that could have contributed to your injury.
Liability often depends on how often and how well the property owner maintains the premises. There are a number of common signs that a property owner was negligent, including:
- Poor lighting
- Uneven steps
- Loose flooring
- Cluttered walkways
- Broken or malfunctioning elevators
- Failure to warn others of dangerous conditions
- Poor security
Even though property owners have a duty to maintain safe premises, every visitor has a responsibility to take reasonable care to protect their own safety. If they do not use appropriate caution, their ability to recover compensation could be affected.
Legal Assistance from Knowledgeable Albany Attorneys
If you or someone you love was injured due to a dangerous property condition, the New York attorneys at Belluck & Fox will fight for maximum compensation for your injuries.
Contact us now for a free consultation.