Lawsuits that are filed because of defective conditions on private property intended for public use are part of a branch of personal injury law called “Premises Liability.” That is why owners of property for use by customers, employees and contractors, among others, are required by law to keep and maintain their premises in a safe condition for everyone who uses it, and to carry property insurance. If you became injured when you slipped and fell in an office building, or you had a box fall on you in a retail store, or you were assaulted in a poorly lit parking lot, or you were otherwise injured on someone else’s property in virtually any way, you may be entitled to compensation for your injuries.
Premises accidents can cause a wide variety of serious injuries. For example, if a waiter spills hot soup on you, a serious burn injury could result. If you slip and fall on a wet floor in a grocery store or shopping mall, you could suffer a serious back, head, leg or arm injury, or worse. If you are assaulted in a poorly lit parking lot, you could suffer any number of injuries. Children are particularly vulnerable to injuries in a public playground, and the elderly can easily break a hip if they slip and fall on someone else’s property.
Many common premises conditions can cause an accident, such as ice or snow, broken or cracked sidewalks or curbs, faulty or inadequate lighting, liquid on a shop or a retail store’s floor, tools or materials left in the right of way at a construction site, broken stairs in an apartment building or subway station, and improper caution or warning signs. These are common examples of defective conditions that can cause people to fall and seriously injure themselves.
Regardless of your injury, in every case, the premises accident victim will have to prove that their injury or injuries was caused by a negligent property owner. Since premises accident injuries can require hospitalization, surgery, ongoing treatments and/or staying out of work as the victim recovers, that can mean a large recovery, as long as the negligent property owner can be held responsible for the accident, they will have to pay for all of your medical expenses, physical therapy and any lost wages, among other damages.
The first thing any premises accident victim should do after experiencing a premises injury accident due to a defective condition is to specifically identify what caused the injury. Under New York State law, if an injured party is unable to specifically identify the defective condition that caused their injuries, their lawsuit will be dismissed. For example, if you fell as a result of a broken step, you are required to identify the following:
If you slipped or tripped on a public sidewalk in New York City, it is also extremely important to identify the address of the building adjacent to that sidewalk. Since 2003, New York City law has mostly assigned responsibility for maintaining safe sidewalks to the landowner of the adjacent property. Prior to 2003, the City of New York was responsible for the maintenance and repair of all sidewalks within the City, but that law changed when the city passed a law that transferred responsibility for sidewalk maintenance to the adjacent landowner. The only exception to the law is in the case of a one-, two-, or three-family home. If the adjacent property is a one-, two- or three- family home, then the City of New York is still responsible for maintenance of the sidewalk.