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Common Types of Premises Liability Claims

Dec 19, 2022 | Premises Liability

In the event that you are hurt while lawfully on someone else’s property, you may be entitled to file a premises liability lawsuit if the owner’s negligence caused your injuries. Importantly, a property owner has a legal duty to maintain their premises in a reasonably safe condition. If an owner fails to make necessary repairs after being notified of a hazardous condition, or doesn’t provide a warning, they may be held liable for your damages. The following are some of the most common types of premises liability claims that arise in New York City.

Slip and Falls

Slip and falls can occur for various reasons in any number of places. For instance, they may happen in a grocery store, shopping mall, parking lot, office building, or an apartment complex. These types of accidents can arise due to a spill, loose mats, precipitation, or excessive floor wax. If the owner knows the floor is slippery and presents a hazard that could cause a slip and fall accident, they may be held liable if they didn’t take measures to remedy it or place a warning sign.

Trip and Falls

Not to be confused with slip and falls, a trip and fall occurs when a person trips over an object. Usually, the victim’s foot strikes the object, which causes them to lose their balance. Trip and falls can happen due to conditions such as debris in a pathway, sidewalk cracks, potholes in a parking lot, or misplaced cords. Liability can attach to the property owner if they failed to make repairs in a timely manner.

Stairwell Accidents

A wide variety of dangerous conditions can exist in stairwells. Whether a stairwell accident is caused by poor lighting, broken handrails, cracked steps, a building code violation, or worn carpet, serious injuries can be sustained. If the property owner or management company had notice of the defect that gave rise to the accident and did not repair it, they might be held accountable in a premises liability lawsuit.

Inadequate Security

Negligent security claims can arise if a person is attacked or assaulted on property belonging to another due to their failure to provide adequate lighting or basic security measures. These types of claims can arise on public property owned by a municipality, as well as on private property such as apartment complexes. However, property owners aren’t necessarily responsible for every crime that takes place on their premises — they can only be held liable if the crime was foreseeable and they did not take reasonable efforts to deter it. These kinds of claims are extremely complex and fact-specific.

Poor Maintenance

There are many elements in a building that can become dangerous if they are not properly maintained or have fallen into disrepair. For example, ceiling collapses, elevator malfunctions, fires caused by faulty wiring, and trip and falls on cracked flooring are a few examples of accidents that can arise due to negligent maintenance. If a property owner or the party responsible for maintaining the premises had actual or constructive notice of the condition — or they caused it — they may be held liable for your injuries.

Contact an Experienced New York City Personal Injury Lawyer

If you were injured in an accident caused by a property owner’s negligence, you may be entitled to recover your economic and non-economic damages in a personal injury lawsuit. However, it’s important to have a knowledgeable personal injury lawyer on your side who can help ensure you obtain the compensation you deserve. Due to our dedication, candor, and skill, at The Edelsteins, Faegenburg & Brown LLP, we regularly obtain verdicts and settlements in the millions for our clients.

The Edelsteins, Faegenburg & Brown LLP is a personal injury law firm dedicated to fighting for the rights of accident victims to ensure they secure the monetary recovery they deserve for their injuries. Located in Manhattan, our firm has been handling personal injury cases throughout New York City since 1937. Call to schedule a free consultation at (212) 425-1999 today.




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