Injuring yourself on another person’s property is unexpected but not uncommon. Premises liability accidents can cause devastatingly long-term injuries, and it is not always apparent who to hold accountable.
You will want the help of an experienced Long Island premises liability attorney to recover the compensation you are owed. Property owners owe every guest and even some trespassers a duty of care and can be held liable when they breach that duty. Many premises liability cases happen while enjoying some form of entertainment or dining. In these situations, the tenant or owner of the business will likely be liable for the injuries their negligence causes rather than the property owner of the building you were injured in.
If you were injured because of the negligence of a property owner or tenant, our Long Island premises liability attorneys can discuss what legal options are available to you. For a free case assessment, contact The Carrion Law Firm at (718) 841-0083.
The Duty Owed to Others Upon a Premises on Long Island, NY
A person is entitled to compensation in a premises liability case regardless of their reasons for being on the property. New York previously divided individuals injured on a premises into three distinct categories, invitees, licensees, and trespassers. This was used to determine the extent to which a property owner would be liable to the injured person.
However, New York no longer uses that standard. Today, the court uses one standard of care for all premises liability cases. Under the new rule, all property owners or tenants responsible for the safety of a property must act reasonably to maintain safe conditions under the circumstances. Basso v. Miller (1976). This responsibility includes considering the likelihood and seriousness of an injury occurring on the property, and the burden involved in avoiding the risk.
The primary factor in determining a party’s liability, though, is the foreseeability of the injured person being on the property. If it was foreseeable that the person would have been on the property, whether it was an invited guest or trespasser, the property owner or tenant could be liable for not correcting any conditions they were aware of or should have known about. Our Long Island premises liability attorneys can help explain your rights and how the negligent party in your case violated their duty of care.
Who is Liable for a Premises Liability Accident on Long Island, NY?
There are numerous types of properties on Long Island serving many different functions. Unfortunately, this makes identifying the liable party challenging. This is because of the business arrangements between property owners and tenants and who is directly responsible for the safety of the premises. Property owners could be liable for your injuries, but in many cases, it will be a tenant most likely responsible for the accident. Our Long Island premises liability attorneys can help you if you are unsure who owns the property you were injured on.
Property Owners and Landlords
Investors and commercial and residential companies own a good portion of the property on Long Island. Unless the property owner managed the premises or provided maintenance, it will most likely be a tenant you will need to look to for liability.
If your premises have a more traditional landlord relationship, they could be liable for the commonly used spaces, like stairwells and walkways. Landlords are typically not liable for private living spaces, though, unless it is beyond the tenant’s ability to address. Typically, a person’s lease will state who is responsible for which areas of the premises.
Commercial Tenants
In many premises liability cases, the tenant will be the liable party. Common commercial tenants include shop owners, retail stores, restaurants, and other businesses open to the public. Even though another entity might own the building, tenants like these take responsibility for the location’s safety and can therefore be held liable.
Residential Tenants
If you live in a residential building, you likely live around other private tenants. They can also be held accountable for injuries that occur on their property. For instance, if your neighbor invites you over and you slip in a spill they forgot to clean up, you could sue them for their negligence.
A common case of premises liability on Long Island is from dog-bite injuries. Tenants are responsible for their dogs while around other tenants. If another tenant’s dog injures a person, both the tenant and the landlord could be held liable depending on the facts of the case. Our Long Island premises liability attorneys can help you determine each party that shares responsibility for your injuries.
Proving a Long Island, NY, Premises Liability Lawsuit
Certain distinct elements will need to be proved if it is decided that a premises liability lawsuit is the best option to recover damages. First, you must show that you had the right to be on the property, either as an invitee or licensee. You will also need to show that the unsafe condition that injured you was known to the defendant, but they failed to repair or warn of the danger. Further, you will need to prove that your injuries were caused by the owner’s negligence in not addressing the unsafe condition. Our Long Island premises liability attorneys can help you develop the right legal strategy to prove you deserve compensation.
Our Long Island, NY, Premises Liability Attorney Can Help
If you have been injured on another person’s property, our Long Island premises liability attorneys can help you get the justice you deserve for your injuries. For a free case assessment, contact The Carrion Law Firm at (718) 841-0083.