Premises Liability Lawyer Long Island
When someone invites a person onto their property, they are responsible for that person’s safety to a degree. They may not be able to govern that person’s behavior and keep them from harming themselves or others, but they can create a safe environment that does not have any harmful hazards. If the person who owns or is in charge of the property fails to uphold that standard and someone gets injured as a result, then they can be held liable for the injury of that person. This is the basis of premises liability law, which is a subset of personal injury law.
There are many serious injuries that can occur as a result of a premises liability and the property owner is liable for those injuries. At the Harrison Law Group, we have decades of experience ably representing clients who have been injured because a property owner failed to enforce the property safety standards on their premises. We can help victims of premises liability to get the compensation that they need to take care of their injuries. So contact the Harrison Law Group if you have a premises liability case.
The Basics Of Premises Liability Law
Since premises liability is a subset of personal injury law, it is governed by the same rules as other personal injury cases. That means negligence was the cause of the accident. The rules of personal injury are as follows:
The victim was owed a duty of care – In this case, it is the property owner’s responsibility to make sure that their premises are safe and free of hazards that could bring harm to anyone who is lawfully on their property.
The duty of care was breached – With premises liability, that could mean that the property owner was aware of a dangerous condition but did nothing to address it. For example, there could be a spill that creates a slipping hazard that the property owner does not clean up or warn people about.
The breach of duty caused an accident
The accident caused the victim to suffer losses – Those losses could be financial, such as the medical bills needed to treat the injury. But they could also be emotional, such as the pain and suffering felt by the victim.
The People Who Are Owed a Duty of Care
Each state has different rules about who is eligible for compensation if they get hurt on someone’s property. Some states consider the status of the person who was injured and they divide visitors into the following three categories:
Invitees – As the name suggests, these are people who were invited onto the premises. The invitation could be explicit, such as when a person is holding a party and guests are invited. The invitation could also be implicit, such as with a store and its customers, though in that case, the invitees are only allowed on the premises during business hours.
Licensees – This is someone who has the property owner’s implied permission to enter the property, but is doing so for their own purpose. This generally refers to salesmen and the like.
Trespassers – This is a person who is not allowed or authorized to be on the property.
In states that divide visitors into these three categories, trespassers are not owed a duty of care by the property owner. That means, unlike invitees and licensees, they cannot sue if they get injured because of a dangerous condition on the premises. In some cases, if the property owner suspects that their premises might be susceptible to trespassers, then they should post warnings of any non-obvious dangers that might be on the property.
The exception to the rule regarding a lack of duty of care to trespassers involves children. If there is an attractive nuisance on the property, like a swimming pool for example, then the attractive nuisance doctrine states that the property owner is liable for any injuries caused by the object of attraction even if the child is trespassing on their property.
Types of Premises Liability Cases
There are many different types of cases that fall under the umbrella of premises liability law. They include the following:
- Slip and fall accidents
- Inadequate or poor building security that leads to an accident
- Dog bites
- Snow and ice accidents
- Swimming pool accidents
- Toxic substances
- Elevator or escalator accidents
- Poor property maintenance
You can see that premises liability covers a wide variety of cases, and yes, that includes dog bites, since a dangerous, unsecured dog on the property constitutes a dangerous condition. The same goes for toxic substances that might make a person sick later on. As long as it can be proven that the person got sick because of those toxic substances they have a valid premises liability case.
The Consequences of Premises Liability
Just as there is a wide variety of premises liability cases, there is a wide variety of injuries that can be caused by them. Any hazard that causes the victim to slip and fall down can cause fractures or broken bones as well as head trauma that can lead to a concussion or even a skull fracture. Cuts and bruises are also possible depending on the nature of the surface. Swimming pools can lead to drowning incidents, which can be life-threatening if the victim does not quickly get assistance. If the drowning victim goes without oxygen for too long, then that could cause brain damage.
The inhalation of toxic substances could cause all manner of problems, from respiratory diseases all the way up to mesothelioma, which is a form of cancer. A fire could result in burns of various degrees; third-degree burns and higher could result in serious injury that requires surgical intervention. An attack from a dog could result in deep bite marks that could cause significant blood loss. Plus any bacteria in the dog’s mouth could lead to nasty infections, and there is, of course, the emotional trauma of getting attacked by the dog. Premises liability can result in a wide variety of very serious injuries, which is why we do not take those kinds of cases lightly.
The Harrison Law Group Will Help You With Your Premises Liability Case
A premises liability can lead to very serious injuries for the victim and those injuries could require expensive medical care. The property owner should be held accountable in those cases and that is exactly what we at the Harrison Law Group pledge to do for all of our clients. We will fight for all of our premises liability clients and do our best to make sure that they never have to pay out of pocket for their medical bills or other accident-related expenses. So if you were injured on someone’s premises due to the negligence of the property owner, then give us a call to learn how we can help you.