What are the most common premises liability cases in New York?

Premises liability cases are some of the most common personal injury cases in New York.

Private business owners and public accommodation managers have a responsibility to keep their premises safe for the general public. If they don’t then they face may premises liability lawsuits.

Here are some of the most common cases:

• Slip, trip and falls, elevator accidents, or inside their commercial or residential property
• Inadequate property security that leads to customers being assaulted, harassed or raped
• Poor or improper maintenance of residential or commercial property
• Accidents that occur due to cracks or wet floors on the sidewalks

But, just because these accidents occur, it doesn’t mean that business or residential owners are necessarily liable. In order to prove liability a plaintiff must:

• Provide evidence showing that the owner knew that their property was unsafe
• Show that the owner was negligent
• and, Prove that the unsafe conditions were the leading cause of their injuries

If the plaintiff can prove these 3 things, they may win a recovery. This isn’t necessarily easy, however, especially when trying to prove negligence.

For example, a party that was injured in a slip in fall due to a wet floor in an airport may not necessarily win their case if the wet floor was due to a person spilling their drink. If the airport could prove that they have cleanup crews going around fairly frequently, they would have a case showing that they are not negligent. However, if the injuries from a slip and fall were due to a wet floor caused by a leak in the airport ceiling, and the plaintiff could make a case. They could show inspection reports revealing that the airport knew about the leak and did not promptly fix it, they could prove in court that the airport was negligent and therefore liable for their injuries..

Questions? Message us for more information about premises liability cases.