What is Premises Liability?
Business owners and lessees owe an obligation to the public to maintain their premises in a reasonably safe condition for authorized visitors, employees, and those conducting business. Private property owners and lessees may also be legally responsible for personal injuries occurring on their property. Examples of Premises liability cases include:
- slips, trips, and falls;
- exposure to toxic chemicals;
- dog bites/animal attacks;
- neck and spinal injuries;
- falling objects;
- scaffolding falls; and
- staircase accidents
Generally, under New York and New Jersey law, an injured plaintiff must prove that the property owner or lessee either caused the defective condition or knew or should have known of it. This is typically referred to as “actual notice” and “constructive notice.” Moreover, the plaintiff must additionally establish that the alleged defective condition was a “substantial factor” in causing the claimed injury.
Property owners also owe a duty of care to children who trespass on the property, particularly if it is related to an “attractive nuisance,” such as an unsecured swimming pool.
Our Immediate Approach at Harford, P.C.
Scott A. Harford is an experienced attorney in holding property owners responsible for failing to maintain their premises in a safe condition for others. We will immediately investigate the property, conduct necessary photography of the premises and interview relevant witnesses. We will also conduct an exhaustive investigation on prior accidents, complaints relating to the premises, and reported code violations. We may also need to promptly retain expert engineers or architects to prepare preliminary reports.
We Can Help You At Harford, P.C.
If you or someone you know was injured as a result of a dangerous property condition, we can help you understand your legal rights and options. Whether you have been involved in a slip and fall accident, injured from a falling object, electrocuted, or exposed to toxic chemicals, we will fight on your behalf to ensure you achieve the best possible outcome for your circumstances. Please call us today at (212) 390-8983 for a free consultation. You may also complete the form on the side menu and we will contact you to set up a consultation.