Rochester Premises Liability Attorney

People have accidents on someone else’s property every day. Visitors can be injured in restaurants, bars, hotels, retail stores, airports, at the homes of friends, or in any number of commercial or private locations. Property owners in the state of New York have a duty of care to maintain their property in a reasonably safe condition, to prevent foreseeable accidents, and to warn of any potentially dangerous condition that may not be obvious to visitors. When they fail in this duty, they can be held liable for resulting injuries in a premises liability claim for compensation.

What Are Some Common Types of Premises Liability Accidents?

Premises liability accidents typically result from negligence. Some common causes of accidents and injuries on the property of another include:

• Slip or trip and fall hazards, such as snow and ice, slippery floors, loose or broken floorboards, debris in walkways, spills that are not cleaned up promptly, and leaking water
• Defective stairways, including missing or broken railings, loose carpeting, broken or defective steps, and other hazards
• Negligent security, in which case a visitor becomes a victim of assault or crime because the owner or operator of the property failed to provide adequate security
• Elevator accidents, when people are injured because responsible parties have failed to comply with laws and safety standards regarding installation, inspection, and maintenance of elevators
• Fire safety and building code violations that can result in serious injury or death when building fires get out of control
• Dog or animal attacks
• Ceiling collapses
• Defective swimming pool equipment
• Falling merchandise in retail establishments

What Are the Elements of a Premises Liability Claim in New York?

To prevail in a premises liability claim and recover compensation for injuries sustained on someone else’s property, you must establish that certain elements exist in your case. You must show that:

• You were lawfully on the property. (In the alternative, if you were not lawfully on the property, you must prove that the property owner knew you were trespassing.)
• The owner was negligent in failing to remedy an unsafe condition that existed on the property. You must show that the owner knew or should have known about the hazardous condition but failed to make adequate repairs or to adequately warn of the danger.
• The property owner’s negligence caused your accident and injuries.

Why Do You Need an Attorney for a Premises Liability Claim?

If you were injured on someone else’s property, recovering compensation may not be as simple as it seems. It is not enough to show you were injured. You must also prove that:

• The owner or operator of the property caused the defective or unsafe condition; or
• The owner or operator knew or should have known of the unsafe condition on the property; and
• The unsafe condition was a substantial factor in causing your injuries.

Comparative negligence may also factor into a premises liability claim. The other side will likely try to assign some degree of responsibility for the accident to you to reduce or prevent your recovery. Your best chance of recovering full compensation is to have an experienced Rochester premises liability lawyer on your side.

Why Choose Us?

Horn Wright, LLP is an experienced New York law firm with a reputation for excellence. What sets us apart is our client-focused approach, our creative and innovative solutions, and our team of skilled and trusted attorneys. We have the knowledge, skills, and resources to effectively pursue the compensation you deserve after a serious premises liability accident.

We offer a free initial consultation. Contact us at (585) 245-0255 to find out how we can help.