What Is Premises Liability?

If you were injured on someone else’s property, whether that be a grocery store, office building, or even a home, you may be able to recover compensation for your damages through a premises liability claim. Suffering a serious injury that leads to expensive medical treatment, time away from work, and other challenges is never easy. The difficulty is compounded when you have little knowledge of law.

These claims can be notoriously hard to prove. Doing so requires a deep understanding of the law, along with the ability to build a case, gather evidence, negotiate with insurance companies, and more. That’s what the attorneys at Maggiano, DiGirolamo & Lizzi are here to help you accomplish.

With vast experience representing accident victims, our attorneys can help you attain justice for the injuries and damages you have suffered due to someone else’s negligence. For a FREE consultation, call our Bronx premises liability attorneys at (212) 543-1600 today.

What Is the Definition of Premises Liability?

By law, property owners and managers have a responsibility to keep their properties safe for visitors, occupants, and others.

When they fail to do so, and it leads to an accident and damages, they can be held liable—that is, legally responsible—for the damages, which can include everything from medical bills to pain and suffering.

What Is the Difference Between Premise Liability & General Liability?

Premises liability refers very specifically to the condition of a property and any incidents resulting from a hazard on that property.

General liability, on the other hand, is broader than premises liability, covering liability for damages caused by everything from product defects to employee errors. This type of liability is more all-inclusive of a business’s operations, whereas premises liability is solely focused on the business’ property.

What Is the Difference Between Premises Liability & a Slip & Fall?

Slip and falls are a common type of premises liability. They can include accidents like:

• Falling from broken stairs
• Slipping and falling on a wet floor
• Tripping over an uneven walking surfacing

However, there are other types of premises liability claims that do not involve slips and falls, including:

• Inadequate security
• Animal attacks
• Swimming pool accidents
• And more

In other words, all slip and fall claims are premises liability claims but not all premises liability claims are slip and fall claims.

If, for example, a landlord knew that inadequate lighting in a parking lot on their property could result in an assault or robbery but did nothing about it, this would qualify as a premises liability claim but not a slip and fall claim.

What Are the Factors of Premises Liability?

Winning a claim involves more than simply filing and presenting medical records. Instead, there are four primary facts you need to be able to prove in order to win compensation:

• Duty of care: The property owner or manager must have owed the accident victim a duty of care. This is not the case for everyone who visits a property; for example, trespassers are generally not afforded the same protections as those invited to the property.
• Neglect: If the property owner or an employee caused the dangerous condition, knew about the dangerous condition, or should have known about the dangerous condition but did not take appropriate steps to warn visitors or remedy the hazard, then the duty of care was neglected.
• Causation: The dangerous condition must have led to the injuries suffered by the accident victims. This can generally be proven with medical bills, provided the claimant received appropriate and timely medical attention.
• Damages: The injuries must have led to damages, such as medical bills, lost wages, out-of-pocket expenses, and pain and suffering.

If you are unable to provide documentation and evidence solidifying any of these factors, recovering compensation is unlikely. That is one of the many reasons that working with a skilled premises liability attorney is always recommended. They know what will be necessary and can help guide you through the process.

What Is the Assumption of Risk in Premises Liability?

Not every injury suffered on someone’s property immediately qualifies for a premises liability claim. In some cases, this is because a duty of care was not owed or because the dangerous condition had just arisen and the property owner had not yet had an opportunity to warn or remedy.

In some situations, property owners may argue that the accident victim took on an “assumption of risk” and voluntarily exposed themselves to a hazard. This is one of the reasons stores are quick to put up a “wet floor” sign. If someone does slip and fall, the property owner can argue that the accident victim walked on the wet floor despite the sign, therefore voluntarily exposing themselves to a dangerous condition.

The same argument can be made if:

• The hazard was clearly visible
• The premises, by nature, involve some degree of danger (such as sports facilities)
• The accident victim signed a waiver

Assumption of risk defenses are not always valid. If you think you may have a claim but are concerned about the property owner claiming an assumption of risk, you should still review your situation with an experienced attorney to determine if you have a viable claim.

Who Is Responsible?

While “the property owner” is the easiest and most straightforward answer to the question of responsibility, it will ultimately depend on who was responsible for ensuring safe conditions.

Other responsible parties could include:

• The property manager
• Tenants
• Security companies
• And others

The first step in a premises liability investigation is determining how the accident happened and whose negligence caused the dangerous condition. Your ability to win compensation will depend on your ability to prove these points.

Contact the Bronx Attorneys At Maggiano, Digirolamo & Lizzi Today

Navigating the complexities of these claims is not for the faint of heart. Beyond being able to gather the appropriate evidence and prove your right to compensation, you will also be up against insurance companies with deep pockets. These companies may seem like they have your best interests in mind, but they only care about one thing: their own bottom line.

At Maggiano, DiGirolamo & Lizzi, we’re here to even the playing field. We believe it is crucial that accident victims and the attorneys who represent them have the courage and commitment to justice necessary to remain steadfast in the face of opposition.

If you believe you have a premises liability claim, don’t delay. Contact our team today for a FREE consultation, and we will help you pursue the compensation you need and deserve for your damages.