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Inadequate Maintenance

Experienced Premises Liability Lawyers Serving Victims in New York

In New York, a property owner must exercise reasonable care to ensure that its premises are maintained in a safe condition. Unfortunately, some people and businesses fail to adequately address hazards on their properties, which can place visitors to them at risk of serious harm. For more than a decade, the Law Office of Michael H. Joseph, PLLC has tenaciously represented victims across the state of New York in premises liability claims. Our knowledgeable attorneys are committed to providing quality service to individuals who sustained preventable injuries due to a dangerous condition or lack of maintenance on properties located in Manhattan, the Bronx, Brooklyn, Queens, or Staten Island.

Hold Property Owners Accountable for Inadequate Maintenance

Buildings that are not properly maintained can become unsafe over time. Structural hazards such as a hole in a floor, a broken staircase or handrail, loose floorboards, and other dangerous conditions can cause a guest, customer, or tenant to suffer an accident. Other types of inadequate maintenance include falling tree branches, holes in the ground, and broken sidewalks or other walkways. Although the injuries sustained as a result of a property owner’s failure to adequately maintain a property can be minor, a victim also may suffer lifelong and disabling harm, such as paralysis, head or neck trauma, and more.

The duty of care that a New York property owner owes to an individual who enters its premises varies based on the visitor’s legal status. To seek compensation from a property owner, an injured person must normally demonstrate that he or she was on the property lawfully at the time of the incident. This could be someone who enters the property as a result of an express or implied invitation, such as a customer who is shopping at a business, or it could be a guest who enters a property with the permission of its owner. If an accident occurs at a public commercial establishment, it is presumed that any individual is lawfully on the property unless there is a sign stating otherwise. A property owner is required to warn anyone lawfully on the premises of any hazards that the owner has discovered or reasonably should have discovered.

By contrast, a trespasser is someone who enters a property without permission. In general, a property owner in New York has no legal duty to a trespasser unless he or she is discovered. Despite this, a premises owner’s duty of care to a child who is not lawfully on the property may be different. If a dangerous condition that might be appealing to a child is located on the property, the person or entity in control of it must take steps to warn about it or make the condition safe. For instance, a property owner may be held responsible for injuries sustained by a child trespasser who enters an unfenced pool.

In order to establish a claim based on inadequate maintenance, a victim must prove the property owner had a duty of care, the property owner breached that duty of care, and the victim was injured and incurred damages as a result of that breach. For example, if a business fails to trim tree limbs that are hanging over its parking lot, and a branch falls on a customer, the business likely breached its duty of care. If the customer is hurt by the falling branch, he or she may have a premises liability claim against the owner of the property. However, the victim must show that the owner was aware or should have been aware of the dangerous condition that caused the accident.

Recovering Damages for Your Injuries

The state of New York follows a pure comparative fault rule. This means that an accident victim may recover damages for his or her injuries even if he or she was somehow partially to blame for the accident. In situations where an injured person contributed to his or her harm, a judge or jury will typically assign a percentage of fault to each party and reduce the victim’s damages by the percentage assigned to him or her.

Someone who was harmed as a result of a property owner’s inadequate maintenance generally has up to three years from the date of his or her harm to file a lawsuit. This time frame may be shorter if the property owner is a government entity, such as a city or the state of New York. If you were hurt because a person or entity breached a legal duty of care, you should contact an experienced lawyer as soon as you can.

Discuss Your Slip and Fall Case with a New York Attorney

If you suffered an injury or lost a loved one near New York as a result of a property owner’s negligent actions, the Law Office of Michael H. Joseph, PLLC may be able to help. Our diligent slip and fall lawyers provide valuable assistance to accident victims across New York and throughout the five boroughs of New York City. To discuss your case with a seasoned advocate, call the Law Office of Michael H. Joseph, PLLC toll-free at (877) 580-6636 or contact us through our website today.

New York Law does not distinguish between invitees and licences. In New York, Defendants are responsible to maintain their premises in a safe condition for anyone who may come onto the property. However, there is no duty to trespassers, but where property is a public commercial establishment , everyone is permitted on the property unless there is a sign prohibiting them. Also an edited version of the falling debris and vehicle accidents on construction sites pages are attached, which can be published after the underlined portion on both is deleted.

 
The Law Offices of Michael H. Joseph