Our premises liability attorneys in New York can help individuals who have suffered an injury at another’s home recover compensation for any damages incurred. Homeowners have a duty to their guests to maintain a reasonably safe environment on their property. When a homeowner fails to repair a hazardous area on their property, and an accident occurs, they may be liable for any injuries suffered by their guests. As a result, individuals who have suffered an injury on another person’s or entity’s property should seek the counsel of an experienced premises liability attorney.
At Queller, Fisher, Washor, Fuchs & Kool And The Law Office Of William A. Gallina, LLP, our premises liability attorneys have a keen understanding of property owner negligence cases. Our attorneys help our clients understand and navigate the legal process. We handle all aspects of the claim, including interviewing individuals who witnessed the injury, hiring investigators, filing the lawsuit, negotiating settlements where appropriate and pursuing maximum compensation in court.
Do I Have Grounds For A Property Owner Negligence Claim?
Suffering an injury on a homeowner's property does not necessarily present grounds for a lawsuit (even if the injury was the result of an unmaintained or hazardous surface). In order to have a valid claim, at least one of the following statements must be true:
- The owner of the property must have caused the hazardous area or surface.
- The property owner must have known of the hazardous area's existence and done nothing about it.
- The owner should have known of the hazardous area because a reasonable person would have discovered and taken care of the issue.
While any of the above may seem obvious to the injured individual, proving liability can be difficult. Premises liability cases have become difficult to try, due to the vague language involved in determining liability. For instance, it can be difficult to definitively prove that the property owner caused the dangerous condition or should have "reasonably" known about the hazardous area's existence. As a result, it is of the utmost importance that injured individuals contact a premises liability attorney in New York with experience handling these kinds of cases.
How Do Lawyers Determine Liability For Licensees, Business Invitees And Trespassers?
A homeowner's duty of care varies based on the type of guest that suffered an injury. As a result, whether an individual has grounds for a lawsuit can depend on if they are considered an invitee, licensee or trespasser. The following are the different degrees of care that a property owner owes their guests:
Licensees: Licensees are individuals who the homeowner allowed to enter their premises, despite the fact that it is not public property. Social guests, family members and solicitors are considered licensees. Homeowners have a duty to licensees to exercise "reasonable care" to prevent injuries from a hazardous area that they knew of or should have known of at the time of entry. Part of a homeowner's responsibility to licensees is warning them of any dangerous condition or risk involved with entering the property.
Business Invitees: Business invitees are guests who have been invited to a homeowner's residence for a commercial or business purpose. Customers at a garage sale, contractors and utility workers would be examples of business invitees. Homeowners owe a significantly larger duty of care to business invitees. A homeowner's duty of care to business invitees includes actively inspecting their property for hazardous areas and making repairs to any such dangerous conditions. Unlike the duty owed to licensees, a warning of hazardous conditions is not enough to exempt homeowners from liability. Homeowners have a legal obligation to repair conditions to the point that any reasonable person would consider safe.
Trespasser: A trespasser is a person who enters private property without permission from the owner. Homeowners owe no legal responsibility to trespassers regarding the condition of their property.
Does Homeowner’s Insurance Cover Personal Liability?
Many individuals who suffer injuries on private property are hesitant to file lawsuits because the area where their injury occurred is owned by a friend. Many property owners, however, own homeowner's insurance. Homeowners insurance typically covers personal liability, ensuring that the homeowner will not have to pay out of pocket for any injuries that occur on their property. As a result, individuals who have been injured on private property can rest easy knowing that their lawsuit will not cause their friend financial harm.
Can I File A Negligence Claim For Accidental Fires And Explosions?
Fire and explosion accidents occur in New York with an overwhelming propensity. Accidents of this nature can cause victims to sustain debilitating and life-altering injuries. Fires and explosions can result in catastrophic damage to one’s property. Unfortunately, the majority of fires and explosions are a result of negligent behavior on the part of building owners, landlords, electricians or product manufacturers. It is imperative that these individuals and corporations be held liable for their actions in order to prevent such events from occurring in the future. Our premises liability attorneys represent victims of fire and explosion accidents that have occurred due to the negligence of others. New York State law allows for injured individuals or the families of deceased victims to bring forth a claim against the responsible party and recoup compensation for damages sustained as a result of the fire. Retaining an experienced premises liability attorney can expedite the process for you, in addition to ensuring that you receive the maximum possible compensation.
What Are Some Causes Of Fires And Explosion Accidents?
A fire or explosion can be caused by a number of occurrences, including but not limited to:
- Faulty Wiring
- Unsafe Working Conditions
- Cooking Accidents
- Corporate Negligence
- Defective Products
- Gas Leaks & Gas Explosions
- Human Error