Landowners are legally responsible for keeping their properties reasonably free from hazards that could injure guests and customers. When landowners breach their duties of care, injured victims may have a right to pursue a premises liability lawsuit for compensation. Many premises liability accidents cause injuries, including slip and fall accidents, staircase accidents, and falling objects.
If you or your loved one have been injured in a premises liability accident, the premises liability attorneys at CDH Law PLLC are here to help. Our attorneys have significant experience obtaining compensation for personal injury victims in Syracuse and the surrounding area. We offer potential clients a free, no-obligation case evaluation. Contact CDH Law PLLC to learn more about your rights and legal options.
Types of Syracuse Premises Liability Cases We Handle
Premises liability cases can happen anywhere, from a retail store to a neighbor’s icy steps. The attorneys at CDH Law PLLC have a proven track record of recovering significant compensation in a wide range of premises liability cases. Our experienced personal injury attorneys have represented clients who’ve been injured in all of the following types of accidents:
- Slip and fall accidents
- Negligent security
- Trip and fall accidents
- Elevator and escalator accidents
- Fire accidents
- Negligent hotel security
- Negligent apartment complex security
- Accidents at daycare or school
- Cases involving lead paint
- Slip and fall accidents caused by snow and ice
- Construction site accidents
- Swimming pool accidents
- Amusement park accidents
- Dog bite injuries
What Is Premises Liability?
Premises liability is a specific type of personal injury law that seeks to hold property owners financially responsible for injuries caused by their negligence on their property. Under New York law, property owners have a legal duty to keep their properties reasonably safe for invited visitors, guests, and customers. Property owners also have a duty to warn of any known dangers on their property. Victims can obtain compensation for damages caused by their injury when they can prove all the elements of a premises liability case.
When pursuing compensation, a plaintiff must prove that the property owner owed him or her a duty of care to keep the property reasonably safe. If you have express or implied permission to be on the property, the property owner owes you a duty of care to keep the property reasonably safe. For example, if you came onto the property as a customer or guest or because it was open to the public, the property owner owed you a duty of care.
Generally, a person must be on the property legally to hold a negligent property owner liable for an accident. For this reason, it’s difficult for trespassers to recover compensation in premises liability cases. If you have questions about whether you have a valid claim, discussing your case with an experienced attorney can help you understand whether you have a claim.
Proving Negligence in a Premises Liability Lawsuit
The plaintiff also needs to prove that the property owner acted negligently or recklessly. Business owners are held to a higher standard because their customers are considered to be invitees who are there to benefit the business.
When property owners fail to regularly inspect their premises for dangerous conditions, repair known dangers, or warn others of dangers that can’t be fixed immediately, they breach their duty of care and act negligently. New York courts have ruled that property owners must act reasonably and maintain their property safely. The likelihood of injury to visitors may influence this duty, the costs of remedying risks on the property, and the identity of potential visitors and guests.
In addition to proving that the property owner acted negligently, the plaintiff must also prove causation. The plaintiff must prove that the property owner’s actions or omissions caused the accident that resulted in his or her injuries. Finally, the plaintiff must prove that he or she suffered injury or harm, called damages, from the accident on the owner’s property.
Who Is Liable for My Injuries?
If you’ve been injured on another person’s property, it’s important that you reach out to an attorney as soon as possible. An attorney can help you gather important evidence proving the accident was the property owner’s fault. Evidence tends to disappear quickly in premises liability accidents. For example, if you slip and fall in a puddle at the grocery store, an associate may quickly wipe up the puddle. When possible, try to take photos or videos of the dangerous conditions that caused your accident. Other types of evidence that can prove that the property owner breached his or her duty of care to you include the following:
- Accident reports compiled by the business
- Police report
- Maintenance records
- Eyewitness testimony
- Police reports of criminal activity on or near the property
- Evidence of safety violations
- Video security footage
The evidence your attorney gathers will help you determine which party or parties are at-fault for the accident that caused your injuries. Depending on the unique circumstances of your case, one or more of the following parties may be liable:
- Private property owners
- Business owners
- Third parties who contract with the property owner
- Government entities responsible for maintaining the property
- Transit companies responsible for maintaining subway stations, sidewalks, and more
Compensation Available in a Premises Liability Lawsuit
Premises liability accidents can cause devastating, long-term injuries. For example, when an older adult slips and falls because of a property owner’s negligence, a broken hip could occur. Recovering from a broken hip can take months, and many elderly individuals never fully regain their mobility. Serious personal injury accidents can cost millions of dollars in medical and caretaking expenses. Pursuing a premises liability lawsuit can help injury victims by providing them with compensation for their economic and non-economic damages, such as:
- Medical expenses
- Expenses future medical and caretaking expenses
- Lost wages
- Loss of earning capacity
- Physical and occupational therapy expenses
- Property damage
- Pain and suffering
- Loss of enjoyment of life
- Emotional distress
- Damages for wrongful death
Contact a Premises Liability Attorney in Syracuse
Premises liability cases can be complex, and it’s crucial that you work with an experienced attorney. At CDH Law PLLC, our attorneys have extensive experience representing clients in various premises liability cases. If you have been injured because of a property owner’s negligence, don’t hesitate to contact CDH Law PLLC and schedule a complimentary consultation.