Restaurants, offices, shopping centers, retail stores have become gathering places for communities. Slip and fall accidents can happen to anyone and occur at any time. As per the latest NY health data, more than 50,000 people are admitted to the hospital in NY State.
With evolution comes exposure to all types of liabilities for the property owner. This article discusses these accidents.
General Negligence Principles
The NY Premises Liability law defines general negligence principles for landlords. The property owner has to protect patrons, invitees, and tenants. The liability can originate in different ways. They must protect people from any foreseeable harm due to the action of others.
In the context of premises liability cases, the landlord can be held for negligence if they had control over the premises’ conditions that led to an accident.
Creation of Unsafe Conditions
According to a CDC report, around one million people need emergency care due to slip and fall accidents. White Plains slip and fall lawyers believe liability on occupants or property owners can be imposed if they are responsible for creating unsafe conditions. For example, the application of cleaner, wax, and polish can make the surface slippery and help find negligence.
Disclosure of Dangerous Substances
There can be several materials on the property that can be considered toxic. There is a possibility these substances were safe earlier but became dangerous with passing time. For example, floor tiles, discarded cleaning supplies or automotive fluids, asbestos-based insulation, etc.
Suppose a property owner rents a property containing dangerous substances; the State laws require the property owner to disclose these hazardous substances to the tenant.
It is the property owner’s responsibility to make the tenant or any visitor to the property aware of the dangerous condition. According to White Plains slip and fall lawyers, you can establish evidence by the record of previous accidents. Attorney’s also state absence of evidence over an extended period can be admitted as evidence. It can be used to prove the absence of a defect.
Offering Reasonable Safety
Do you know a slip and fall accident could cost $30,000 to $40,000 in White Plains? Most slip and fall accidents occur due to the absence of reasonable safety measures. Attorney’s mention landlords are required to offer appropriate safety to tenants. It includes railing on stairs, adequate outdoor lighting, a fence around pools, and exterior doors.
Property owners also need to protect tenants from other dangerous tenants. Property owners must foresee danger while screening tenants. According to slip and fall attorneys, personal injury claims involving injuries inflicted by other tenants are complex.
To file a personal injury in the context of premises liability, you need to prove your presence was legal on the property where the slip and fall accident occurred. You can show you conducted business there, lived, or were invited when the accident occurred.
To sum up, you need an experienced attorney to interpret NY Premises Liability law and check whether the accident conditions are favorable to file a personal injury claim.