Bailey, Johnson & Peck, P.C. represents private property owners, commercial property owners, business owners, and their insurers against premises liability claims. We help our clients assert that they upheld the proper standard of care for the maintenance of their property. If you need effective representation in these matters, let a New York premises liability attorney work to protect your interests. Our attorneys have offices in Albany and serve clients throughout the Capital District of New York State. Schedule a free consultation today by calling 518-456-0082.
Premises liability cases often fall under the umbrella of personal injury law. Basically, if a person suffers a serious injury on someone else’s property, they have grounds to sue the property owner for negligence. Property owners owe each visitor a specific duty of care to keep their premises safe. If the property owner knew about dangerous conditions and failed to do anything about it which resulted in a serious injury, they could face the legal consequences in a premises liability claim.
The most common type of personal injury case related to premises liability is a slip and fall accident. However, there are many other types of premises liability cases, including:
Whether you’re suing or you’re the one being sued for premises liability, it’s important to read up on the specifics of how these cases work. In many states, determining negligence boils down to the type of visitor who suffered an injury on the property. There are three types of visitors:
In complex premises liability cases, sometimes more than one person or entity is at fault. And sometimes, premises liability cases are complex because it’s difficult to determine who exactly is at fault. Listed below are just a few of the parties who could be liable for a premises liability claim.
Just because a person suffered serious injuries on someone’s property, that doesn’t automatically mean that the property owner’s negligence caused the injury. Sometimes, visitors become injured in slip and fall accidents, for example, due to their own clumsiness or negligence. Still, these injured clients may try to file a premises liability claim in order to recover compensation anyway. These illegitimate claims happen far too often. That’s why you need New York premises liability attorneys to defend you and your property.
Proving negligence is an integral part of a legitimate claim though. Whether you’re the one suing or you’re the one being sued, our law firm will help you determine who’s to blame through the four elements of negligence listed below.
Let’s say that both the property owner and the injured person share a degree of fault in the premises liability accident. Invitees and licensees are supposed to exercise a reasonable standard of care for their own safety. If a legal investigation finds that the licensee or invitee failed to act reasonably, they could recover a smaller amount of compensation under New York law.
New York follows a pure comparative fault rule which comes into play when both a negligent property owner and a negligent visitor share a degree of responsibility in an accident. For example, let’s say that an investigation reveals that a visitor shares 10% of the blame in a premises liability case while a property owner shares 90% of the blame. Let’s also say that based on the damages that the injured visitor suffered, they deserve $100,000 in compensation. Under New York’s comparative fault rule, the injured visitor would only receive $90,000 due to their share of the blame.
Injured parties can seek compensation for a variety of damages in premises liability lawsuits, including:
Albany premises liability lawyers at Bailey, Johnson & Peck have helped hundreds of premises liability clients recover maximum compensation for their suffering. We can do the same for you too.
Our attorneys have extensive experience in personal injury law, including car accidents, slip-and-fall accidents, catastrophic injuries and wrongful death. If you have questions about insurance coverage and how to get the financial compensation you need, contact us today to see how we can help.
We have represented many clients on both sides of personal injury and insurance disputes. Let us use our depth of knowledge and experience to help you and your family get the medical care and financial compensation you need and deserve.