Premises Liability in New York
If you are injured on a piece of property, it is essential that you understand New York premises liability. This law makes the owner of land or property responsible for certain injuries sustained by individuals who are present on the premises. If you are injured due an unsafe condition on the property of another person, you may be able to file a lawsuit. You should contact an experienced lawyer to receive sound legal advice. Premises liability in New York covers the following classes of people:
- Invitee: An invitee is a person who is invited onto a piece of property for business or commercial reasons. The invitation may either be implied or expressed. If you are a business owner, you owe an invitee the highest level of duty. You are responsible for any injury a person suffers on your property if the risk of harm is unreasonable or if a hazardous condition exists that you should be aware of.
- Licensee: A licensee is a person who is granted expressed or implied
access to your property for any purpose other than business. For example, if you invite
a social guest or friend over to your property, he or she would be considered a licensee.
If that person is injured, he or she may be able to file New York premises liability lawsuit.
You are responsible for any physical harm that should come up a licensee on your property if
the plaintiff is able to prove the existence of the following three elements:
- You should have known of the hazardous condition.
- You failed to correct the hazardous condition.
- The licensee had no way of realizing the dangerous condition existed.
- Trespasser: Anyone who is not invited onto your property without your invitation is a trespasser. If you are not aware of the presence of a trespasser, you usually do not have any duty to warn them of danger. In some cases, if you are aware of the presence of trespassers, you may be required to warn them of any hazardous conditions on your property.
An attorney skilled in premises liability litigation in New York can assist you with any additional questions you might have.
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