Brooklyn Premises Liability FAQs
If you have been injured on someone else’s property, you may have a case. Learn more and read below, or call us at 347-318-4935.
What does premises liability mean?
Premises liability is a body of law that holds a property owner and resident liable for injuries or accidents that occur on that property.
What is a premises liability case?
Premises liability cases can be wide-ranging, from trips and falls to dog bites and falling ceiling tiles, and everything in between. When you enter someone else’s property, you do so with a reasonable expectation that you will not be injured. The property owner is responsible for maintaining a relatively safe environment that is “premises liability.” What is “reasonable” is determined by factors such as:
- The circumstance under which the visitor entered the property
- The use of the property
- Accident foreseeability
- Owner’s or resident’s efforts to repair a dangerous condition or warn visitors
It is common for owners to attempt to limit liability by arguing that the injured person be partially at fault. You have a duty to exercise reasonable care for your own safety when you enter someone else’s property, and when you don’t do that settlements could be limited or reduced due to your own negligence. Most states adhere to a comparative fault system that reduces legal damages by a percentage that is equivalent to the visitor’s (plaintiff’s) fault in the incident.
Why hire a lawyer?
There are some legal matters like speeding tickets and small claims court that you alone could handle without an experienced lawyer. However, there are legal circumstances where you would not want to risk not having the advice of an experienced lawyer. The law is complicated and by hiring a lawyer you can navigate legal proceedings knowing documents are filed properly, procedures are followed, and settlements proposed by the opposing party are fair or should be negotiated instead of going to trial. A lawyer who understands the law and has experience with cases similar to yours can explain your options and make a calculated guess about how it might resolve at trial.
Why hire a premises liability attorney? When to hire a premises liability attorney?
If you have been in an accident that resulted in injury or monetary loss, an attorney who specializes in premises liability can help you go up against the negligent party, their insurance companies and their lawyers. Your attorney knows the laws and procedures to handle your legal issues and acts as your advocate throughout the case. If you have suffered severe injuries, faced expensive medical bills or have experienced loss of wages due to an accident, it is time to hire a premises liability attorney.