If you’ve been injured on someone else’s property, you may be wondering whether the property owner was legally responsible for what happened. You might also be hearing terms like “duty of care” and “premises liability” tossed around without a clear understanding of what they really mean. These phrases aren’t just legal jargon. They are central to determining whether you may have a valid personal injury claim. In the simplest terms, a property owner’s “duty of care” refers to the legal obligation to keep their premises reasonably safe for those who are lawfully on it. However, what’s considered “reasonable” can vary depending on the situation, the type of property, and who was injured. Read on and reach out to a dedicated New York City slip and fall lawyer from the Law Office of Richard M. Kenny to learn more. Here are some of the questions you may have:
Who Does the Duty of Care Apply To?
Property owners in NYC owe different levels of care depending on who is entering the property. Someone invited for business reasons, like a customer in a store, is owed the highest duty of care. The owner must regularly inspect the premises, fix any dangerous conditions, and post warnings if something poses a hazard.
On the other hand, a social guest is still owed a duty, but slightly less rigorous. The owner must warn of known dangers but may not be required to constantly inspect the property for hidden risks. Trespassers, meanwhile, are generally not protected by the same rules, although exceptions exist, especially when children are involved.
What Kinds of Hazards Are Covered?
The duty of care includes a wide range of hazards, many of which are common in urban environments. Broken stairs, icy sidewalks, poor lighting, unmarked wet floors, faulty handrails, loose tiles, and even security failures in apartment buildings can all be potential grounds for a premises liability claim. Whether the property is residential, commercial, or public, owners have a legal responsibility to take proactive steps in preventing harm.
Let’s say someone slips on an unshoveled sidewalk outside a store during a snowstorm. If the owner failed to clear the path within a reasonable amount of time, they could be found negligent. But if the fall happened just minutes after the snow started falling, and before the owner had a fair chance to respond, the case might not hold up. These kinds of details matter, and they can make or break a claim.
What Should I Do If I Was Hurt on Someone Else’s Property?
If you’re injured due to a dangerous condition on someone else’s property in NYC, the first thing you should do is seek medical care. Once your health is addressed, try to document the scene. Photos, witness contact information, and a written account of what happened can be crucial evidence. You should also report the incident to the property owner or manager right away.
Finally, contact a personal injury attorney who understands premises liability law in New York City. They can help evaluate your case, gather evidence, and determine whether the property owner failed in their duty of care. Don’t wait too long. Time limits, known as statutes of limitations, can affect your ability to recover compensation.
CONTACT OUR EXPERIENCED NEW YORK CITY FIRM
Our entire legal team is dedicated to providing the advice you need and the personalized attention you deserve. If you have been injured due to another party’s negligence, call (212) 421-0300 or fill out our contact form to schedule a free consultation with a slip & fall lawyer. You may be entitled to financial compensation, which can help you on your road to recovery.
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