Understanding Premises Liability Claims in New York

Oct 07, 2022

Understanding Premises Liability Claims in New York

Premises liability is a wide range of the law that covers many common things our attorneys in New York see on a daily basis, such as slip-and-falls and other types of personal injury accidents caused by a property owner failing to maintain their property efficiently.


It's critically important for all New York residents, landlords, and business owners to understand the laws surrounding premises liability.


What Is Premises Liability?

Premises liability is used to define a legal concept that commonly comes into play in personal injury cases when an injury is caused by any type of unsafe, unmaintained, or defective condition on someone else's property.


In order to win a premises liability case, the person who was hurt has the responsibility of proving that the property owner was, in fact, negligent in terms of their ownership and/or maintenance of the property. In these cases, negligence means the property owner failed to reasonably care for their property.


Just because you were injured on someone else's property does not automatically mean the property owner was negligent and that you have a premises liability case on your hands. Remember, it is the responsibility of the injured party to prove the owner willfully neglected to care for the property, which directly caused the unsafe condition that caused the injury.


Common Types of Premises Liability Claims

The most commonly filed premises liability claims include:


Slip and Fall

Slip and fall accidents can — and do — happen anywhere, from retail stores to city parks and streets, restaurants, hotels, and on private property. Things that commonly lead to these types of accidents and injuries include:

  • Slick, broken, or otherwise unreliable flooring
  • Slippery surfaces caused by leaking pipes
  • Unstable/broken furniture
  • Wet flooring
  • Defective stairs, railings, and grab bars
  • Construction hazards with no warning/advertising
  • Poor lighting
  • Icy, damaged, or uneven sidewalks
  • Bathrooms that are hard to reach


Dog Bites and Animal Attacks

Animal attacks can be extremely damaging and traumatic for all parties involved — the victim, their family, the animal's owner, and any witnesses.


If nothing or nobody incited the animal bite or attack, the dog owner will likely be held liable for the incident. Sometimes, even if the dog was provoked, the owner is still held accountable.


Snow and Ice Accidents

New York laws surrounding snow and ice removal are quite ambiguous, and there's no state building code that requires businesses to clear all snow off their property. The only requirement is that businesses clear the snow from their steps and walkways that lead to entrances, meaning they are not required to remove snow and ice from parking lots and sidewalks.


Because of the ambiguity in the law, property managers may remove snow and ice negligently, exposing residents, customers, and the general public to the risk of injury.


Roadway Neglect and Negligent Road Design

The government has the responsibility to keep roads safe for the public. At the national, state, and county levels, government agencies are tasked with maintaining roads and guaranteeing that the roadway, guardrails, road signs, and rights of way are in good condition.


Highway engineers are responsible for building safe roads that will not create hazardous driving situations.


Some of the most common road conditions that reveal negligence include:

  • Improperly timed traffic lights
  • Tiny shoulder lanes
  • Traffic light malfunctions
  • Poor drainage design that allows large pools of water to form on roadways
  • Trees or other forms of vegetation that are too close to the road/block visibility for cars turning
  • Roads that are not adequately snowplowed or de-iced
  • Obscure, damaged, unreadable, or non-existent road signs
  • Large potholes left unfilled
  • Steep slopes
  • Abrupt curves
  • Unmaintained/not continuous guardrails


Defective Escalators or Elevators

Some of the factors that lead to escalator and elevator defects include improper installation and maintenance, failed safety inspections, failing to employ safety guards, and allowing the equipment to fall into disrepair.


In these cases, property owners can be held liable for any injuries sustained on the equipment on their property.


Inadequate Lighting

New Yorkers know all too well about the state's problem with inadequate lighting. Whether it's misplaced or broken light fixtures, poor light bulbs, or a lack of light in hallways, alleyways, and stairwells, bad lighting can cause trips, falls, and other accidents.


Negligent Security

Building owners can be found negligent if they fail to properly secure the property — for example, if they fail to install proper locks, surveillance cameras, or any other steps to deter intruders.


Property owners, business owners, and landlords are responsible for keeping their tenants and customers safe. The following are examples of a negligent security claim:

  • Intruders entered the building because of insufficient lighting or alarm systems
  • An unsatisfactory fence
  • Broken security cameras
  • Incompetent or scarce security guards
  • Deficient locks


Swimming Pool Accidents

According to the CDC, the United States sees nearly 4,000 fatal drownings per year. Public pool and water park operators, as well as owners of private pools, are all responsible for ensuring the safety of their visitors. Drowning and near-drowning, slip and falls and diving accidents are all risks associated with swimming. It's critically important that pool owners take the appropriate measures to secure their pools and prevent drownings.

We Can Help

If you believe you have ground for a premises liability claim in New York, reach out to us today. Our team of experienced attorneys is here to help you build a strong case. Contact us to learn more. 

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Can A Pedestrian Be At Fault In A Car Pedestrian Accident?

31 Dec, 2023
Pedestrian accidents can be catastrophic, often leading to serious injuries and even fatalities. While drivers are often held liable for accidents involving pedestrians, it is possible for a pedestrian to be found at fault in a car-pedestrian accident. However, determining fault in these cases can be complex. In this blog post, we will explore the different factors that are taken into consideration when determining pedestrian accident liability. We will also discuss how an experienced pedestrian accident attorney can help you with your case. Negligence In most pedestrian accidents, a driver is found to be negligent, meaning they failed to exercise reasonable care while driving. However, pedestrians can also be found negligent if they fail to exercise reasonable care for their own safety. Examples of pedestrian negligence include jaywalking, crossing outside of a crosswalk, and walking under the influence of drugs or alcohol. Right of Way Each state has different laws regarding the right of way between pedestrians and vehicles. In some states, pedestrians always have the right of way, while in others, vehicles have the right of way in certain circumstances. When determining fault in a car-pedestrian accident, the right of way laws in the state where the accident occurred will be examined. Contributory Negligence Contributory negligence is a legal concept that refers to situations in which both parties involved in an accident were partially responsible for the incident. In states with contributory negligence laws, if a pedestrian contributed to the accident in any way, they may be barred from recovering any compensation. Damages In pedestrian accident cases, damages refer to the financial compensation the injured party may be entitled to. If a pedestrian is found to be partially or fully responsible for an accident, their damages may be reduced or eliminated altogether. How can an attorney help me in a pedestrian accident? In the aftermath of a pedestrian accident, it’s important to seek the help of an experienced attorney who can navigate the complexities of the legal system. A skilled pedestrian accident attorney can review the circumstances of the accident, gather evidence, and negotiate with insurance companies to ensure that you receive the compensation you deserve. They can also help you file a lawsuit if necessary. Pedestrian accidents can be incredibly devastating, both physically and emotionally. While drivers are often held responsible for these accidents, it is possible for a pedestrian to be found at fault. Factors such as negligence, right of way, contributory negligence, and damages must be taken into consideration when determining liability. That’s why it’s important to seek the help of an experienced pedestrian accident attorney who can assist you in navigating the legal system and securing the compensation you deserve. If you or a loved one has been injured in a pedestrian accident, do not hesitate to contact the Ahearne Law Firm for a consultation. Our team of skilled attorneys is here to help.

Understanding Construction Accident Lawsuits

03 Dec, 2023
Construction sites are some of the most hazardous workplaces in the US, with an alarming number of workers injured or killed every year. While employers have the responsibility to provide a safe work environment, many construction companies neglect this duty, exposing their workers to dangerous conditions. If you or a loved one has suffered a construction accident in Hudson Valley, NY, you may be eligible for compensation and other benefits under the state's laws. However, to maximize your chances of success, you'll need to work with a qualified attorney who knows the ins and outs of the legal system and has the necessary knowledge in construction accident lawsuits. In this blog post, we'll explore what a construction accident lawsuit is, its benefits, and how Ahearne Law Firm can help you seek justice. What is a construction accident lawsuit? A construction accident lawsuit is a legal claim filed against a person or entity responsible for a worker's injury or death on a construction site. Any negligence, wrongdoing, or failure to comply with safety standards that resulted in an accident can be grounds for this type of lawsuit. Typically, the injured worker or their family initiates the lawsuit and seeks damages for medical expenses, lost wages, pain, and suffering, and other losses related to the accident. A construction accident lawsuit can involve multiple parties, such as the employer, contractors, sub-contractors, equipment suppliers, architects, and engineers, depending on the circumstances of the accident. What are the benefits of filing a construction accident lawsuit? Filing a construction accident lawsuit can have several benefits for the injured worker or their loved ones. First, it can provide financial compensation to cover the costs associated with the accident, such as medical bills, lost income, and rehabilitation. Second, it can hold the parties responsible for the accident accountable for their negligence, promoting safer work practices and preventing similar accidents from happening in the future. Third, it can provide closure and peace of mind to the injured worker and their family, knowing that justice has been served. Lastly, a construction accident lawsuit can help raise awareness about the risks and responsibilities of construction site safety, contributing to a safer workplace for everyone. Holding the right people accountable Filing a construction accident lawsuit is not only about seeking compensation; it's also about holding the right people accountable for their actions. When an accident happens on a construction site, it's usually not the worker's fault but rather a result of safety violations, insufficient training, faulty equipment, or other factors within the control of employers and contractors. By filing a lawsuit, the injured worker can shine a light on these issues and demand that the responsible parties take corrective actions to prevent future accidents. Additionally, a lawsuit can show other construction companies that ignoring safety regulations and putting workers' lives at risk will not go unpunished. Ahearne Law Firm can assist with construction accident lawsuits If you've been a victim of a construction site accident in the Hudson Valley area, you don't have to face the legal process on your own. Ahearne Law Firm has a team of experienced attorneys who specialize in construction accident lawsuits and can guide you through the complicated steps of the process. We understand the challenges that come with recovering from a serious injury or coping with the loss of a loved one, and we are committed to fighting for your rights and interests. Our attorneys will investigate the accident, gather evidence, interview witnesses, negotiate with insurance companies and defendants, and represent you in court if needed. Construction accidents are all too common in the Hudson Valley area, and they can have devastating consequences for workers and their families. However, by filing a construction accident lawsuit, you can get the compensation and justice you deserve while holding those responsible accountable for their negligence. The Ahearne Law Firm is here to assist you every step of the way, from investigating the accident to representing you in court. Our goal is to help you achieve the best possible outcome and move forward with your life. Don't hesitate to reach out to us today and schedule a consultation.

How to Prove Liability in Slip-and-Fall Cases in New York

09 Nov, 2023
Slip-and-fall cases are common in New York, and they can have serious consequences. If you’ve recently suffered an injury from a slip-and-fall accident, you’ll know just how difficult it can be to prove fault. However, there are ways to prove liability in slip-and-fall accidents, and this blog post will provide you with the information you need to understand how to do so.  Prove duty of care Before proving liability, you need to show that there was a duty of care from the property owner or occupier towards you. Property owners in New York have a legal obligation to ensure that their property is safe for visitors. This means that they must regularly inspect their property, make necessary repairs, and place warning signs where required. If the property owner has failed to carry out these obligations, then you can show that duty of care was breached, leading to your injury. Prove negligence To establish liability in slip-and-fall cases, you must prove negligence. You need to show that the owner of the property was aware of the slipping hazard or should have known that the hazard existed. They had ample opportunity to rectify the situation but failed to take any action. If the owner had taken measures to address the hazard, like fixing the wet floor promptly, then you might not have sustained the injury. Demonstrating the negligence of the owner is necessary to show liability. Provide evidence In personal injury cases, evidence is crucial to prove the extent of injuries sustained, the cause of the accident and who was at fault. Take photographs of the scene of the accident and all injuries you sustained. Also, get the contact details of any witnesses present at the time of the accident. You should also keep any medical records, including diagnostic reports of treatments received at the hospital or doctors’ offices. Furthermore, you could organize an expert witness who would demonstrate that the hazard was severe enough to cause the injuries. Hire an experienced attorney Hiring an attorney who specializes in personal injury is essential. Slip and fall cases can be challenging because of how difficult it is to prove liability, and a legal professional can help you recover the maximum possible compensation for your injuries. Your attorney can help you gather evidence, establish liability, and file a lawsuit on your behalf. They can work with you to ensure that you receive the medical treatment required for your recovery of damages. A skilled attorney can represent you and protect your right to compensation. Slip-and-fall accidents can happen to anyone, and knowing how to prove liability is crucial. By proving duty of care, negligence, and providing evidence, you can build a strong case for liability. Hiring an experienced attorney can make a difference in getting the compensation you deserve for your injuries. If you’ve sustained injuries from a slip-and-fall accident, be sure to get in touch with a personal injury attorney today.

Understanding the Legal Process of Filing a Wrongful Death Lawsuit

03 Nov, 2023
Losing a loved one can be one of the most painful experiences in life, but it can be particularly devastating when the death has been caused by the negligence or wrongdoing of another person or entity. In such cases, surviving family members may be able to file a wrongful death lawsuit and recover compensation for their loss. However, understanding the legal process can be overwhelming and dealing with insurance companies and legal challenges alone can be daunting. That is why it is important to have an experienced and compassionate wrongful death attorney by your side. At Ahearne Law Firm, we help people in the Hudson Valley area navigate the complexities of wrongful death law and seek justice and closure for their loved ones. In this blog post, we will explore the role of a wrongful death attorney and the ways in which we can assist you in your time of need. 1. Investigating the case Our first step in any wrongful death case is to investigate the circumstances surrounding the death. This involves gathering evidence, interviewing witnesses, reviewing medical records, and consulting with experts in various fields. By piecing together the facts of the case, we can determine who is at fault and build a strong case for our clients. 2. Determining liability Once we have collected sufficient evidence, we can identify who is liable for the death. Liability may rest with individuals (such as the driver in a car accident), companies (such as the manufacturer of a defective product), or even government entities (such as a municipality responsible for a dangerous road). By determining liability, we can hold those responsible accountable for their actions and seek compensation on your behalf. 3. Handling negotiations It is common for insurance companies to offer lowball settlements to wrongful death claimants in the hopes of avoiding costly litigation. At Ahearne Law Firm, we will always fight for the full and fair compensation you deserve. We will handle all communications with insurance companies and other parties, sparing you the stress of dealing with them on your own. 4. Pursuing legal action In cases where negotiations fail to produce a satisfactory result, we are prepared to take your case to court. We will present your case with professionalism and vigor, seeking the best possible outcome for you and your family. 5. Providing emotional support Dealing with the loss of a loved one is emotionally taxing, and the legal proceedings that follow can be overwhelming. At Ahearne Law Firm, we understand that our clients are going through a difficult time, and we strive to provide them with the compassionate support they need. We are always available to answer questions, listen to concerns, and offer guidance and comfort. A wrongful death attorney can play a crucial role in helping grieving families to navigate the legal system and seek justice and compensation. At Ahearne Law Firm, we are committed to providing our clients in the Hudson Valley with skilled and compassionate representation. If you have lost a loved one due to the negligence or wrongful actions of others, please contact us to schedule a consultation. We will work tirelessly to seek that your rights are protected and that you receive the compensation and closure you deserve.

Understanding Pedestrian Accident Claims in New York

By Allan Ahearne • 15 Sep, 2023
In a bustling city like New York, walking is a part of the daily routine for many residents. Whether you're commuting to work, running errands, or simply taking a stroll, walking comes with its own dangers, especially when crossing the street. Pedestrian accidents are not uncommon in New York, and can lead to serious injuries, expensive medical bills, and lost income. If you or a loved one have been injured in a pedestrian accident, it’s important to understand your legal rights and the compensation you are entitled to. In this post, we’ll discuss the basics of pedestrian accident claims in New York, and explain why it’s crucial to have a personal injury lawyer on your side. 1. Understanding New York Pedestrian Laws: In New York, pedestrians have the right of way at crosswalks and intersections, but they are also required to follow traffic signals and signs. Drivers must yield to pedestrians, but may also face liability if they fail to do so and cause an accident. Understanding these laws is crucial to establishing liability in pedestrian accident cases. 2. Proving Negligence: To successfully file a pedestrian accident claim in New York, you must prove that the other party was negligent and responsible for your injuries. This may involve gathering witness testimonies, police reports, surveillance footage, and medical records. A personal injury lawyer can help you gather and present evidence to strengthen your case. 3. Compensation: If you were injured in a pedestrian accident, you may be entitled to various types of compensation, including medical expenses, lost income, and pain and suffering. A personal injury lawyer can help you calculate the full extent of your damages and negotiate with insurance adjusters to ensure that you receive fair compensation. 4. Importance of Having a Personal Injury Lawyer: Dealing with an injury and the aftermath of a pedestrian accident can be overwhelming, especially if you are also dealing with medical bills, lost wages, and emotional distress. Hiring a personal injury lawyer can help alleviate some of the stress and provide you with the legal support you need to navigate the claims process. A lawyer can also help you understand your legal rights, gather evidence, establish liability, negotiate with insurance companies, and represent you in court if necessary. 5. Statute of Limitations: Keep in mind that there is a time limit for filing a pedestrian accident claim in New York. Known as the statute of limitations, you have three years from the date of the accident to file a claim. Waiting too long to file a claim may result in a complete loss of the legal right to recover compensation for your injuries. Pedestrian accidents are common in New York and can have serious consequences on your health and financial wellbeing. Seeking the legal assistance of a personal injury lawyer can help ease some of the burdens associated with the claims process and maximize your chances of receiving fair compensation. Remember to act quickly and not to delay filing your pedestrian accident claim, as the statute of limitations may run out. At the end of the day, your health and safety is of utmost importance, and seeking the guidance of a personal injury lawyer can give you the peace of mind you need to move forward.
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