Premises liability claims can be difficult to manage, especially if the business at fault is larger and has more resources to litigate. When their negligence causes you to be injured from a hazard on their property, they should be responsible for paying your medical bills and other losses. Discuss your claim with an experienced Nanuet commercial property liability lawyer from StolzenbergCortelli, LLP and determine your next steps.
“Commercial premises” refers to buildings or property that is intended to be used for business reasons, like restaurants, shopping centers, and other stores. Put more literally: it is a place where commerce occurs.
Liability for an injury that occurs on this land would be similar to that of private property. The difference is, the property owner has a duty and obligation to regularly inspect the premises to make sure it is safe for others, since it is assumed there will be visitors who may not be familiar with any hazards that exist. The person who owns or manages the property is held liable for hazards, even if a different employee, such as a janitor, was responsible for fixing it.
The statute of limitations to file a lawsuit in Nanuet for an injury on commercial property is three years. This differs from the statute of limitations for a municipality or public government building, which is only 90 days from the date of injury.
A lawsuit for injuries on a commercial property will usually name the owner of that business. If it occurred in an apartment building, the plaintiff could identify the management company. If there was a defective elevator and it was supposed to be maintained by elevator company, the lawsuit could name the elevator company as well. Certain elements like that would create multiple defendants. However, if the plaintiff and their lawyer are unable to identify the at-fault entity for whatever reason, there would not be anybody to sue and their chance for compensation diminishes.
If the defendant is a large corporation, it could change the amount of liability or insurance coverage available. The size of the entity could also change how quickly or slowly they want to litigate the case. If the corporation feels that they are not at fault, they have the money to litigate a drawn-out case; whereas, if they know they are at fault and there is a good case against them, they are usually more willing to pay it out as a settlement rather than draw attention and scrutiny at trial.
Many cases settle but some end up going to trial. If a plaintiff wishes to appeal the outcome of a trial, they must file their intention to do so within 30 days of the verdict.
When someone sees a defect or condition that is unsafe, a person should notify the property owner or manager to have it addressed, even if they were not injured by it. If the accident happens, the injured party should put the business on notice as soon as possible. Someone who is unsure about having a case, or whether there was a defect that caused their injury on a commercial property, should consult with a Nanuet lawyer from StolzenbergCortelli, LLP.
As a visitor to a business, you should expect that the owner has taken all precautions to keep you safe. They need to address all spilled liquids, unsecure merchandise, broken steps or lights, and other defects that put you at risk. Reach out to StolzenbergCortelli, LLP to discuss a potential lawsuit with a Nanuet commercial property liability lawyer.