Liability in Nanuet Defective Premises Cases
Liability in Nanuet Defective Premises Cases

Liability in Nanuet Defective Premises Cases

When an accident occurs due to water or ice on the floor, a broken stair, or poor security, a claim for damages will usually result in a blame game. To ensure your right to compensation, reach out to a premises liability attorney from StolzenbergCortelli, LLP. With fingers pointed in different directions, it is critical to get legal advice on determining liability in a Nanuet defective premises case.

How is Premises Liability Defined?

Premises liability is a type of claim that happens when someone gets hurt on another person’s or entity’s property. The most common situations of this kind include a slip and fall incident, falling debris, or a defective condition that causes injury. The owner has an obligation to cure the hazard as soon as possible or put everyone on notice that the hazard exists.

A building owner or landowner cannot fix a defect if they do not know about it, which is why premises liability law hinges on the owner having “notice.” For example, if the water is too hot in an apartment building and someone gets burnt, the building must be put on notice so they know that they have to fix it. Premises liability is also unique because it covers a lot of different types of injury situations, as opposed to motor vehicle crashes or construction accidents. For example, there can be numerous ways that negligent security is a factor in determining liability for a defective premises claim in Nanuet.

Locations Where Liability Claims Occur

Some of the most common places that a premises liability claim can occur in Nanuet are slippery sidewalks, icy driveways, water spilled on a grocery floor, stairwells that have broken or missing railings, stairwells that have poor lighting, and defective elevators. However, almost any place can have a dangerous defect that puts people at risk.

If liability falls on a municipality, or public housing or government-owned building, a plaintiff needs to put the government entity on notice with 90 days of the incident. With private property, the statute of limitations to file a claim is three years.

Property Owner Duty of Care

If the property is open to the public, the owner has to reasonably inspect it and make sure that it is free of defects that can harm people. If the property is their own home, they must make sure there are no hazards that would injure their guests.

The visitor status may also impact what duty someone has to them. For licensees (those who are allowed to be on the property through personal connections or in order to do their job, such as a mail carrier), the property owner is only required to take reasonable care to protect them from any known dangers. If the person is an invitee (someone invited into the land or into the building for business purposes), the person that owns the land has an obligation to inspect and look for defects. If someone is a trespasser, the owner does not owe them any kind of duty to protect from hazards.

How is Liability Determined?

In addition to the property owner having notice, lawyers determine the feasibility of a case based on:

  • Building codes
  • Housing regulations
  • Customs and practices of the industry
  • Whether or not the defect was a defect at all
  • Whether it was something that the owner should have known about or corrected

A person cannot sue if it was their own fault for getting injured, such as tripping on their own feet going up the stairs – there must be a defect from the property. The defendant’s attorney will try to argue against the claim, potentially claiming there was a lack of notice or a lack of defect. They can also argue that the person was responsible for the injury and the property owner was not. It is important to contact StolzenbergCortelli, LLP to discuss liability for premises injury claims in Nanuet.

Discuss Liability in a Defective Premises Case with a Nanuet Attorney

If you were injured due to a hazard on someone’s else’s land, there is a good chance that they can be held liable for your losses. Liability in Nanuet defective premises cases is an important factor in getting you the money you need to set things right in your life. Reach out to one of our lawyers as soon as possible to set up a free consultation of your case.

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    55 Old Turnpike Rd
    Nanuet, NY 10954