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What factors can affect a premises liability case?

On Behalf of | Jan 5, 2021 | Premises Liability

When a New York resident steps into a store or goes down the steps of their apartment building, they expect that the premises are relatively safe and that they won’t get injured over there. This responsibility on property owners or non owner residents to maintain relatively safe premises is known as premises liability, and allows for accident victims to recover compensation from them in case they have neglected to live up to their duty.

Premises liability depends on a number of factors, some of which are discussed below.

Visitor’s legal status

If someone is invited onto the property, the way customers are, then it is implied that the property owner has taken reasonable steps to ensure the safety of the premises. A trespasser on the other hand gets no such treatment, unless there are artificial conditions on the property that would cause injury.

Age of the visitor

Even if a child is not authorized to be on the property, if they are likely to be on it then the property owner or nonowner resident must give a warning about a dangerous situation on the property that might cause injury.

Duty to exert reasonable care

Visitors have a duty to exert reasonable care for their own safety and if this is not done, the visitor may also be at fault for the injuries incurred. As a result, the accident victim’s recovery may be reduced according to the percentage of their fault.

If a New York resident is injured on someone else’s property because the owner did not live up to their responsibility, the accident victim may be able to hold them accountable through a premises liability claim. This way, medical bills associated with the injury may be covered, as could lost wages.