Understanding the Duty of Care
At Foley Griffin, we understand that premises liability accidents can be confusing and overwhelming for those affected. The consequences can be severe, whether it's a slip-and-fall at a shopping center or an injury on a poorly maintained sidewalk.
Common injuries associated with premises liability cases include:
- Broken bones
- Head injuries
- Spinal injuries
- Cuts and lacerations
- Burn injuries
- Muscle, tendon, and ligament injuries
Property managers and owners are legally obligated to ensure their premises are reasonably safe for visitors. This duty of care is paramount in preventing accidents that could lead to premises liability claims. However, the extent of this duty can vary depending on the type of property and the nature of the visitation.
Apartment Owners/Managers
For residential properties, like apartments, the owner or manager must maintain common areas, ensure structural integrity, and promptly address known hazards. Failure to do so can result in accidents that lead to serious injuries, holding the property manager accountable.
Examples of common hazardous conditions found at apartment and condominium buildings include:
- Slippery floors and walkways without adequate warning signs
- Poorly lit staircases and hallways
- Broken or missing handrails on staircases
- Uneven or cracked sidewalks within the complex
- Malfunctioning elevators or escalators
- Obstructed or blocked emergency exits
- Faulty smoke detectors or fire safety equipment
- Insufficient security
- Pest infestations affecting health and safety
Private Commercial Property Owners
Like retail stores or restaurants, commercial property owners must keep their premises safe for customers, just as apartment and rental property owners do. This includes regular property inspections and immediate action to rectify any known hazards.
The commercial nature of these properties often means a higher traffic volume, increasing the potential for accidents if negligence is present.
Government and Municipal Property
The duty of care also exists for government-owned properties, such as public parks or municipal buildings. Common premises liability accidents on government property include slips and falls due to uncleared snow or ice on public walkways, accidents caused by poor lighting in government-managed areas, and injuries from damaged public infrastructure, such as park and playground equipment.
Bringing a case against a municipality involves additional steps and considerations. Potential legal immunities, notice requirements, and conditions on the statute of limitations can complicate these cases, making it crucial to consult an attorney before proceeding with your claim.
Residential Homeowners
Homeowners also must ensure their property is safe for guests, service people, and even unsolicited visitors in some cases. The level of care owed can vary depending on the visitor's status (invitee, licensee, or trespasser). Still, generally, homeowners must adequately warn of known dangers or rectify dangerous conditions that could lead to injury.
Do You Have Grounds for a Claim?
Though it may seem daunting, if you were injured due to another party's negligence or recklessness, exploring the option of filing a premises liability claim may be in your best interests. If successful, filing a claim can result in a compensation award, which can be applied to your medical bills, lost wages, and other economic and non-economic losses associated with the accident.
You may have grounds for a claim if your injury was due to:
- Poorly maintained conditions.
- Inadequate security measures.
- Defective conditions on the property.
- Unexpected hazards without proper signage.
- Negligence in adhering to building codes and safety regulations.
Bringing a Case Against a Municipality or Government Agency
Bringing a case against a municipality requires adhering to specific procedural rules, such as filing a notice of claim within a certain period post-accident. These cases can be challenging due to sovereign immunity protections, making it imperative to seek legal guidance.
For instance, if you are filing a claim against the City of New York for premises liability, you are required to file a notice of claim, alerting the City to your intention to sue. This initiates a 30-day waiting period, during which you must also satisfy any demands for a pre-lawsuit hearing. Only after these steps can you proceed to file your lawsuit in court.
However, this, too, is time-sensitive, as your court filing must be made within one (1) year and 90 days from the date the incident occurred. This layered process underscores the importance of seeking professional guidance from a seasoned attorney like ours at Foley Griffin.
The Benefits of Legal Representation
The nuances of premises liability cases involving property manager negligence highlight the importance of professional legal advice. At Foley Griffin, we advocate for those injured due to negligence. If you believe you have suffered an injury under such circumstances, whether on privately owned property or municipal property, we are here to provide guidance.
Contact us online to schedule a consultation.