When someone is injured on another person’s property, the property owner may be held responsible for the injuries that occur. This is known as premises liability. In Buffalo, like in other parts of New York, property owners have a legal duty to ensure their premises are safe for visitors. Understanding the responsibilities of property owners and the rights of those who are injured is important for everyone. In this discussion, we will explore the key aspects of premises liability, how it works, and what property owners need to do to avoid liability. At, Friedman & Ranzenhofer, PC , we are here to guide you through the legal process and help you navigate the complexities of your case.
What Is Premises Liability?
Premises liability refers to the legal responsibility that property owners have for accidents and injuries that happen on their property. This legal concept applies to both public and private property, including homes, businesses, and even rental properties. If someone is hurt due to unsafe conditions, the property owner may be required to compensate the injured party.
The types of accidents that fall under premises liability include things like slip and falls, injuries caused by faulty structures, or even accidents involving unsafe walkways. The main issue in these cases is whether the property owner took reasonable steps to ensure that their property was safe for people who were lawfully on it. If the property owner failed to do so, they could be held liable for any injuries that result from their negligence.
Types of Visitors and Property Owner Duties
The responsibilities of property owners vary depending on the type of visitor. In premises liability cases, visitors are typically divided into three categories: invitees, licensees, and trespassers. The level of care that a property owner owes to a visitor depends on the category that the visitor falls into.
Invitees are people who are invited onto a property for a purpose that benefits both the visitor and the property owner. For example, a customer at a grocery store would be considered an invitee. Property owners owe invitees the highest level of care. They must regularly inspect their property for potential hazards, repair any dangerous conditions, and warn invitees about risks that cannot be immediately fixed.
Licensees are visitors who have permission to be on the property, but they are there for their own purposes. An example would be a guest at a private residence. Property owners must make their property reasonably safe for licensees by addressing known dangers. However, they are not required to inspect their property as thoroughly for licensees as they are for invitees.
Trespassers are individuals who enter a property without permission. In general, property owners do not owe a duty of care to trespassers except to avoid intentionally harming them. There are some exceptions, however, especially when children are involved. Property owners need to be aware of attractive nuisances, like swimming pools or playground equipment, which might draw children onto the property. In these cases, property owners can be held responsible if a child is injured.
Common Causes of Premises Liability Claims
There are many situations where property owners may be held liable for injuries that occur on their property. One of the most common types of premises liability claims involves slip and fall accidents. These accidents often occur when there are wet floors, uneven walkways, or other hazards that cause someone to lose their footing. If a property owner knew about the hazard or should have known about it and failed to fix it, they could be responsible for the injuries.
Another common cause of premises liability claims is faulty or poorly maintained structures. This includes things like broken stairs, loose handrails, or collapsing ceilings. Property owners are expected to keep their buildings in good repair. If they fail to do so and someone is injured, they can be held accountable for those injuries.
In addition, inadequate security can lead to premises liability claims. Property owners, especially those who own businesses, have a duty to provide reasonable security measures to protect their visitors. If a person is assaulted or injured because of poor security, such as broken locks or insufficient lighting, the property owner may be found liable.
Dog bites are another source of premises liability claims. In New York, dog owners can be held responsible if their dog bites someone on their property, especially if the dog has a history of aggression. Owners are expected to take steps to prevent their dogs from causing harm to others.
Proving a Premises Liability Case
To successfully hold a property owner responsible for an injury, certain elements must be proven. First, it must be shown that the property owner had a duty to ensure the safety of the injured person. This depends on the type of visitor, as discussed earlier. Next, it must be proven that the property owner breached that duty. This usually means showing that the property owner either knew or should have known about the dangerous condition and failed to take action.
In addition, it must be proven that the breach of duty directly caused the injury. This means that the dangerous condition must have been a significant factor in causing the accident. Finally, the injured person must prove that they suffered damages as a result of the injury. Damages can include things like medical bills, lost wages, and pain and suffering.
Defenses to Premises Liability Claims
Property owners are not always automatically responsible for every injury that occurs on their property. There are several defenses that property owners may use in a premises liability case. One common defense is the argument that the injured person was at fault for their own injury. If the injured person was not paying attention or was behaving recklessly, the property owner might not be held liable.
In some cases, property owners argue that they did not know about the dangerous condition and that it was not reasonable to expect them to have known about it. For example, if a spill occurred moments before the accident and the property owner did not have time to clean it up, they may not be found liable.
Property owners may also argue that the dangerous condition was so obvious that the injured person should have noticed and avoided it. This is called the open and obvious defense. If a hazard is clearly visible and the injured person did not take reasonable steps to avoid it, the property owner might not be held responsible.
Statute of Limitations for Premises Liability in New York
In Buffalo and throughout New York, there is a time limit, called a statute of limitations, for filing a premises liability claim. In most cases, the injured person has three years from the date of the accident to file a lawsuit. If the injury resulted in death, the family has two years from the date of death to file a wrongful death claim.
It is important to file a claim within this time frame. If the statute of limitations expires, the injured person may lose their right to pursue compensation, no matter how strong their case may be. That is why it is critical to seek legal advice as soon as possible after an injury.
Premises liability cases can be complex. Proving that a property owner was negligent and that their negligence caused an injury requires thorough investigation and a deep understanding of the law. At Friedman & Ranzenhofer, PC, we have the experience and knowledge necessary to help clients navigate these challenging cases. We are committed to ensuring that property owners are held accountable when they fail to meet their responsibilities, and we work tirelessly to help injured individuals get the compensation they deserve.
If you have been injured on someone else’s property in Buffalo, do not hesitate to reach out to us for help. We can guide you through the legal process and ensure that your rights are protected. Contact Friedman & Ranzenhofer, PC today to schedule a consultation and learn more about how we can assist you with your premises liability case.
Robert Friedman
Michael Ranzenhofer
Sam Alba
Justin Friedman
John Dracup