Premises Liability

On September 15, 2016, in Personal Injury, Premises Liability, by John A. Weber IV, ESQ.

Premises Liability

This article is intended to give some insight into some interesting New York caselaw with regards to premises liability.

Eischelbaum v. Douglas Elliman, LLC, 52 AD3d 210 – a real estate broker does not possess the required level of control over a property they are showing to be held liable for dangerous conditions on the property.

Johnson v. City of New York, 7 A.D.3d 577 – when a property manager is furnished with violent crime statistics by housing authority police, a question of fact exists as to forseeability of crime and the need for security.

Singh v. United Cerebral Palsy of New York City, Inc., 72 AD3d 272 – where there is no exclusive service agreement for malfunctioning automatic elevator door for the premises, an issue of fact exists as to exclusive control and where premises liability lies.

These are a few of the issues that arise with premises liability actions in New York.  And the fact of the matter is that this type of personal injury action is very complex.  But, it is important to grasp premises liability concepts because not knowing where liability lies, can cost you a very lucrative award for injuries that are sustained at the premises.

The standard of care is that a landlord or property owner has a duty to maintain the property in a reasonably safe manner.  Other factors that arise in these cases are the duty to warn, relationship of plaintiff to the property (tenant, licensee, etc.), forseeability, dangerous conditions, defects in design or construction and actual and constructive notice.

Personal Injury Attorneys

If you or someone you know has been injured on a piece of property owned by another person, call the Law Firm of Vaughn, Weber & Prakope, PLLC at (516) 858-2620 to speak to a personal injury attorney.

(Image from ABC7ny.com)

Car Crashes into Bus Stop

An out of control car caused a Nassau County bus stop crash.  Four people were injured in the crash as reported by News 12 and can be read here.  Faulty equipment and failure to maintain a motor vehicle can lead to accidents like the one in New Hyde Park when a blown tire caused a car to crash into a bus stop.  People may not realize that, depending on the reasons for the tire failure, the owner and driver can be liable for injuries caused by faulty equipment or maintenance failures in New York motor vehicles.

Many times, car crashes and the resulting liability is clear cut.  Other times it is very difficult to determine where the fault lies in car crashes.  Juries are taxed with the burden of deciding how to apportion fault in personal injury trials.  It is almost impossible to predict jury outcomes and any lawyer will tell you that.  Therefore it makes logical sense to spend time maintaining your motor vehicles and do your very best to avoid preventable car crashes.

Personal Injury Attorney in Nassau County

If you or someone you are concerned about have been injured in a motor vehicle accident of any kind, call the Law Firm of Vaughn, Weber & Prakope, PLLC at 516-858-2620 today. Remember, successful litigation is no accident.

 

 

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