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Explaining the Laws of Premises Liability

New York Personal Injury Lawyers
Explaining the Laws of Premises Liability

When someone enters the property of another legally, that guest enjoys several different rights of protection.  In addition, the owners and/or managers of that property have duties and responsibilities to all entrants onto their property who are foreseeable.  Unfortunately, some entrants onto a property are not kept safe from harm, and when someone is injured it gives rise to an analysis of the situation under New York premises liability law.  Below is a look at this complicated legal scenario, and if you or someone you love has been harmed in this manner, seek the help of New York personal injury lawyers as soon as possible.

Duties of Property Owners and Managers

As stated above, there are several duties and responsibilities that must be met by owners and/or managers of a property in order to keep foreseeable entrants onto that premises safe.  These duties include:

1. Recognizing dangerous conditions on the property that could harm entrants;
2. Removing these dangerous conditions if possible; or
3. Clearly warning property entrants of the dangerous condition that they may not notice otherwise.

If a property owner or manager fails to meet these standards, he or she could be found liable if a foreseeable entrant onto the property is injured as a result of the dangerous condition.  Liability can attach as well if the property owner/manager does not notice the dangerous condition but should have noticed it.

Legal Statuses of Property Entrants

In order for someone to properly pursue legal liability against a property owner or manager, the injured person must first understand the concept of legal status.  Below is a brief overview of the different legal statuses that exist in New York:

• Invitee – An invitee is a person who is generally invited onto the property of another for the purpose of conducting business or commerce.
• Licensee – A licensee is a person who is invited onto the property of another for a specific purpose such as a party.  This ‘license’ to be on that property expires when the event has concluded.
• Trespasser – A trespasser is someone who does not have legal permission to enter the property and is not someone who would be considered a foreseeable entrant.

Based on the legal statuses above, the property owner or manager owes the duties previously explained to invitees and licensees until the license expires, but they do not owe these duties to trespassers absent a few narrow exceptions.

If you or someone you love has been harmed while legally on the property of another, you need to seek the help of New York personal injury lawyers who have been holding property owners and managers accountable for the harm they have caused for nearly 40 years.  Contact Fitzgerald & Fitzgerald today to schedule a free initial consultation.