Premises liability is one theory by which a personal injury victim can demand compensation from a negligent commercial property owner. If you’re being targeted in a premises liability lawsuit, you need aggressive legal defense. You can count on the New York personal injury defense attorneys of Rosenbaum & Taylor. We investigate claims against our clients with an eye toward quick, expeditious resolution of the dispute. Reach out to us today if you’re facing a commercial premises liability claim.
What is premises liability?
Commercial property owners, such as businesses, are required to keep their properties reasonably safe. If someone is injured on the property, there’s a possibility the landowner could be responsible. In a premises liability case, the victim will seek compensation based on an alleged unsafe condition on the property. To recover compensation for his or her injuries, the victim has to prove the following elements:
Lawful presence on the property. In New York, the injured victim must have been lawfully on the commercial property at the time of injury. This usually means the owner of the property invited the victim or hired him or her to do work there. Provided the victim was there for a legitimate purpose, there’s a good chance this requirement will be met.
An unsafe or defective condition on the property. This could be anything from a slick substance on the floor to falling debris from up above. Basically, anything that makes the property less safe could put you on the defensive after an injury.
The owner knew about the condition but failed to fix it. As a commercial property owner, you are expected to know about reasonably identifiable dangers on your land. If you fail to make repairs, or you make inadequate repairs, you could be held liable.
The owner’s negligence caused injury to the victim. At this point, the victim will allege he or she was injured because of the above criteria being met. This last element requires proving the extent of the injuries, which usually include medical bills and lost time from work. These form the plaintiff’s demand for damages from you, the defendant.
You deserve a trusted New York personal injury defense attorney who understands how these criteria work. After an individual suffers an accident, you or your premises liability insurer will probably hear from that person’s attorney. The lawyer may demand compensation at that point or threaten a lawsuit. What should be your next step?
Defending against a commercial premises liability lawsuit
Having a skilled New York injury defense lawyer means having someone prepared to fight the allegations against you. Whether you are the commercial landowner or the insurer, you deserve an aggressive legal strategy. Here are some possible ways to defend you against the claim:
The victim was a trespasser. If the victim had no right to be on the property, it’s considerably harder to sue the landowner. But not impossible. The property owner must not have been aware that the victim was trespassing.
Efforts were made to fix or warn about the unsafe condition. You may have begun work to fix the property hazard at the time of the accident. Or, you may have posted sufficient warning signs that the victim disregarded and got injured. Your attorney needs to know the details of how, and whether, you addressed the danger.
Disputing the damages. Damages are the money portion of the lawsuit, and therefore one of the most contentious parts of premises liability claims. There’s a good chance the plaintiff’s attorney will exaggerate the extent of the medical bills and lost income. You may require an experienced expert witness who can dispute the amount of money being demanded of you.
New York Businesses Can Count On Rosenbaum & Taylor For Their Legal Defense Needs
Regardless of the allegations, a knowledgeable New York commercial premises liability defense attorney will defend you on every front. The important thing is not to delay retaining an attorney. If your commercial property is facing a liability lawsuit, turn to Rosenbaum & Taylor. We can also help if you’re an insurer defending against one of these claims. Give us a call today to schedule your consultation.