Common Premises Defects That Lead to Injury Claims in New York
In New York, property owners have a legal obligation to maintain safe premises. When a property owner neglects this duty, dangerous conditions can result in severe accidents and injuries. When this happens, the victim can file a premises liability claim and seek compensation for their injuries and damages. Understanding the common premises defects that lead to injury claims is crucial for determining if you might have a valid claim.
Below, we look at some of the most common premises defects that lead to injury claims throughout New York state.
- Slip and Fall Hazards
Slip and fall accidents are among the leading causes of premises liability claims. Common causes of slip and fall accidents include;
- Wet floors with no warning signs
- Snow and ice
- Uneven flooring, loose rugs, or damaged carpets
- Spilled liquids or foods
- Poor lighting
When it comes to removing snow and ice, New York law requires property owners to do so within a reasonable time after a storm. Failure to do so can result in liability if someone slips and falls and suffers an injury.
- Falling Objects
Falling objects are a common cause of injuries in retail stores, construction sites, and warehouses. Unstable displays, improperly secured shelves, or items stacked too high can fall and hit customers or employees. Such accidents can result in head injuries, fractures, and even traumatic brain injuries.
- Inadequate Security Measures
Premises liability not only applies to physical defects. It extends to instances where property owners neglect to provide adequate security. A property owner may be held liable if someone is assaulted and injured due to;
- Poorly lit parking lots, hallways, or stairwells
- Failing to hire security staff
- Lack of security cameras
- Malfunctioning locks or security gates
- Elevator and Escalator Malfunctions
In New York, elevators and escalators are common in commercial and residential buildings. Faulty escalators and elevators pose significant risks, including doors closing too fast and being trapped between an escalator.
- Staircase Defects
Preventable staircase defects that frequently result in injuries in New York include;
- Broken or uneven steps
- Missing or loose handrails
- Tilting
- Slippery surfaces
- Inadequate lighting
- Dangerous Substances
Exposure to hazardous substances on a property can also give rise to a premises liability claim. Dangerous substances in buildings include;
- Asbestos in older buildings
- Mold growth in poorly maintained buildings
- Toxic chemicals
- Improperly maintained lead-based paint
- Poor Lighting
Poor lighting in a building can make it hard to see obstacles, stairs, or uneven surfaces, increasing the risk of slips and falls. Poor lighting can also increase the risk of assaults. Property owners are legally obligated to ensure common areas are well-lit.
How to Protect Your Rights After a Premises Injury in New York
After sustaining an injury due to a preventable defect in a premise in New York, here are the steps to build a strong premises liability case;
- Report the incident immediately
- Take pictures and videos of the defect and your injuries
- Gather witness information
- Seek prompt medical attention
- Consult with a skilled New York personal injury attorney
Premises liability cases in New York can be complex, which is why it’s crucial to retain an attorney. A skilled lawyer can investigate the incident, collect evidence, and advocate for your deserved compensation.
Contact a Long Island Premises Liability Lawyer
If you’ve suffered an injury on someone else’s property due to their negligence, contact our experienced Long Island premises liability lawyers at Jacobson Law to schedule a consultation and discuss your case.
Source:
nyc.gov/site/dsny/what-we-do/snow-response/snow-laws.page