If you were injured by a criminal assault by a third party while you were on another鈥檚 property, you may be able to bring a premises liability claim against the property owner. Call today to schedule a consultation with a premises liability attorney to discuss your situation.

To avoid聽Premises Accidents, as a property owner in New York, you are responsible for keeping it safe for visitors. When you don鈥檛 recognize and remove hazards on the premises, it could result in someone getting hurt. If you or someone you know was injured due to a negligent property owner, you should speak with the experienced attorneys at 91原创视频amp; Aspromonte Associates LLP to get assistance with obtaining compensation for your losses.

Get in touch with us today to speak with a knowledgeable premises liability attorney in New York City.

An Overview of Premises Liability

There are thousands of people who are injured each year while in someone else鈥檚 home or business. These injuries can occur on stairs, a patch of ice or snow, building defects or intentional or criminal acts of a third party. The premises liability laws that are in place have guidelines that place certain duties on property owners or occupiers in order to protect visitors from dangerous conditions or property defects. By law, property owners must keep their properties reasonably safe for people.

If you have been injured on a property that belongs to someone else, contact 91原创视频amp; Aspromonte Associates LLP Associates in New York, NY to receive legal advice about your case.

For a free legal consultation, call聽(212) 732-2929

Maintaining a Safe Property

A person who owns a property or is in possession of one is legally responsible for maintaining safe premises. The responsibilities of the owner varies from state to state and how the visitors of the property are classified. An experienced attorney can be consulted regarding the law of premises liability in New York and can provide you with advice about your duties as a property owner.

Hazardous Substances on the Premises

There are a variety of toxic substances that include things you may not think is hazardous, or weren鈥檛 viewed as hazardous when they were being used. For example, lead-based paint, asbestos shingles or insulation, mold and fluids that drained from vehicles.

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FAQs About Premises LiabilityWhat is Premises Liability?

This an area of law that has set forth guidelines about the duties property owners or occupiers have to protect entrants from property defects and dangerous conditions.

What is a Licensee?

This is an individual that enters the premises with the implied or express permission of the landowner for his or her own purposes, rather than for the benefit of the landowner. For example, a social guest would be considered a licensee.

FAQs about Premises Liability

Toxic Substances on Premises Liability

Third Party Criminal Acts

It鈥檚 possible for premise liability cases to involve criminal acts by a third party that was on another person鈥檚 property. Generally, property owners aren鈥檛 required to protect people on their property from criminal acts that are led by third party persons that have no special relationship to the landowner. Also, commercial property owners aren鈥檛 required to insure the safety of customers entering the space and has no responsibility to protect them from unforeseen criminal acts.

The Liability of Landlords and Tenants

There are certain circumstances where a tenant and landlord is held liable for injuries that occur on the premises. For instance, if you are injured in a store where the store owner is a tenant and the shopping center is the landlord; or when you are injured at a friend鈥檚 apartment. It is the responsibility of the tenant and the landlord to take care of the premises to ensure it is in reasonably safe condition.

The Duties of Occupiers and Property Owners

The responsibilities of property owners and occupiers vary from state to state. In most cases, possessors and property owners have some degree of liability for the people that come onto their property, depending on how the entrants are categorized. There are three categories of people that come to someone鈥檚 property: invitees, licensees and trespassers. The responsibility of the landowner or occupier varies based on the category of the entrant.

Resources for Premises Liability

Fact sheet of playground injuries

Find info about injuries that take place on public playgrounds, brought to you by the CDC.

The evolution of crime prevention using environmental design in premises liability

This showcases a survey of premises liability cases that involve victims of crime suing the managers and owners of properties where the crime occurred.

Topics about safety, injury and violence

Info and stats regarding injury and accident causes and prevention, brought to you by the CDC.

Safety concerns

Read articles about accident prevention and safety, including construction accidents, using MedlinePlus, an NIH service.

Injuries caused by falls, trips and slips

Understand the primer for business regarding the law of premises liability, provided by the Graziadio Business Review.

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The post Educate Yourself About Premises Liability in New York appeared first on New York Personal Injury Lawyers.

An owner or occupier of a property has a legal duty to keep their premises safe. The responsibilities of the owner or occupier varies in different states and is based on the classification of the entrant. This is why having a premises liability lawyer for your case is a good idea. You can contact the attorneys at Dankser & Aspromonte Associates in New York, NY to go over the details of your case.

Duty to Safeguard Premises Based on Entrant Classification
According to traditional common law theories, the property owner, possessor or occupier has different duties to those who enter their property based on the classification of the entrant. Entrants are classified in three categories, licensees, trespassers and invitees. An invitee is an individual that receives an expressed or implied invitation to the property by the landowner. A licensee is an individual who goes onto a property with the landowner鈥檚 implied or expressed permission, but for his or her own purposes, not for the benefit of the landowner 鈥� for example, a social guest. A trespasser is an individual that goes onto property without the permission of the owner.

Back to Main
Premises Liability 鈥� An Overview
Keeping the Premises Safe
Toxic Substances on the Property
Criminal Acts by Third Parties
Liability of Tenants and Landlords
Duties Owed By Property Owners and Occupiers
Frequently Asked Questions About Premises Liability
Premises Liability Resource Links
Premises Liability Contact Form
Our New York personal injury attorneys have handled numerous premises liability cases for clients throughout the New York City metropolitan area.

Invitees: The landowner is required to use reasonable and ordinary care to safeguard their property for the invitee. This would include notifying the invitee of hazardous conditions that aren鈥檛 obvious, but are known to the landowner. The landowner must also exercise ordinary care in the conduct of the land鈥檚 active operations and conduct reasonable inspections of the property to locate and fix dangerous conditions.

The surrounding circumstances dictate the reasonableness of an inspection. However, for business owners, it would likely be expected for there to be regular, periodic inspections of certain areas where customers frequent. If there are dangerous conditions found by the landowner, but wouldn鈥檛 be obvious to an invitee, like loose flooring, the landowner mush notify the invitee. However, if the danger is so obvious to where the invitee would see it, then the landowner doesn鈥檛 have to notify the invitee.

Licensees: If there is a dangerous condition that an owner or occupier knows of that could potentially harm a licensee, but the licensee is unlikely to see, then the owner or occupier must warn the licensee. For example, a homeowner would have to notify a social guest about a non-obvious hazardous condition, like a broken handrail or floorboard that looks fine. It is not required of property owners to inspect for defects or repair them for a licensee. It鈥檚 also not required of a homeowner to check for dangers before throwing a party. However, the occupier or owner is responsible for exercising reasonable care in the conduct of active operations in order to protect licensees that are known to be on the property.

Trespassers: Owner and occupiers of a property aren鈥檛 obligated to undiscovered trespassers. A property owner who does discover a trespasser on his or her property does have the duty to use ordinary care to notify the trespasser or to make safe artificial conditions that could potentially seriously harm or lead to death of the trespasser that he or she wouldn鈥檛 likely discover. If a trespasser is found on the property, the owner or occupier must warn him or her of dangerous conditions that is not likely to be discovered by the trespasser, like a hold in the ground that isn鈥檛 really visible.

A lot of jurisdictions today follow the common law of classifications. However, there are some in the U.S. that don鈥檛 recognize the common law classes of entrants when it comes to determining liability. Some states have adopted a rule that gives the owner and occupiers the duty of providing reasonable care under all circumstances.

For a free legal consultation, call (212) 732-2929

Condition of the Property
In a lot of states, the owner or possessor of the property has to exercise reasonable care to ensure the safety of their property for customers, social guests and employees. This typically means that the owner of the property has to periodically inspect the property and either repair the dangerous conditions or provide sufficient warnings of the dangers to entrants.

How often inspections are performed and the decision to repair or warn about a dangerous condition is dependent upon various factors. For instance, it may be required of a property owner to make frequent inspections for the lobby of a building that has constant visitors coming in and out of them, compared to an interior room that has restricted admission and infrequent use. It is likely that the exercise of reasonable care would consist of the owner replacing blown light bulbs in a dark stairway or hanging a sign to draw attention to a slight incline on a wall in a hallway that is well-lit. Whether the efforts of the property owner are reasonable is determined by all of the circumstances surrounding the property鈥檚 nature and use.

Call a Premises Liability Attorney
The classification of an entrant determines the land owner鈥檚 or occupier鈥檚 duty to keep a premises safe. Call the lawyers at Dankser & Aspromonte Associates in New York, NY to schedule a consultation for your premises liability claim and see what your available options are.

Our team of personal injury attorneys has experience helping clients with cases involving car accidents, construction accidents, severe injuries, wrongful death, and other complex situations.

Call or text (212) 732-2929 or complete a Free Case Evaluation form

The post Safeguarding a Property appeared first on New York Personal Injury Lawyers.

The owners or occupiers of a property have a responsibility for anyone who enters their property. In most states, there are three types of entrants: invitees (individuals who are specifically invited to a property), licensees (individuals on the property for their own benefit), and trespassers (individuals who weren鈥檛 invited or wanted on the property). The responsibilities of the property owner or occupier vary depending on the classification of the entrant. If you have been injured while on someone else鈥檚 property, it鈥檚 necessary that you know your classification since that will affect your case.

Negligence
In most cases, when an individual falls on someone else鈥檚 property, the owner or person that鈥檚 occupying the property was the one negligent. In order to prove this argument, the plaintiff has to show evidence that the defendant failed to perform a duty or failed to perform said duty correctly or within a certain standard. Evidence must also be revealed that shows that the lack of action or quality was what caused the plaintiff鈥檚 injury. Whether the plaintiff was an invitee or licensee to the property will also have an effect on the landowner鈥檚 or possessor鈥檚 duty to the injured party.

Back to Main
Premises Liability 鈥� An Overview
Keeping the Premises Safe
Toxic Substances on the Property
Criminal Acts by Third Parties
Liability of Tenants and Landlords
Duties Owed By Property Owners and Occupiers
Frequently Asked Questions About Premises Liability
Premises Liability Resource Links
Premises Liability Contact Form
Our New York personal injury attorneys have handled numerous premises liability cases for clients throughout the New York City metropolitan area.
For a free legal consultation, call (212) 732-2929

The Classification of Entrants
The responsibility of the property owner or occupier changes depending on how the individual is classified. There are some states that state that the owner or occupier of the property has a duty to entrants no matter their status. The status is what determines if the injury was foreseeable or preventable, which then determines if the owner or occupier is liable for negligence. The classification of entrants has been expanded in some states.

Invitees
An invitee is a person that comes to a property after receiving an implied or expressed invitation from the occupier or owner. For example, customers that go into a store or office for an appointment are considered invitees. The occupier or owner is most responsible for invitees. It is their responsibility to keep their place of business safe for customers. This includes warning them of dangerous conditions that aren鈥檛 obvious to invitees. All necessary maintenance and care must also be performed, along with regular inspections to find hazardous situations. The owner or occupier isn鈥檛 required to warn if the danger is obvious enough for the invitee to see.

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Licensees
A licensee is an individual that enters onto a property after receiving expressed or implied permission of the occupier or owner, but for his or her own benefits, not the property owners. For example, a social guest is considered a licensee. Like with invitees, it is required of the owner or occupier to warn licensees of any known dangerous conditions or risks. The owner or occupier isn鈥檛 required to inspect the property for dangers and risks or repair conditions that are found. However, they are required to take all reasonable precautions or actions to protect licensees from harm from hazards that are known to be on the property.

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Trespassers
A trespasser is an individual who was given no authority to enter onto the premises. He or she enters onto a property without the expressed or implied permission of the occupier or owner. In this case, the owner or occupier isn鈥檛 held liable for the trespasser, if it is unknown that they were on the property. Once they do know, it is their duty to take all ordinary precautions to let the trespasser aware or take steps to nullify conditions that are known that could hurt or kill the trespasser. If an owner or occupier finds out that trespassers regularly enter their property and someone gets injured due to unsafe or negligent actions, then the owner or occupier is liable. Plus the following must be true:

1. The owner or occupier maintained or created the unsafe condition.
2. The conditions could potentially cause serious injury or death.
3. The owner or occupier didn鈥檛 take reasonable care to warn or notify the trespassers of the present danger or hazardous situation.
   Children Trespassers
   The rules change when it comes to child trespassers. In injury cases involving child trespassers, the owner or occupier of the property is responsible to take all precautions to prevent any foreseeable harm from coming to the children due to created conditions. A lot of children aren鈥檛 always aware of potential dangers and may even want to explore certain areas like heavy machinery or pools. These are known as attractive nuisances and should be addressed by the occupier or owner as soon as he or she learns of them.

In order to prove that the owner or occupier was negligent in his or her duty, evidence must show the following:

1. There was a dangerous or harmful condition that the occupier or owner should have known about.
2. The owner or occupier knows that children trespass near such conditions or should know.
3. The child trespassers weren鈥檛 able to understand or see the dangerous situation.
4. It was cheaper to repair or change the dangerous condition than for the actual danger itself.
   Get in Touch with a Premises Liability Lawyer
   If you鈥檝e been injured while on someone else鈥檚 property, you could potentially seek recovery from the occupier or owner. However, this is dependent upon whether you were an invitee, trespasser, or licensee. Your classification will play a part in how your case is handled. It鈥檚 a good idea to speak with an experienced attorney to go over your case.

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We provide dedicated representation for victims of personal injury cases, from car and construction accidents to serious injuries, wrongful death, and beyond.

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The post Responsibilities of Property Owners and Occupiers appeared first on New York Personal Injury Lawyers.

For a free legal consultation, call聽(212) 732-2929

Most bars and clubs are bound to provide you with a reasonably safe environment from known harm while in their establishment. However that doesn鈥檛 mean that if a fight erupts between two patrons and you get caught in the middle that you will automatically be compensated for any injuries you suffer from the bar. Frequently there is no basis for compensation to be paid. A club or bar does not act as an insurer so that they guarantee you won鈥檛 be hurt while in their club or bar. You can always sue the participants but most of the time it will be a dead end.

The law requires reasonable care and that requires that they know or should have known of a particular harm in advance to give them an opportunity for them to correct it or protect against it.

In the example above, if the patrons spontaneously get into a fight without any warning, then the club is not responsible. If they had been in a fight the night before and the staff heard one of them threaten to kill the other, then that may establish the basis for possible liability if they get into it again the following night after the club lets them in again and you get hurt.

Now if the bouncer from the club gets into a fight with a patron and you get hurt, then the club may be responsible if it can be shown that the bouncer was doing his job in a negligent fashion.

Also, if it can be proven that the person that initiates the fight was drunk and that he was apparently and obviously drunk when he was served alcohol at the bar and then got into the fight, you may have what is called a Dram Shop action against the bar for essentially negligent service of alcohol.

None of these claims are easy to prove. So if you were injured in a bar, consult with an experienced聽premises accidents聽attorney who know the law as soon as you can.

We have helped clients obtain justice and compensation in a variety of personal injury cases, such as car accidents, construction accidents, wrongful death, and severe injuries.

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The post Bar fights are a regular occurrence in many NYC clubs appeared first on New York Personal Injury Lawyers.

But technically, a bouncer is just considered another employee of the club or bar, and unless they have received special training and been certified as security personnel, they have no legal right to touch anyone else in the club in a physical, forceful manner. Obviously, most of the public does not know this, and in some cases, the bouncers themselves, as well as the bar owners, don鈥檛 know this either. So many cases of bouncer-caused injuries often go unreported, but if you have been injured by bouncers at a club or bar, you may have the right to sue.

For a free legal consultation, call聽(212) 540-2984

New York聽personal injury聽lawyers will first tell you that bouncers do have the right to defend themselves, so if this is a case where you attempted to assault a bouncer, then you might not have any rights to compensation for your injuries. However, if the bouncer harmed you without just provocation, or if additional bouncers all banded together and physically harmed you, then it is possible that they or the owner of the establishment can be held liable.聽Contact聽a NY personal injury attorney today for a free consultation and to discuss the details of your case.

From car accidents to construction accidents and cases of wrongful death, our dedicated personal injury attorneys are here to provide expert representation.

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The post Were You Injured After Bouncers 鈥渞emoved鈥� You From A Bar Or Nightclub? You May Have The Right To Sue. appeared first on New York Personal Injury Lawyers.

Landlord Responsibilities

According to the Office Bill de Blasio, Public Advocate for the City of New York, landlords have a variety of important responsibilities to their properties and the tenants that reside in them:

• Heat and Hot Water: New York City building owners have a legal responsibility to provide heat throughout the winter season, extending from October 1st to May 31st. Hot water will be provided year-round.
• Duty to Repair: Landlords are responsible for keeping the public area of a building and individual apartments in 鈥済ood repair.鈥� This means that they are sanitary and free of garbage, vermin, and other material that may be deemed offensive. Landlords will be required to maintain heating, sanitary, plumbing, ventilating, and electrical systems, and all appliances installed by the landlord will be in safe working order. Functioning carbon monoxide and smoke detectors are required in all apartments.
• Clearing Lead Paint Hazards: A landlord has the duty to ensure apartments are free of lead paint hazards, which can cause severe health problems for residents. When applicable, landlords must hire trained workers with experience in lead-safe work practices to remove or cover walls and other areas in which lead-based paint may be peeling.
• Entering a 91原创视频: Landlords in New York City can only enter the apartment of a tenant for an emergency repair, non-emergency improvements and repairs, and apartment inspections. An emergency repair will require no advanced notice, but non-emergency improvements and repairs require an advance notice of at least one week. Inspections require a 24 hour notice in writing.
• Unlawful Eviction: A landlord must not evict a tenant without a proper eviction warrant. For example, should a landlord change the locks on an apartment without providing the tenant with a new key, it may be considered an unlawful eviction. All unlawful evictions should be taken to the New York City Housing Court or reported to the local police precinct.

For a free legal consultation, call聽(212) 732-2929

Commonly Provided Maintenance

New York City landlords provide a variety of maintenance services designed to allow residents to live in a safe and comfortable environment. Some of the most commonly provided maintenance activities include the following:

• HVAC repairs, such as faulty or broken heating or air conditioning systems.
• Broken apartment appliances, such as refrigerators, stoves, and garbage disposals.
• Broken community appliances, such as an elevator or the washer/dryer in a shared laundry facility.
• Plumbing issues, including leaks from sinks or toilets.
• Changing light bulbs, either in individual apartments or in public areas.
• Electrical issues, including power failures, which are commonly due to an overloaded circuit.

Inadequately Provided Maintenance

If your apartment is experiencing a maintenance problem that is affecting the entire building, you can make an anonymous complaint with the Department of Housing Preservation and Development. Some of the most common complaints against landlords regarding inadequately provided maintenance include:

• No hot water
• Windows that are stuck closed or open
• Ceilings or walls with cracks, holes, and water leaks
• Unsanitary conditions due to pests or mold
• Electrical problems such as defective outlets or no lighting
• Missing or broken intercoms, buzzers, or doorbells
• Stairs or floors that are unsafe or damaged
• Plumbing problems with toilets, showers, bathtubs, or sinks
• Shut off cooking gas
• Major safety issues, including missing smoke detectors or blocked/broken fire escapes

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Recording Landlord Interaction

If you are having a dispute with your landlord, there are some helpful tips that you can follow to record your interactions. Contacting your local center for tenant resources can also provide advice on how to record your landlord interactions.

• Keep Copies of Received Notices: Whether your landlord is coming in to do an inspection or will be modifying your lease, it is important to keep a copy of any notice that you might receive. This could be helpful if a dispute arises later on down the road.
• Take Pictures: If your apartment has experienced damage or is in some state of disrepair, taking pictures can be helpful for documenting the problem. You can use these pictures to fully explain the extent of the issue to your landlord, or if necessary, these images could serve as important evidence in future complaints or legal proceedings.
• Document Your Attempts to Contact Your Landlord: If you have a problem that you would like your landlord to resolve, it is important to document your attempts to contact him. Send written requests and keep copies of the documents. You could have a good case for lodging a complaint if you have ample evidence that you tried to contact your landlord and no action was taken to resolve your problem.

If your landlord fails to provide services that maintain the basic essential services needed for you to live comfortably, you can report the problem by contacting 311 or the City鈥檚 Citizen Service Center, which is open 24/7. If the problem persists or if your landlord refuses to correct the conditions, you can take direct legal action by filing a complaint known as an HP Action with the New York City Housing Court.

From car accidents to construction accidents and cases of wrongful death, our dedicated personal injury attorneys are here to provide expert representation.

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The post NYC Tenant Rights 鈥� Know Your Rights & Responsibilities as a Tenant appeared first on New York Personal Injury Lawyers.