Determining Responsibility for Injuries on New York Premises

Western New York Personal Injury Law Blog

Determining Responsibility for Injuries on New York Premises

When an individual enters someone else’s property, he or she has an expectation of safety while on the premises. The individual who owns the property or who resides at the property may have a duty to keep the visitor safe. However, the party who sets foot on someone’s yard or enters a residence also has a duty for their own safety.

In most cases, the status of the person on the property determines if there is any care due to them. For instance, someone who trespasses on the property is there without consent, which means that he or she has no expectation of safety. However, an invitee or social guest was invited onto the property and does have an expectation of safety. Another factor that a court may consider is whether or not an accident could have been foreseen or prevented before it happened.

If an adult takes actions that could increase the risk of an injury, the visitor could be held partially liable for his or her injuries. The standard of care is usually higher when it comes to children. A property owner has a duty to warn of any dangers if he or she knows or should know that children could be on the premises.

An individual who is hurt on on someone else’s property due to a dangerous condition may be entitled to compensation for the damages related to those injuries. An attorney who has experience in personal injury litigation can assist an injured client in attempting to negotiate a settlement that includes money for medical bills, lost wages and other damages. In the event that a settlement cannot be reached, a jury may award the plaintiff compensation after a trial.


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