If you were injured on another person’s property, you may have the right to seek compensation for premises liability — regardless of whether the property was commercial or residential. Homeowners have a responsibility to maintain safe premises just like business owners. However, the type of property may affect how you navigate a compensation claim.
A New York premises liability lawyer can guide you through the claim. Read ahead to learn how commercial vs. residential premises liability cases differ, then reach out to a premises liability lawyer in NYC for assistance.
Commercial Property Owners May Have a Higher Duty of Care
The main difference between commercial vs. residential premises liability claims encompasses the duty of care owed by different types of property owners.
In negligence cases, “duty of care” points to a person’s responsibility to prevent harm to those around them. Property owners generally owe a duty of care to certain types of visitors, which requires them to remove hazards and maintain safe premises.
While commercial and residential property owners both owe a duty of care to visitors, commercial owners tend to have a higher duty of care. This is because businesses see much higher foot traffic than homes and tend to explicitly invite visitors more frequently.
Because of this, commercial property owners must follow even stricter safety standards than residential. If your accident happened on business premises, you may have an easier time proving the property owner’s negligence and securing compensation. This is not to say that you cannot also prove negligence in a residential accident case. You may need a New York premises liability lawyer to strengthen the case.
Establishing Negligence in a Premises Liability Case: Residential vs. Commercial
Whether your accident happened on residential or commercial property, you’ll need to prove the four main elements of a premises liability case:
- The property owner owed you a duty of care.
- The property owner breached their duty of care by failing to maintain reasonably safe premises.
- An accident occurred due to this breach.
- You suffered injuries in the accident.
Property owners do not owe a duty of care to every person who steps foot on their properties. New York recognizes three different types of property visitors, and understanding which category you fall into can help you determine how to proceed.
An invitee is someone explicitly or implicitly invited to the property. For example, a grocery store owner invites customers into the store to purchase goods. A homeowner invites friends over for social reasons.
Property owners owe the highest duty of care to invitees, and they owe a slightly lower duty to licensees. These are people who lawfully enter a property for their own benefit. For instance, a patron may enter a gas station to use the restroom and not buy anything; a salesman may enter a person’s home to try to sell them something.
A trespasser is someone who enters a property without permission. Property owners generally do not owe a duty of care to trespassers. The exception is children. For example, a homeowner should install a fence around a pool to prevent a child from wandering into the yard and falling into the water.
A New York premises liability lawyer can evaluate the details of the accident and help you understand what visitor type it falls under.
Accidents on Rental Property: Who Is Liable?
The difference between residential vs. commercial properties is not always cut and dry. If your accident happened at a friend’s apartment or on another type of rental property, you may wonder who is liable: the tenant or the landlord. The same confusion arises when tenants become injured on the properties they rent.
Under residential tenants’ rights, tenants have the right to safe, well-maintained premises. Inadequate maintenance and other negligent acts by the landlord can cause accidents. In these cases, the landlord is generally liable.
If you were injured at a friend’s apartment, they may be liable if the accident happened within their rented property due to a hazard that was under their control. But if you slipped on icy outdoor stairs, for example, the landlord may be liable.
Always check with an experienced New York premises liability lawyer to pinpoint the liable party and understand your rights.
How the Property Type Can Affect Your Payout
When a property owner fails to mitigate hazardous conditions, causing a slip-and-fall accident or another type of premises liability accident, serious injuries can occur. The type of property can affect the process of seeking compensation for injuries and your potential payout.
Business owners and homeowners alike should carry liability insurance to pay for accidents on their premises. However, a business owner may have higher coverage limits than the average homeowner. Small business owners typically have general liability coverage limits of $1 million, while the average coverage for homeowners liability is between $100,000 and $300,000.
If the accident only caused minor injuries, you may be able to secure adequate compensation with these low coverage limits. But premises liability cases sometimes lead to catastrophic injuries that incur hundreds of thousands of dollars in medical bills alone. You may have a better chance of securing sufficient compensation through a commercial liability claim than a residential one.
The same goes for if you were to take legal action against the at-fault party. Businesses tend to have better financial means to pay out lawsuits than homeowners. A New York premises liability lawyer can advise on which compensation method fits your case.
Seek Assistance From Ross & Hill Personal Injury Lawyers
Premises liability accidents often include complexities that may give you pause during the compensation process. At Ross & Hill Personal Injury Lawyers, we have almost 40 years of experience helping clients like you navigate these cases. Allow us to guide your steps and seek the maximum compensation on your behalf.
Contact us today at 646-351-6222 to request a 100% free consultation with our New York premises liability lawyers. Then, explore common types of premises liability lawsuits.
