Property owners are generally responsible for maintaining safe premises and reasonably preventing harm to visitors. So, if you were injured on another person’s property, you may wonder whether you can hold them liable for the accident.
In some cases, injuries may be due to negligent maintenance, leading to an accident on the premises. When can you hold a property owner liable for negligent maintenance? Consult a premises liability lawyer in New York for more personalized guidance.
Examples of Negligent Property Maintenance That Leads to Injuries
A wide range of hazards can be present in people’s homes and on commercial properties without visitors initially realizing that the property is unsafe. Property owners owe a duty of care to visitors to mitigate hazards that could cause injuries. This generally involves monitoring for unsafe conditions regularly and fixing issues promptly.
Falls are a common cause of serious injuries, especially in people aged 65 and older. According to the National Safety Council, in 2023, more than 47,000 people died in falls at work and home, accounting for roughly 21% of all preventable injury-related deaths in the U.S. The same source reports that more than 8.8 million people were treated in the emergency room for fall-related injuries in 2023.
The National Safety Council cites several hazards on properties that can lead to falls. These include:
- Cluttered floors and surfaces
- Lack of handrails on stairways
- Electrical and phone cords in traffic areas
- Improperly arranged furniture
Properties with any of these issues in place may present a fall risk to visitors, and the property owner may be liable.
Premises liability lawyers also see other maintenance issues lead to injuries, such as:
- Slippery or wet floors
- Defective lighting that limits visibility in high-risk areas
- Uneven flooring or loose carpeting
- Lack of snow and ice removal on sidewalks
- Water damage that causes structural issues
- Malfunctioning escalators or elevators
- Negligent security
- Hazardous electrical wiring
Any of these issues can lead visitors to fall or otherwise become injured on the property due to no fault of their own.
When Is a Property Owner Liable for Negligent Maintenance Accidents?
If you were injured on another person’s property, be it someone’s home or a business, exploring your grounds for a premises liability claim can help you understand your right to seek compensation. Premises liability cases arise when these conditions are met:
- The property owner owed you a duty of care.
- The property owner breached their duty of care.
- An accident occurred due to this breach.
- You suffered injuries in the accident.
Duty of Care
Property owners owe a duty of care to those who are lawfully on their premises. While some states distinguish between invitees, licensees, and trespassers for establishing duty of care, New York applies a “single standard of reasonable care” to all lawful visitors. This means that the property owner may owe the same duty of care regardless of whether someone was on the property for their own benefit or for the property owner’s benefit.
Breach of Duty of Care
A property owner breaches their duty of care when they reasonably knew or should have known about a hazard, yet failed to mitigate it. This can involve either actual notice or constructive notice.
- Actual notice means the property owner was directly aware of the issue.
- Constructive notice means the issue existed long enough that the property owner reasonably should have been aware of it.
Proving knowledge can be challenging, but your premises liability lawyer can help you understand what types of evidence may be useful in your case.
Proximate Cause
Finally, you must be able to prove a direct link between the negligent maintenance and your injuries and that the hazard was a substantial factor in causing the accident. Photos and videos of the accident scene, witness testimonies, and references to similar injuries occurring from the same hazard can all help support this claim.
How To Hold a Property Owner Liable for Negligent Maintenance
A premises liability accident lawyer in New York can help you explore your options for holding the property owner liable after an accident. The first step is often to file an insurance claim through the property owner’s liability insurance policy. If the insurance claim is unsuccessful, you may explore a personal injury claim or lawsuit to seek damages.
New York follows a comparative negligence statute for liability claims. If the injured person is partially at fault for their own injuries, their compensation in an insurance claim or lawsuit may be reduced by their percentage of fault.
If you are considering pursuing legal action after a negligent maintenance accident, be sure to do so within the statute of limitations, which is three years from the accident date in New York.
Schedule a Consultation With a Premises Liability Attorney in New York
Were you injured on another person’s property? Our personal injury law firm in New York represents clients through premises liability claims and lawsuits. We will explain the differences between premises liability and personal injury and guide you through the entire compensation process.
Contact Ross & Hill today at 646-351-6222 to request a consultation with an NYC premises liability lawyer.
Frequently Asked Questions
Can you sue a homeowner for negligent maintenance?
You may be able to sue a homeowner when negligent maintenance on their property leads to your injuries. Property owner responsibilities involve maintaining safe premises to prevent accidents. A premises liability lawyer can advise you on your rights and options.
How much compensation can you seek after a negligent maintenance accident?
The amount of compensation you can seek after a negligent maintenance accident depends on the severity of your injuries and your method of seeking compensation. A lawsuit may allow you to seek both economic and non-economic damages.
How do you pursue legal action against a property owner?
Your first step in pursuing legal action against a property owner is to work with a premises liability lawyer. They can help you initiate a personal injury claim and guide you through the legal process.
