Whether at a private home, a business, or a public area, you have a reasonable expectation that the indoor and outdoor premises you enter are reasonably safe from danger. If you or someone you love has suffered from an illness or injury as a result of someone else's negligence, you may be able to recover damages for your pain and suffering, medical expenses, lost wages, and other economic losses suffered as a result.
There are a number of elements to be taken into account, which may affect the outcome of a premises liability case.
Responsibility for the premises
In most cases, the owner of a premises is liable for unsafe conditions in the area. However, in some cases, liability may pass to a renter, or other legal occupant of the property.
Your status on the property
When establishing a premises liability case, you will generally categorize your status as that of an invited guest, a licensee, or a trespasser.
- Invited guest status implies either an implicit or explicit invitation, for commercial purposes, from the property owner or occupant. This would include situations such as stores or other commercial venues that are open to the public. Invited guest status carries the highest standards of care for the property owners, requiring that hazards be eliminated or clearly marked.
- Licensee status includes situations in which you are visiting socially, or for some other non-commercial purpose, such as using a public right of way or walking along a sidewalk in front of a property. Standards for property owners are generally slightly lower than in invited guest cases, but property owners are still expected to remove or warn guests of known hazards.
- Trespasser status includes situations in which you have no explicit or implicit invitation to enter the property in question. Cases such as these involve relatively low standards of care on the part of the property owners, but property owners are still responsible for ensuring that their premises are reasonably safe, even for uninvited trespassers.
Damages you can collect
If you've been injured as a result of someone's negligence in constructing or maintaining premises, you may be eligible to recover compensation for damages you've suffered. These damages might include such things as:
- Medical bills incurred as a result of the accident, including estimated future expenses for physical therapy, assistive devices, and the like.
- Loss of income, for both current and estimated future wages.
- Pain and suffering damages, on your behalf and that of your family.
Get help today
If you or someone you love was injured as a result of a property owner's negligence in maintaining their premises, seek legal counsel as soon as possible.
If you're in the Syracuse or Binghamton New York area, please call or email The Stanley Law Offices today to schedule a free personal consultation with one of our experienced premises liability attorneys. He or she will review your case with you, and help you determine how best to go forward with your case.
