Restivo and Murphy LLP
Restivo & Murphy LLP
EspaƱol   Korean

Experienced Lawyers,
Dedicated to Helping You

Free Consultation

Premises liability requires a proactive approach

Premises liability is an area of concern for any New York commercial property owner. To the extent possible, most leasing contracts between the owner and the tenant seek to place the burden for liability on the tenant as the one who likely has more control over the safety of the premises. However, an injured plaintiff can, and often does, include multiple parties as defendants. For a variety of reasons, the landlord is often included, but there are several ways for a property owner to reduce the risk of exposure in a premises liability lawsuit.

A premises liability action is trying to establish that a dangerous property condition was allowed to exist due to the negligence of a property owner and thus caused an injury. Legal experts suggest a three-pronged approach offer as much protection as possible to the property owner. The first is to be sure to have an adequate insurance policy with adequate coverage and limits and tailored to the class of building and anticipated risks for that particular property. What is considered a foreseeable risk for one property may be quite different for another.

The second measure that a commercial property owner should consider is to hire onsite security. Specifically, it should be a private firm with a solid reputation and not part of the staff hired as independent contractors. The third prong is to retain an attorney with specific experience in the asset class in which the property falls.

Hazardous conditions can exist in many forms. A wet floor, an icy sidewalk, inadequate lighting or a general lack of repair can lead to a slip-and-fall accident or worse. An experienced personal injury lawyer may help sort out the liability issue for those injured on the premises of another.

No Comments

Leave a comment
Comment Information
Super Lawyers New York Magazine Top Verdicts & Settlements Super Lawyers NYSTLA - New York State Trial Lawyers Association ABA - American Bar Association

We Offer Free Initial Consultations

Contact us to discuss your legal questions. We will provide a response promptly and there is no fee unless we win.

Bold labels are required.

Contact Information
disclaimer.

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

close

Privacy Policy

Contact Us Today