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.
Residents of New York should know that if they slip, trip or fall on a small business property, they may be able to hold the owner liable for their injuries. According to premises liability law, owners have a duty to prevent any dangerous conditions from arising on the property. If they are aware of a dangerous condition, then they must address it in a reasonable amount of time.
If a person gets hurt after slipping, tripping or falling on a premises owned by another person or entity, they may file a premises liability lawsuit. This is generally true whether the accident occurs in New York or anywhere else in the country. The person who files a lawsuit must generally show that the property's owner was negligent in allowing the injury to happen. There are many ways in which an individual may be able to prove their claim against a property owner.
Many New York residents have likely gone on zip line rides at some point in their lives. Unfortunately, these amusement rides aren't always safe.
People who take part in contests in New York and across the United States might think it is all in fun. However, in some of these situations, people are using potentially dangerous objects and participating in stunts that could cause injury or a fatality. The risk is evident in an incident in which a woman severely cut her hand during a pumpkin carving contest.
Towering 169 feet high, or approximately 17 stories, the Verrückt water slide at Schlitterbahn Water Park was the tallest water slide in the world. After opening in July 2014, the slide became the site of a fatal accident in August 2016. A 10-year-old boy went down the nearly vertical chute, became airborne, hit a metal pole supporting the safety net and was decapitated. New York residents should know that the park has been closed and the slide demolished.
The owners, operators and lessors of airports in New York will want to make sure they have premises liability coverage. This can provide protection in the event of bodily injury or property damage on the airport or the section of it that they occupy.
New York business owners have a legal responsibility to keep their premises safe for customers, other visitors and even trespassers in some cases. This is true whether the space is owned or rented by the operator of the business. If an individual suffers injury due to a slip-and-fall accident that happens on another's property, he or she might have claims for damages. Among the conditions that can give support to a personal injury claim are wet floors, bad lighting, torn carpets and crowded walkways.
Halloween poses three insurance risks for homeowners in New York. First, there is the risk of becoming the victim of vandalism or burglary. Of all the Halloween-related property damage claims that are filed, an average of 19% are for vandalism while 21% are for off-premises theft and 60% are for on-premises theft.
Shoppers at retail locations in New York and throughout the country generally expect a level of safety and security while on the premises. A lawsuit filed against Walmart may clarify the specific steps that an establishment is supposed to take to keep its patrons safe. The lawsuit was filed after a shooting at a Walmart store on Aug. 3 in El Paso, and the victims claim that the company was negligent because it had no armed security personnel at the time the shooting happened.