People who enjoy visiting New York amusement parks may have also heard about some serious accidents. For example, in May, a 10-year-old boy in California was thrown off a water slide at the park's grand opening. He did not suffer any serious injuries, but it was necessary to close down some areas in the park.
Cryptosporidium is a parasite that is transmitted when people consume substances that have been infected with fecal matter. People in New York should be aware that the number of yearly reported Cryptosporidium outbreaks caused by swimming pools doubled to 32 between 2014 and 2016, according to early data from the Centers for Disease Control.
New York residents may see skateboarding as a recreational activity or as a way to get around town. However, there is an extreme element to it that can result in liability issues for property owners. Each year, there are more than 25,000 trips to the emergency room related to skateboard injuries, and nearly 60 percent of those who are injured are under the age of 15. This is according to the U.S. Consumer Product Safety Commission.
New York property owners are responsible for ensuring that their property is safe for visitors or customers. However, when the cold weather approaches, keeping property free from ice and snow, which could lead to serious slip-and-fall accidents, can be a difficult task. Even so, there are things that property owners can do to avoid liabilities.
New York homeowners might want to be aware of laws governing premises liability before they invite their next house guests over. In general, they are responsible for the safety of their invited guests, and even some who may not have been invited, at all times.
A shopper in a New York store who slips and falls on a wet surface or is hurt by falling merchandise could pursue a premises liability lawsuit. However, a business owner can take many steps to create a culture of safety and reduce the odds that anyone is hurt because of owner negligence. It is important to note that a company is not always responsible when an individual is hurt on its premises.
It is a matter of general knowledge that if you suffer an injury on the property of another, including a business, if the person or business that controls the premises was negligent in permitting the existence of a hazardous condition that caused the injury then you may have a cause of action for negligence based in premises liability. That is the easy part. The more challenging part comes when you need to build your legal claim and present it effectively in settlement negotiations with an insurer or, if need be, in a New York court.
The importance of the attractive nuisance doctrine is that if the plaintiff is successful in establishing its elements then the ordinary defenses of property owners or occupiers with regard to trespassers do not apply. As you may expect, proving all of these elements can be challenging in that considerable factual investigation will be required, which is something that an experienced personal injury attorney can help you with.
An accident at a grocery store, a private home or in a shopping mall that causes you to suffer a serious injury might give you the right to file a lawsuit for compensation against the negligent property owner. Special rules apply when the property owner is the state or federal government.
We previously reviewed the elements that must be proven for a person seeking compensation for injuries to succeed in a premises liability case. One of those elements is negligence on the part of the owner or person in control of the premises.