Braunfotel & Frendel LLC
Call Now for a FREE Consultation
888-787-5668 (Toll Free) 845-521-7835 (Local)
Se Habla Español · Nou Parle Creolé

Posts tagged "Premises Liability"

Liability insurance for amusement ride manufacturers

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.

Rise in Crypto outbreaks related to swimming

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.

How communities handle skateboarding

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.

Preventing slip and fall accidents caused by ice and snow

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.

Taking premises liability seriously

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.

How do you prove a premises liability claim?

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.

What is an "attractive nuisance" under New York law?

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.

What happens when a negligent property owner is the government?

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.

Legal doctrine that helps plaintiffs in premises liability cases

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.

Contact Us

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

Braunfotel & Frendel LLC
49 Maple Avenue
New City, NY 10956

Braunfotel & Frendel LLC

Phone: 845-521-7835
Toll Free: 888-787-5668
Fax: 845-634-7710
Map & Directions