Premises Liability

The Dietrich Law Firm P.C., a Best Law Firm of America, was established in 2005 to provide the highest level of personal injury service to the people of Western New York and beyond. Jed Dietrich, Esq. and his team of professional and experienced lawyers strive to provide personable and tailored personal injury service 24 hours per day and 7 days per week.

Have you, or a loved one, been injured on someone else’s property in Buffalo, New York; Niagara Falls, New York; Rochester, New York or anywhere else in New York State? If so, call Jed Dietrich, Esq. and his experienced team of personal injury lawyers in Buffalo, New York at 716-839-3939 today for a free consultation. Insurance companies want you to settle for as little as possible after a personal injury accident. We will fight to get you the maximum compensation possible for your injuries!

Premises liability is the theory that a property owner can be held responsible for an injury to someone on their property who was injured if their property was ill-maintained or contained an unsafe or defective condition. Premises liability exists in every state; it declares that a property owner is required to make a reasonable effort to maintain a safe environment for visitors.

Premises liability can be present in almost any open space or owned structure. The majority of premises liability personal injury cases are based on negligence, which is an important factor in determining liability.

In New York, determining liability for a premises liability accident can be tricky. That is why you need an experienced and top rated Buffalo, New York premises liability attorney to help you determine the appropriate parties that may be liable to you. Jed Dietrich, Esq. is a Best Lawyer of America and a New York Super Lawyer. Contact him today at 716-839-3939 for your free consultation so that he can assist you in attempting to obtain the maximum compensation for your serious personal injury.

An invitee is a person who has been invited onto the property by the owner, for the benefit of the property owner. The owner of the property has a duty to protect those who are classified as invitees.

The property owner has a duty to take reasonable care to protect the invitee from known dangerous conditions on the property. This means that a property owner must inspect their premises for dangerous conditions, warn invitees of any dangerous conditions and fix or take care to protect invitees against the dangerous condition.

A good way to decide if someone is an invitee is to determine if the owner is aware of that person’s presence, or whether the owner is expecting them to visit. An example of this is a customer visiting a business. The person would be considered an invitee, as the business expects there to be visitors.

A licensee is usually a person visiting a property for personal reasons, as opposed to financial reasons. A licensee may not have been invited to the property, but they are allowed to be present there. An example of this is a social visitor, such as a friend visiting someone’s house.

The owner of the property is required to exercise reasonable standards of care by informing licensees to dangers created by themselves, or other hazards known to be on the property.

A trespasser is an individual who is on someone else’s property without the owner’s consent. Premises liability surrounding trespassers states that a trespasser may only recover damages for injuries sustained by a property owner who was guilty of wanton or willful negligence or other misconduct.

However, there is an exception to this rule for child trespassers. The attractive nuisance doctrine requires property owners to keep their property safe to protect children from dangerous objects that might attract a child to the premises. This includes things like swimming pools and trampolines.

There are numerous types of situations which fall under premises liability. The following are some examples of the kind of situations that are classified as premises liability:

1. Slip and Fall Accidents
2. Dog Bites
3. Swimming Pool Accidents
4. Chemicals and Toxic Fumes
5. Inadequate Building Security
6. Fires
7. Supermarket Accidents
8. Snow and Ice Accidents

Slip and Fall Accidents

If an individual has an accident, they may be entitled to monetary compensation from the owner of the property, or whoever possesses, maintains or controls the premises where the injury occurred. Slip and fall cases are usually caused by owner negligence on the property, such as unmarked hazards and wet or icy floors.

Dog Bites

The majority of claims surrounding animal bites are usually related to dogs. A dog owner may be liable to you for your injuries if you can prove that the dog owner knew that the dog had “vicious propensities.”

Swimming Pool Accidents

New York’s laws require numerous pool safety measures, including barriers and pool alarms. If an injury or death occurred in either a privately or publicly owned pool, you may be eligible for compensation for a injury or wrongful death that results. The owner could be liable if they fail to use proper safety measures or perform regular maintenance.

Chemicals and Toxic Fumes

Exposure to chemicals and fumes can be a serious threat to human health and can result in permanent injuries and sometimes death. Risk of exposure can be at home, in a workplace or laboratory. Safety measures need to be followed carefully to avoid injury. It is vital to seek urgent medical care if you, or a loved one, have been exposed to a toxic substance.

Inadequate Building Security

Inadequate building security in an apartment complex or hotel room can lead to break-ins and stolen property. If the owner of the property you reside in fails to provide adequate building security, which results in stolen property or injuries, you could be liable for monetary compensation.

Fires

You may be eligible to collect fire-related damage costs if you can prove that the owner of the property was negligent in providing fire prevention and firefighting equipment. This can be anything from a lack of signs adequately mapping fire exits, to non-functioning smoke detectors.

Supermarket Accidents

Supermarket accidents are often caused by store employees failing to take a proper course of action in preventing customer injuries. Wet floors and improperly stocked shelves are a common cause of supermarket accidents, but there are various other incidents which can occur if staff members fail to follow procedures. If you have been injured in a supermarket, the owners may be liable if their negligence was the cause of your accident.

Snow and Ice Accidents

Improper care of property in snowy and icy conditions can lead to life-threatening accidents. It is not solely your responsibility to stay safe; property owners have a duty of care to ensure safe passage across their property. If the owner of the property has been negligent in taking care of their property, such as keeping walkways clear of snow and ice, you may be eligible to claim the cost of any damages that occur from the resulting accident.

If you have suffered an injury from a premises liability accident, it is extremely important to consult with our top rated and elite team of Buffalo, New York premises liability lawyers here at the Dietrich Law Firm P.C. as soon as possible. We believe that you deserve to be compensated for your accident that was caused by someone else’s fault, but without a lawyer with extensive experience in premises liability, you will not get the compensation that you deserve.

Our aggressive, tenacious and hardworking accident lawyers are dedicated to recovering compensation for our clients. We are available 24 hours per day and 7 days per week and will never charge a fee unless we win for you!

Call the Dietrich Law Firm P.C. immediately at 716-839-3939 so that our aggressive, tenacious and hardworking personal injury lawyers can fight to obtain the best result for your personal injury claim in Buffalo, New York. We are available 24 hours a day, 7 days a week, and there is never a fee until we WIN for you!

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