Getting injured because of a wet floor or tripping on a broken step can lead to unexpected injuries and legal headaches. If you suffer an injury due to someone’s negligence on a property in New York, you might wonder who holds responsibility for your accident. What are the different duties property owners owe to visitors, and how do those duties impact liability for injuries?
What duty of care applies to me?
New York law categorizes visitors on a property as invitees, licensees, or trespassers. The property owner has a different level of responsibility for each category.
- Invitees: Property owners consider invitees, people the owner invites onto the property, like customers at a store, to be the highest priority. Owners must keep their property safe and warn invitees of any hidden dangers.
- Licensees: Licensees enter a property with the owner’s permission, like a social guest. Property owners must warn licensees of dangerous conditions they know about but are not obligated to discover and warn of unknown dangers.
- Trespassers: Trespassers are people who enter property without permission. Despite this label, the law requires property owners to refrain from intentionally harming trespassers.
Property owners must keep all visitors safe by ensuring their property is well-maintained. This includes guests, licensees, and trespassers. A visitor can issue a claim if they prove the property owner was careless.
How does “reasonable care” affect my claim?
The concept of “reasonable care” is crucial in these cases. New York courts use the “reasonable care” standard to determine if a property owner acted appropriately to prevent injuries. This standard considers what a prudent person would do in similar circumstances. For example, a court may consider failing to put up a “danger” sign after leaving a scaffolding unattended a breach of reasonable care.
Do I have the right to seek for damages?
Property owners in New York have specific responsibilities to keep their premises safe. If you experienced an injury on someone else’s property due to negligence, you might have a right to seek compensation. Discussing with an attorney can help you understand your options and determine the best action. They can assess the unique details of your case, gather evidence, and advocate for your rights.