It is a general expectation that each property owner should provide a safe environment to guests. When in the vicinity of such premises, it is your belief that every safety measure has been considered to safeguard your mobility in such a property. Premises liability encompasses all safety policies implemented to ensure the safety of visitors in a particular property. It also entails the responsibility and accountability shouldered by a property owner while accepting guests into their premises.
Unfortunately, accidents can still occur despite heeding to various recommendations offered by visitors. For instance, a courier delivering a parcel can sue a property owner for injuries if they slip and fall due to an oil spill on the driveway. In such a case, the victim would undoubtedly receive fair compensation before a judge. On the other hand, compensation would barely crack the surface a lawsuit if the courier was intoxicated while executing their duties.
From a legal perspective, premises liability can only hold a negligent property owner if an injury sustained by a victim is directly attributed to a hazard arising from a particular premise. In most cases, premises liability lawsuits entail personal injuries arising from slip and fall accidents on a wet floor to electrocution accidents on faulty electric appliances.
It is widely known that identification and dispensation of compensation substantially vary across various States. In some States, the judge focuses on the status of the victim when determining the best liability to dispense. In others, the main focus shifts to the activities of both the visitor and owner. In simpler terms, an occupant and the property owner are afforded the same treatment when handling the case. On the second precedent, the Law clearly stipulates that a property owner should adopt reasonable care by informing guests of the potential hazards.
In rare circumstances, a court may find both the property and occupant at fault when presiding over a premises liability lawsuit. Such a circumstance can only arise when a visitor fails to exercise reasonable care partially or wholly due to negligence. In such a case, the courts are entitled to reduce compensation to a percentage equivalent to their fault during the incident. More specifically, if the victim were 25% liable for an accident, then their compensation would be evaluated from such a figure. It is advisable to consult an experienced New York personal injury attorney for basic legal advice.