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Premises Liability Law: Know Your Rights

Have you or a loved one found yourself involved in a premises liability case that involves personal injury? Would you like more information regarding your rights? Please give us a call at 785-4900. We also have the below articles discussing New York state law and personal injuries resulting from premises liability cases. Some of our most popular articles include:

I Was Injured on Someone Else’s Property. Why Isn’t The Property Owner Automatically at Fault?

woman who has slipped and fallen on an icy sidewalk on someone else's propertySlip and fall accidents can happen anytime, anywhere. They are especially common during the winter months here in the Northeast, where snow and ice cover the ground and temperatures linger around freezing for months at a time. And it seems as often as not, these accidents occur on someone else’s property.

When individuals are seriously injured as the result of a slip and fall accident on someone else’s property, they often wonder: who is at fault for the accident?

Many people automatically assume that the property owner is “automatically” legally responsible for the injury. When seeking compensation for their injuries, they believe the property owner must be responsible.

However, contrary to what many believe, this is not the law. (more…)

Recreational Use of Property – What You Need to Know About New York’ General Obligations Law 9-103

XC skier making recreational use of property in New York StateMany people in the Capital District and throughout Upstate New York love to spend time outdoors participating in recreational activities. Whether it’s snowmobiling and cross-country skiing in the winter or riding ATVs, biking or hiking in the summer, outdoor recreation is a great way to spend leisure time, stay active and enjoy beautiful seasonal weather.

What many people do not realize, however, is that recreational activities are often made possible by property owners who have chosen to make their land available to recreational users. (more…)

Actual Notice: What is It and How Will It Impact My Slip and Fall Case Against a Property Owner?

Yellow and black slippery when wet signWhen it comes to slip and fall accidents and premises liability claims, the legal issue of “notice” is an important factor that can impact the ability to bring a lawsuit for personal injury, as well as the outcome of the case.

Establishing notice involves determining (1) whether or not the owner or person in charge of the property was aware of the defect or unsafe condition that caused the person’s injury and (2) whether or not he had a reasonable opportunity to fix or repair the condition before the injury occurred.

Actual notice and constructive notice are the two key types of notice relating to the ability to maintain a claim if you’re involved in an accident on another’s premises. Here, we’ll discuss actual notice, delving into the details of what it is and how it can impact a case against a property owner or manager after a slip and fall accident occurs. (more…)

What is Prior Written Notice? How Does it Affect My Ability to Bring a Case Against a Municipality If I Am Injured?

person signing prior written notice paperworkCar crashes, slip and fall accidents, and other incidents that can result in serious personal injury can happen anywhere at any time. If you are involved in an accident that leaves you seriously injured on municipal property, you may wish to make a claim against that municipality to obtain compensation for pain and suffering and lost wages.

If you plan to do so, you should consult with an experienced personal injury attorney as soon as possible. He can help you to determine whether or not you have a viable claim, and assist you in pursuing it if you do.

It’s especially important to have a reputable personal injury attorney on your side if you’ve been seriously injured on town, village, city, county, or state property because it can be difficult to successfully bring a case against the municipality to recover for your injuries. This is largely due to the rule of law embodied in the phrase “prior written notice.” (more…)

Constructive Notice: What Is It and How Will It Impact My Slip and Fall Case Against a Property Owner?

Woman in a wheelchair due to a broken ankle from a slip and fall accidentIn many cases involving the liability of a property owner for an injury to someone who falls—known as “premises liability” claims, “notice” is an important factor. This involves whether the owner or person in charge of the property had “notice” of the alleged defect—be it snow, ice, or a broken step—and the opportunity to have fixed the condition before someone got hurt. There are a couple of types of notice to be aware of: actual notice and constructive notice.

Here, we’ll delve into the specifics of constructive notice, defining what it is and how it could impact your case against a property owner following your involvement in a slip and fall accident. (more…)

I Slipped and Fell and Was Injured on Church Property: Can a Religious Institution be Held Legally Responsible?

Interior of a churchNew York law requires all property owners and those who possess or maintain such property (collectively referred to in this article as “property owners”) to exercise reasonable care under the circumstances to prevent harm to foreseeable persons who enter their property.

This duty extends to all persons – from invited guests, to business patrons, and even to trespassers in some situations. (more…)

Remedies Available for Employees Injured in the Workplace

Drawing of a doctor holding a chalkboard that says Work AccidentAccidents that occur in the workplace are a common cause of personal injury. Each year in the United States, thousands of individuals are injured on the job.

The typical remedy for the injured worker is through the statutes providing workers’ compensation benefits. Replacement for some or sometimes all lost wages, payment of medical bills, and when appropriate, a “lump sum” for the “loss of use” of a body part may be awarded.

While serious or catastrophic workplace injuries occur most frequently in jobs that require heavy physical labor, operation of equipment such as power tools or work on scaffolding and roadways, accidents that result in personal injury can occur in any type of work environment.

Injuries to construction workers frequently result in personal injury claims available because of New York’s laws enacted specifically for that occupation. However, there are a number of other situations in which compensation beyond workers’ compensation benefits are available to compensate employees injured on the job. (more…)

I Slipped, Fell and Was Injured at My Friend’s Apartment. Do I Have a Personal Injury Case?

Injury sustained at a friend's apartmentPicture this: You spend a casual weekend afternoon over at a friend’s apartment in Albany, catching up on what’s new and enjoying each other’s company. After a few hours together, you decide it’s time to go. You have errands to run and other items on your agenda for the day, so you need to get going.

After grabbing your jacket, assembling your things and saying goodbye to your friend, you head out the door. On your way out, you slip and fall and are seriously injured.

Now, a few months later, you’re still recovering from the accident. You’ve incurred significant medical expenses and missed time from work, which means you have more bills to pay but less income to cover them with.

Thinking back on the accident, you wonder if you might have a viable personal injury case and are entitled to some type of compensation. (more…)

What If It’s Snowing Out When I Fall and Am Injured? Am I Still Able to Bring a Lawsuit for My Injuries?

Falling snow during a snow storm in progressDuring the winter months, slip and fall accidents are unfortunately common. From slipping on ice you didn’t notice to falling on slippery walkways that were not properly maintained on commercial properties or slipping and falling on ice while at work, the potential for serious injury due to weather related conditions looms large.

There are many different slip and fall scenarios that can result in serious injury, but many of these scenarios occur while the weather event is ongoing. This leaves many individuals wondering if they can pursue a personal injury case despite being injured while there was a storm in progress. (more…)

Injured at The Gym? Know Your Rights

Woman Working Out at the Gym Lifting WeightsVirtually everyone has been a member of, or spent time at, a fitness club or gym to stay healthy or get fit by lifting weights, doing cardio or participating in a group fitness class. Some people go to help alleviate a health condition or rehabilitate an injury. Others go to strengthen their bodies for sports or for laborious employment such as construction. For others, going to the gym is simply a healthy way of life.

But sometimes the gym may be dangerous. Worn or misplaced rubber mats, fraying ropes or wires, broken equipment and dimly lit areas pose dangers to gym members. These dangerous conditions are premises liability issues and may result in serious personal injury. Injuries caused by an unsafe condition may occur while individuals are exercising or simply walking from one place to another within the building. (more…)