Many times, when the phrase “premises liability” pops up, it can refer to two types of civil cases for damages. One group is “slip and fall” cases; the other is “trip and fall.” These two types of premises liability issues emerge because a person or entity that owned or controlled a property failed to keep the property in a sufficiently safe condition (or failed to warn about hazards), which allowed someone on the property to either slip or trip and suffer injuries. While those may be the facts behind many, if not most, premises liability cases, you may still be entitled to sue and recover compensation even if your accident was neither a slip-and-fall nor a trip-and-fall, such as when you are injured due to debris falling on you in your apartment. To find out more about your rights if you’ve been injured, talk to a skilled New York premises liability attorney.
The recent case of a Yonkers woman named Jeanine, who sued in 2016, was an example of a situation in which the injured person was entitled to pursue her case, even though it was neither a slip-and-fall nor a trip-and-fall. One day, according to Jeanine’s lawsuit, debris fell from the ceiling of her apartment bathroom, crashing into her and causing injuries. The tenant launched a premises liability case based upon the alleged failure to maintain the apartment, including its ceilings, in an adequately safe condition.
When you are injured while on a commercial property, you may have rights and options against multiple people and companies. You may be able to sue a commercial tenant, the landlord, or perhaps both, depending on the exact facts of your case. If you are injured on a residential rental property, you may also have the opportunity to pursue an award of damages against multiple people and entities. In Jeanine’s case, her facts supported suing both the LLC that owned the building and a second corporation. Jeanine’s complaint in the lawsuit made sure to assert that both the LLC and the second corporation “owned, managed, controlled and maintained” the property. That was important because making an assertion that a person or company owned, managed, controlled, or maintained a property is essential to being allowed to pursue a claim of premises liability against that person or entity.
Both the trial court and the Appellate Division concluded that Jeanine could go forward against both entities. As noted above, her complaint clearly alleged that both of the companies had roles in the ownership, management, control, and maintenance of the property. The defense lacked sufficient evidence to show that Jeanine’s claim was erroneous. While the defense correctly pointed out that the second corporation was nowhere on the property deed of the building, that fact alone was not enough to prove conclusively that the second corporation had no hand in the management or maintenance of the property. This meant that the tenant could go forward against both entities.
When you are hurt while on premises owned by someone else, you may be entitled to receive compensation for the damages you suffered in that accident. The experienced Queens premises liability attorneys at Newman, Anzalone & Newman have been helping injured tenants, pedestrians, shoppers, and other victims for many years with their premises liability cases. To put our knowledge and skill to work for you, schedule a free consultation with one of our qualified attorneys. Contact us toll-free at 877-754-3099 or through our website.
More Blog Posts:
Winning Your New York Premises Liability Case Even if You Made Modifications to the Property, New York Personal Injury Lawyers Blog, Dec. 21, 2017
What the Phrase ‘Optical Confusion’ Means and How it Can Help You in Your New York Premises Liability Case, New York Personal Injury Lawyers Blog, Sept. 13, 2017