Many residents of New York City live in apartments, which are typically either rented or leased from landlords. Although a tenant may be responsible for some aspects of the apartment, all of the communal property of the apartment building falls under the realm of a "premises." If an individual is injured while on the premises of the apartment complex, that individual could be able to file a premises liability claim against the landlord.
According to data released earlier this year by the Insurance Information Institute (III), the average homeowners' insurance payout for dog-bite claims was $37,214 in 2015 - a 16 percent increase from the year before, and an astonishing 94 percent increase from 2003. In fact, dog bites and other dog-related injuries now account for a whopping one-third of all dollars paid in homeowners' insurance liability claims, according to the III report.
When people go to theme parks or visit hotels, there is a certain expectation of safety. Those seeking thrills on roller coasters or simply walking through an amusement park generally think that their protection is assured. However, the presence of alligators in waterways has taught many in New York a terrible lesson in assumptions when it comes to tourist attractions.
When an individual enters another person's property in New York, he or she has a reasonable expectation that he or she will not be injured. This means that the property owner -- or the non-owner resident -- is the individual who is responsible for maintaining this safe environment. This is called premises liability.
We talk a lot about premises liability on our blog and most people can think of a few general scenarios that fall under this liability umbrella. Commonly heard cases, such as a slip-and-fall accident on an icy sidewalk outside a hotel or an injury resulting from broken glass inside a grocery store, come to mind.
After falling from a roof of an apartment building, a writer was recently awarded $43 million in damages. The fall resulted in his paralysis and need for a wheelchair for the remainder of his life. When New York residents suffer a serious accident while on the property of an apartment complex, they are typically entitled to file personal injury suits against the responsible parties.
People who live and work in New York City are accustomed to carrying on with their daily lives while surrounded by active construction sites. The majority of complaints about these construction sites center on the noisy and dusty conditions they create. These sites also, however, pose other very real and serious dangers to individuals who live, work and travel in their vicinity.
The news about higher levels of lead found in Newark schools’ water is still flowing. The Wall Street Journal reported that Newark’s water contamination is not a new issue, and that approximately 12 percent of the total 2,067 water samples tested between 2012 and 2015, showed lead levels above the federal limit of 15 parts per billion. In 2016, out of the 657 water collections tested, 10 percent proved to be at similar levels of lead content as the tested samples in earlier years. Furthermore, Fox News Health reported that the lead issue dates further back than 2012, pointing to the school district’s knowledge of elevated limits as early as 2003.
A property owner might be found liable, as a matter of law, for injuries suffered by an invitee in a number of circumstances. Generally speaking, a premises liability lawsuit requires the victim to show that his or her injuries were caused by a foreseeable risk on the owner’s property, such as a hazard resulting from negligent property maintenance.