In New York, premises liability allows individuals who have sustained an injury as a direct result of a property owner’s negligence to file a claim against them to seek monetary compensation for their damages. However, there are certain restrictions on who can file a claim against a negligent property owner. The law classifies guests and visitors differently to determine who property owners owe a legal duty of care. If you or someone you care about has been injured due to a property owner’s negligence, contact a skilled New York City Premises Liability Attorney who can help you determine what degree of duty a property owner owes you. Allow our firm to represent your interests in court today.
Can an invitee or a licensee file a claim against a negligent property owner in New York?
In New York, premises liability law stipulates that property owners owe a legal duty of care to maintain a safe environment for patrons and guests. Essentially, this means they are required to remedy any unsafe conditions promptly. If property owners breach their duty of care, meaning they failed to maintain safe premises or failed to display the proper warning signs, they can be held liable for any damages that occur as a direct result of their negligence. However, in New York, certain parties are limited to filing a claim against a negligent property owner. Firstly, to determine who can file a claim against a negligent property owner one must understand the different classifications of patrons and guests. Patrons and guests can be classified as follows:
- Invitees. An invitee is a person who was explicitly invited to the property.
- Licensees. A licensee is a person who is permitted to enter a property. Typically, licensees are invited onto a property by an invitee.
- Trespassers. A trespasser is an individual who does not have consent to enter a property.
Once a patron understands their classification they can determine whether a property owner owes them a duty of care. Essentially, invitees who were explicitly invited onto the property are owed the highest duty. Licensees are also owed a certain duty of care. However, trespassers are not owed a duty of care as they do not have permission to enter a property. Ultimately, property owners owe invitees and licensees a standard duty of care. This means both invitees and licensees can file a premises liability claim if they were injured as a direct result of a property owner’s negligence.
In the unfortunate event that you or someone you love has been injured due to the negligence of a property owner, please don’t hesitate to contact one of our skilled and determined attorneys. Our dedicated attorneys can help investigate the circumstances of the incident as well as gather pertinent evidence to back up a victim’s claims. Our firm is committed to helping our clients seek the justice they deserve. Allow our firm to fight on your behalf today.