Slip and fall is a term used to describe a situation where someone is injured on another person’s property. This is also known as premises liability. Slip and falls can happen anywhere, but they often occur on somebody’s business premises. Situations such as torn carpeting, spilled substances, and broken fixtures can all lead to severe injuries. If someone is injured at a business, when can the business be held liable?
When the Business is the Property Owner
If the business owns the property where the injury occurred then it makes sense that the business may be liable for the injury. The essence of premises liability is that a property owner has a responsibility to keep their property reasonably safe from hazards so that people entering the property aren’t injured.
When the Business Leases the Property
Smaller businesses typically lease the property where their business is located. Another entity, the landlord, owns the property. However, in New York, the occupier of the property (the business) can be liable for unsafe conditions that cause injury even if they don’t own the property. Typically, you can hold both the owner of the property (the landlord) and the business that leases the property responsible for any damages, despite the business’s control of the property.
When the Business has been Negligent
If the injured party was on the property lawfully, especially as a customer, the business owes the highest duty of care to that person. If the business owner was negligent in either failing to repair a dangerous condition or failing to warn others about the hazardous situation, they are subject to premises liability. It must be shown that the business owner knew, or should have known, about the dangerous condition. For instance, if a customer spills a drink on the floor and then another customer immediately slips on it, that may not be sufficient time for the business owner to have been aware of the condition and remedy it. In addition to proving that the business acted negligently, the injured party will also have to show that the negligence was the cause of the injury in question.
Contact an Experienced Attorney
If you’ve been injured at a business, you should contact an experienced attorney to evaluate your case. At Bonina & Bonina, P.C., we have over 50 years of experience helping injured New Yorkers. Contact us onlineor call us at 1-888-MEDLAW1 to schedule your free consultation. Home and hospital visits are available. Se habla español.
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