How to File a Premises Liability Claim in Albany

Filing a Premises Liability Claim in Albany

As the capital of New York State, Albany has a population of almost 100,000 people and serves as a hub for arts, education, and healthcare. With a vibrant business community comprised of technology, retail, and hospitality, Albany is a popular tourist destination and an excellent place to live and work.

However, its bustling business community isn’t exactly without the risk of accidents and injuries. As stated by the New York State Department of Health, nearly 4,000 non-fatal unintentional injury hospitalizations were recorded in Albany County in 2019. Premises liability claims are one of the most common types of personal injury cases in Albany. Slip and fall accidents make up a significant portion of such claims, which can result in serious injuries and even fatalities. Based on the National Floor Safety Institute, slip and fall accidents lead to over 1 million hospital emergency room visits each year, making them a significant public health concern.

If you have also suffered an injury caused by the negligence of a property owner or occupier, seeking legal help is critical. In such a case, you can contact an attorney like the Albany premises liability attorneys at Finkelstein & Partners. A good attorney will guide you through the process of taking legal action. With the help of an experienced team of personal injury lawyers, you can file a premises liability claim and obtain the compensation you deserve.

People who can be held liable

Before you file a premises liability lawsuit, it’s essential to know the categories of people who can be held liable.

Invitee

These are the individuals who enter a property with the intention of doing business. The property owner owes the highest degree of duty of care to invitees. 

Property owners must take the utmost care to ensure that there are no hazardous elements that may cause injury to the invitee. If there are any, they must make the necessary repairs/changes to offer a safe environment to the invitee. Even if the hazardous elements aren’t fixed, the property owner must put up warning signs or inform invitees about potential dangers on their property.

Licensee

Individuals who are invited into a property with the owner’s consent fall under this category. People who enter a property for their personal needs are also called licensees.

The property owner owes a duty of care to the licensee and must make changes to conditions that may lead to an accident. They should also make sure that they warn licensees about any dangers that may be present on the property.

Trespasser

Individuals who enter a property without the consent or knowledge of the property owner are classified as trespassers. Property owners owe a duty of care to trespassers in a way. They cannot set up hazardous elements on purpose to keep trespassers off their property.

If a property is prone to trespassing, the owner should put up warning signs about potential hazards that the trespasser may face.

Children

Since children lack the cognitive abilities of adults, the property owner has to take extra care of premises liability lawsuits involving children. Things classified as “attractive nuisances,” like trampolines and swimming pools, have a tendency to make children wander into properties, knowingly or unknowingly. In such cases, the owner owes a duty of care to children on their property because there are chances of attractive nuisances leading to injury or even death.

Also, property owners have the responsibility to protect children from attractive nuisances. Protection here means setting up a fence around the problematic element to prevent any untoward incident. If they fail to do so, the property owner can be held responsible for any incidents that may occur.

Employees

Employees can apply for premises liability only if they are injured on a worksite or a part of a worksite that is not owned by the employer.

Premises liability for employees is often confused with worker’s compensation, which is something that an employee who’s injured at work should file for. 

Premises Liability Claims in Albany

Premises liability claims arise when someone is injured on someone else’s property due to negligent actions or a hazardous condition. These claims can include slip-and-fall accidents, dog bites, swimming pool accidents, elevator and escalator accidents, and more. Property owners and occupiers have a legal duty to maintain a safe environment for visitors and guests. If they fail to do so, they can be held responsible for any resulting injuries. 

Steps to Filing a Premises Liability Claim in Albany

If you have been injured on someone else’s property, you should take the following steps to file a premises liability claim:

1. Seek medical attention: Your health and safety are top priorities. Seek medical attention immediately after an accident and document all injuries and medical treatments, as you will need these documents later on.
2. Report the incident: Report the incident to the property owner or occupier and request a copy of the incident report.
3. Gather evidence: Take photos of the hazardous condition that caused your injury and collect the contact information of any witnesses.
4. Contact an attorney: Contact an Albany premises liability attorney to help you navigate the legal process and get compensated.
5. File a claim: Your attorney will help you file a claim and negotiate with insurance companies to obtain a fair settlement. If necessary, your attorney will represent you in court.

Contact Albany Premises Liability Attorneys

Premises liability claims can be complex, and navigating the legal system can be overwhelming. That’s why it is essential to seek the help of an Albany premises liability attorney with years of experience representing clients in personal injury cases. An experienced attorney will help you get compensated. So, do not hesitate to contact personal injury lawyers for a free consultation.

Conclusion

In conclusion, premises liability claims are a serious issue in Albany, and victims are entitled to receive legal help from experienced, reliable attorneys. If you are injured due to the negligence of a property owner or occupier, you can contact Albany premises liability attorneys for a free consultation and get help navigating the legal process and acquiring your rightful compensation.