duty of care
Posted on October 22, 2021 in Premises Liability
Have you or a loved one suffered injuries on the premises of another party? You may have plenty of questions after the incident, including who is at fault, how you should go about paying your medical bills, as well as how you should go about claiming justice and compensation. When filing a personal injury case, you will come across the terms “duty of care” and “negligence” often.
Under the law, everyone has a “duty of care” to act reasonably in the interests of others’ safety. When a premise liability lawyer mentions “duty of care”, this refers to the property owner’s responsibility in ensuring that their property is safe for visitors. This “duty of care” also applies to businesses, especially those that receive customers. For instance, if a café fails to put up proper signs and/or anti-slip mats on a rainy day, causing a customer to slip, this can constitute a breach of duty on care.
How to Prove Breach of “Duty of Care” in New York
When you have been the victim of a personal injury on another party’s premises, you may be wondering how you can receive legal compensation. In order for a lawsuit to be successful, four elements need to be proven: the existence of a duty of care, breach of that duty, causation and damage.
Once you have established that the defendant has a duty of care towards you, you must be able to prove that they have failed to act in accordance with that duty and as a result, you suffered harm. In addition, it must be proven that the cause of the injury or damage you sustained was due to the defendant’s breach of duty.
Do I Have A Case of Premises Liability “Duty of Care”?
All property owners are subject to premises liability, which is the responsibility to maintain a reasonably safe environment for all visitors onsite. However, whether you have a case can depend on several factors, including:
- Circumstances under which you entered the property – whether you are an invitee, social guest, licensee or trespasser
- Conditions of the property
- Whether the accident or injury that occurred was foreseeable
- Extent of owner’s effort to warn visitors about or repair a dangerous condition
Keep in mind that visitors on premises are also required to exercise reasonable care for their own safety, and this will be weighed up against the defendant’s “duty of care” when establishing fault.
Types of Premise Liability Accidents
Below are some common types of liability accidents:
Pazer, Epstein, Jaffe & Fein, PC Can Help with Your Premises Liability Case
At Pazer, Epstein, Jaffe & Fein, P.C. our experienced attorneys can assist you with your premises liability case. You can contact us for a free consultation and take a look through our testimonials for more information. We have experience representing clients across New York City, including Manhattan, Brooklyn, Queens the Bronx, Westchester, and Long Island.