O'Connor, O'Connor, Bresee & First, P.C.
877-886-4029 Toll Free
518-465-0400 New York

Work with us to build strong premises liability defense

Premises liability, as some of our readers may know, is the area of personal injury law dealing with the liability of property owners and businesses for injuries suffered on their property. Although premises liability is often referenced under the banner of “slip-and-fall” cases, there are more possibilities for such injury than wiping out on a slick surface.

Premises liability cases can be sought by anybody who is injured while they are lawfully on the property of another, whether because they were invited as a social guest or hired to do work. Damages may also be sought, though, by those who were trespassing on the property at the time of the injury, when the plaintiff is able to prove that the property owner knew of the trespassing but failed to take steps to prevent injuries. 

While it may not seem fair that a property owner should have to pay damages to an injured trespasser, the law recognizes that there are situations where a property owner allows trespassing for the sake of convenience but fails to ensure that those making use of his property are safe from harm that could result from using that property. Trespassers, in other words, have an expectation that property owners will offer reasonable protection from harm when they allow trespassers to continue using their property.

Still, it is important for property owners, businesses to realize that they are not necessarily liable anytime a trespasser is injured on their property. In some cases, measures are taken to prevent injury to trespassers and others coming on the property, injury still occurs, and the injured party still attempts to hold the business or property owner accountable. Working with an experienced attorney is important in such cases to prevent the inappropriate assignment of premises liability or at least to minimize that liability, as well as to work at reducing the risk of such litigation in the future. 

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