O'Connor, O'Connor, Bresee & First, P.C.
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Premises Liability Archives

Protecting your trespasser: the impact duty of care has on premises liability

As summer draws to a close, many homeowners may head out of town for one last getaway before the advent of the academic year. An extended weekend may prove relaxing, but if you own property with a pool or trampoline on its premises, you may be concerned about your liabilities when you are away. If you have been following our blog, you may have read our suggestions for promoting pool safety. In addition to remaining cognizant of your responsibilities as a homeowner on the premises, there may be considerations to keep in mind before you leave your home.

Defending property and business owners when slips, trips and falls occur

According to the nonprofit Common Good, annually an estimated 15 million civil lawsuits are filed in the U.S. While there are certainly many cases in which liability and negligence are obviously a factor, many other lawsuits are frivolous in nature and are filed by individuals who are simply attempting to capitalize on a situation.

Premises liability and swimming pools: part I

In the coming summer months, many residents in the Albany area will head to both private and public pools to cool off. While swimming pools are readily associated with having fun, every swimming pool, regardless of size or depth also poses hazards. For homeowners who own swimming pools, it's important to ensure that steps are taken to provide for the safety of pool guests and to protect against possible trespassers.

Judge dismisses slip and fall case, citing business preparedness

For residents in New York and the Northeast region of the United States, this past winter was one of the harshest and snowiest on record. As a result, the topic of snow removal and how to ensure for the safe transport of residents to and from work and school was a topic of much conversation.

In slip-and-fall cases, negligence is often difficult to prove

It's a reality of life that accidents involving trips and slips happen. In many cases when these types of accidents occur at retail stores, restaurants and hotels; injured parties attempt to take legal action. Even in cases where an accident is simply just that or where an individual’s own actions contributed to their injuries, businesses throughout New York State are often targeted in lawsuits claiming negligence in slip-and-fall cases.

Shoveling snow may be a pain, but it beats the alternatives

The state of New York and the city of Albany take snow removal seriously. Property owners -- whether residential or commercial -- have 24 hours from the end of the storm to clean all of the sidewalks around your property, including handicap ramps. The city asks, but does not require, that property owners clear the snow from around fire hydrants, as well. You never know if someone will need it, and we would all rather have firefighters fighting fires than shoveling snow.

You can't do anything about the weather except try to stay safe

The Times Union reported last week that the Albany airport has had more than 70 inches of snow during February. Snow is up, but temperatures have been in the cellar. This may be the second coldest February on record.

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.

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