Premises Liability Lawyer Rochester

Representing Clients in Buffalo, Rochester & Surrounding Areas

Premises liability refers to the area of law covering injuries caused by unsafe or hazardous conditions on someone else’s property. These injuries can occur in a variety of settings—homes, rental units, commercial buildings, parking lots, or public areas. They also include incidents such as dog attacks, negligent security cases, and other events resulting from a property owner’s failure to maintain safe conditions.

Most often, premises liability cases involve:

• Defects in stairs or steps: These defects can cause someone to fall or be injured.
• Falls on ice and snow: These are common during Rochester's harsh winters.
• Slips and falls inside stores: Often caused by wet floors or spilled items.
• Swimming pool accidents: These can occur due to improper maintenance or lack of supervision.
• Dog bites and/or attacks: Often occurring when a dog escapes the owner's property.
• Assaults due to negligent security: When property owners fail to ensure adequate security.
• Theme park/amusement park accidents: These often result from mechanical failures or inadequate warnings.
• Slips, trips, falls, and other accidents on rental properties: Often due to poor maintenance.

If you were injured after slipping and falling or due to dangerous conditions on someone else’s property, you may have grounds to bring a premises liability claim against the landowner or another liable party.  A successful claim will allow you to recover compensation for your damages, which may include medical bills, lost wages/income, pain and suffering, and more. Our experienced team has the knowledge needed to guide you.

Call Faraci Lange, LLP at (888) 997-4110 or contact us online for a free, confidential evaluation with one of our Rochester premises liability attorneys. 

Understanding Homeowners' & Business Owners’ Insurance Coverage

Typically, liability for injuries occurring on private residential property is covered by homeowner's insurance. The coverage under these policies is actually quite broad, but it is not without limits. Similarly, there is usually some sort of business insurance that covers losses that occur due to injuries suffered on a commercial/business premises.

It's crucial to understand the limitations and exclusions of these insurance policies. Homeowners' and business insurance often include exceptions for certain types of injuries, such as those resulting from acts of nature or intentional acts by the policyholder. Moreover, policyholders must ensure they comply with all safety regulations and standards to avoid voiding their coverage. Businesses, in particular, should be diligent in maintaining safe premises and conducting regular safety audits.

In some instances, there is no insurance coverage for a particular injury, and the person or company that caused the injury must be sued individually. Because of the protections of federal bankruptcy laws, this can create a situation where even if you are successful before a jury, there may be no assets available to satisfy the judgment. Thus, before proceeding with a lawsuit, a thorough investigation into the potential assets available to satisfy the judgment must be completed, and a reasonable prospect for collecting the judgment must be found.

Establishing Fault Is Key to Success in Premises Liability Claims

Not all injuries that occur on private, public, residential, or commercial property are actionable in court. For instance, falling in a parking lot on ice and snow that has just fallen or formed is typically not the type of injury that would give rise to a successful lawsuit. To be successful in such instances, there must be proof of notice given to the owner of the dangerous condition (e.g. the ice was there and unremedied for a substantial length of time) or that the owner somehow created the dangerous condition. For example, if a stairway is covered by an awning with a defective gutter that allows water to drip and freeze on the steps, and the owner is aware of this defective gutter, then it may not be necessary to prove that the owner was aware of the ice upon which the injured victim fell. However, most injuries suffered in the winter in Rochester, Buffalo, and the surrounding areas as a result of falls on ice or snow are not actionable because neither notice nor a defective condition can be established.

Successfully establishing fault often requires an in-depth investigation to gather evidence and identify witnesses who can testify about the condition of the premises. Sharing photographs, video footage, and maintenance records can help substantiate claims of negligence by the property owner. Legal proceedings may also involve expert testimony to assess the safety conditions of the premises at the time of the accident. Therefore, a comprehensive approach is essential for building a robust premises liability case.

Why Choose the Attorneys at Faraci Lange, LLP?

Our firm has been handling cases on behalf of seriously injured victims of property owner negligence for over 52 years. Our Buffalo premises liability attorneys have vast experience in evaluating potential cases in this area and distinguishing those that have a reasonable chance of success from those that do not. Faraci Lange, LLP has more attorneys listed in Best Lawyers in America® in the area of Personal Injury Law than any other firm in the Rochester area.

When you work with Faraci Lange, LLP, you'll find that our commitment extends beyond mere legal representation; we aim to empower our clients through clear communication and accessible legal guidance. Our attorneys consistently refine their knowledge of local and state premises liability laws to provide informed counsel. We prioritize understanding each client's specific situation, thereby offering tailored strategies that align with their individual needs and expectations.

Rochester-Specific Premises Liability Considerations

Rochester’s climate, building structures, and local ordinances contribute heavily to premises liability cases:

Harsh Winters & Ice Hazards

Property owners must promptly clear ice and snow from sidewalks, walkways, steps, and parking lots. Failure to salt, sand, or shovel in a reasonable timeframe may be considered negligence.

Aging Infrastructure & Building Codes

Rochester’s mix of historic and modern buildings demands consistent maintenance. Broken handrails, uneven stairs, poor lighting, and outdated safety features often contribute to preventable injuries.

Local Regulations & Seasonal Requirements

City ordinances and safety codes are updated periodically. Property owners are responsible for staying compliant to avoid liability.

Faraci Lange, LLP understands these local factors and uses this knowledge to strengthen your claim and anticipate property owner defenses.

How Faraci Lange, LLP Stands Apart in Rochester

As a leading premises liability attorney in Rochester, Faraci Lange, LLP distinguishes itself through a personalized approach to every client's situation, backed by decades of experience and a proven track record in successfully handling premises liability cases. The firm's local presence gives its attorneys an in-depth understanding of regional legal landscapes and court tendencies, which can be instrumental in formulating an effective legal strategy.

Unlike other firms, Faraci Lange, LLP emphasizes open communication and accessibility, ensuring clients are well-informed and supported throughout the legal process. This commitment is demonstrated by the firm's contingency fee policy, which ensures that clients do not bear financial burdens unless compensation is recovered. Our attorneys are always available to provide guidance, resources, and reassurance, solidifying our position as trusted advocates in the Rochester community.

Frequently Asked Questions about Premises Liability in Rochester

What Is a Premises Liability Claim?

A premises liability claim involves legal responsibility taken by property owners or managers for injuries that occur on their property due to unsafe conditions. In Rochester, like elsewhere, these claims arise when negligence leads to accidents, such as slip and falls, dog bites, or injuries sustained due to poor maintenance. An injured party must demonstrate that the injury resulted from the property owner’s negligence or a failure to maintain reasonable safety standards to move forward with a claim. In-depth analysis and evidence collection are crucial in establishing the link between the property hazard and the injury sustained.

How Do Rochester's Winters Affect Premises Liability?

The city of Rochester experiences harsh winter conditions, making it imperative for property owners to stay vigilant in maintaining safe environments. Premises liability cases during winter often involve slip-and-fall accidents on icy walkways and steps. According to local ordinances, property owners are required to clear snow and ice within a reasonable time frame. Failing to do so can constitute negligence. However, the timely presentation of evidence showing whether sufficient de-icing measures were taken can heavily influence the outcome of any legal proceedings in these cases.

What Steps Can Property Owners Take to Avoid Liability?

Property owners in Rochester can take several proactive steps to reduce their liability risks. Conducting regular safety inspections, promptly addressing maintenance issues, and deploying preventive measures like installing slip-resistant materials on floors and stairs can significantly reduce hazards. Alarm systems and adequate lighting also deter criminal activity, reducing the likelihood of negligent security claims. Additionally, staying updated on local safety regulations and maintaining adequate insurance coverage are important preventative strategies.

Why Choose a Rochester-Based Attorney for My Premises Liability Case?

Choosing a Rochester-based attorney ensures that you benefit from a lawyer who understands local laws, weather-related challenges, and the tendencies of local courts and juries. Attorneys like those at Faraci Lange, LLP possess insider knowledge that can be leveraged to your advantage. Local attorneys also maintain relationships with nearby experts and resources that can be pivotal in gathering evidence and building a strong case. This local familiarity, combined with personalized service, ensures that each client’s needs and circumstances are fully considered.

What Compensation Is Available in a Premises Liability Case?

Victims of premises liability incidents in Rochester may be entitled to a range of compensations. These can include economic damages such as medical expenses and lost wages, as well as non-economic damages like pain and suffering or emotional distress. Calculating these damages can be complex, often requiring legal expertise to ensure comprehensive coverage. Attorneys at Faraci Lange, LLP work diligently to gauge the entire impact of an injury on a client’s life, pursuing full and fair compensation on behalf of their clients.

To speak to an attorney about your potential case, contact us online or by phone at (888) 997-4110. There are no attorneys’ fees unless we recover compensation for you.