The area of law that deals with injuries that occur from falls or other accidents on someone’s property is called premises liability. This practice area also includes incidents such as when you are attacked by a dog that strays from the owner’s property.
More typically, premises liability involves:
- Defects in stairs or steps that cause someone to fall or be injured
- Falls on ice and snow
- Slips and falls inside a store caused by a foreign substance spilled on the floor and a variety of other types of cases.
Home Owners’ Insurance Coverage
Typically, liability for this type of injury caused by an individual is covered by homeowner’s insurance. The coverage under these policies is actually quite broad but not without limits. Similarly, there is usually some sort of business insurance that covers losses which occur due to injuries suffered on business premises.
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 judgement. Thus, before proceeding with a lawsuit in such a situation 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.
To Succeed You Must Establish Fault
Not all injuries that occur on the premises of a homeowner or a business 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 and Monroe and surrounding counties as a result of falls on ice or snow are not actionable because neither notice nor a defective condition can be established.
Why Choose the Attorneys at Faraci Lange?
Faraci Lange has been handling claims on behalf of seriously injured victims caused by falls and other accidents due to the negligence of the owner of the premises for over 45 years. Our attorneys have vast experience in evaluating potential claims in this area and distinguishing those having a reasonable chance of success from those that do not. Faraci Lange has more attorneys listed in Best Lawyers in America in the area of Personal Injury Law than any other firm in Rochester or anywhere else in New York State.