What Constitutes a Hazard in a Premises Liability Case in New York?

Property owners in Queens, NY have a legal responsibility to keep their premises reasonably safe for all visitors. If you have been injured due to unsafe conditions, you may be able to file for compensation. A premises liability lawyer in Queens can provide advice on whether a hazard existed and what steps you need to take next.

What Constitutes a Hazard in a Premises Liability Case in Queens, NY?

Does a Hazard Need to Exist to Claim for Compensation?

Not all accidents are the fault of another person, so proving liability is an essential element of any premises liability claim. You must demonstrate that a hazard existed and that the property owner should have been aware of it. You don’t need to know the exact nature of the hazard, but you must show that the property was unsafe.

For example, if you slipped on a wet floor, you are not obligated to prove why the floor was wet. Proving that the floor was wet and there were no warning signs is sufficient grounds to file a claim. Conversely, if the floor was not wet, and you tripped because you were looking at your cell phone while walking, it would be more difficult to prove the property owner was liable. Legal advice is essential to assess the circumstances of the case.

What Types of Unsafe Conditions Can Be Described as a Hazard?

Any unsafe conditions that cause you to trip and fall or sustain an injury can be described as a hazard. To file a claim, New York law requires that the hazard could not have been obvious and that no appropriate steps had been taken to warn you. There is no definitive list of what constitutes a hazard, but it can be broken down into two broad groups:

Slips, Trips, and Falls

Slips, trips, and falls are among the most common types of claims. Typical examples of hazards that might cause them include:

• Wet floors
• Uncleared ice and snow
• Obstacles or loose cables
• Cracked pavement or sidewalks
• Ditches or potholes
• Loose flooring
• Inadequate lighting
• Broken, missing, or loose handrails
• Uneven stair treads
• Crumbling steps

Other Causes

Slips, trips, and falls are not the only types of accidents that can occur. Examples of other hazards include:

• Falling objects
• Overgrown trees, plants or shrubbery
• Missing fences or guardrails
• Animal attacks
• Inadequate maintenance
• Exposed electrical wiring
• Unmarked heights
• Flimsy decking or balconies
• Inadequate security measures
• Unsafe swimming pools

Consult a Premises Liability Lawyer

When an accident occurs, the circumstances can be complex, so it’s advisable to seek assistance from an experienced premises liability attorney. They will assess the case and advise whether a hazard was present. Property owners are responsible for keeping their premises safe in various ways, so they may have breached their legal obligations without your knowledge. Therefore, it’s always recommended to seek professional advice.

As experienced personal injury attorneys, we understand how devastating the consequences of an accident can be. We are proud to have helped clients in Queens, the Bronx, Manhattan, Long Island, and Brooklyn obtain the compensation they deserve. To find out how we could help you, contact us at Bardizbanian & Associates, P.C. in Queens, NY today.

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