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Date: 05-01-2023
Case Style:
Case Number: 2:23-cv-00782
Judge: Nicholas G. Garaufis
Court: United States District Court for the Eastern District of New York (Nassau County)
Plaintiff's Attorney:
Defendant's Attorney: Demetra Sophocleous
Description: Central Islip, New York personal Injury lawyer represented Plaintiff who sued Defendant on a premises liability theory.
This case was filed in the : Supreme Court State of New York, Nassau County, 601171/2022, and was removed to federal court by Defendant.
Premises liability law in New York is a complex area of law that governs the legal obligations of property owners to keep their premises safe for visitors. Under New York law, property owners owe a duty of care to all invitees, licensees, and trespassers to keep their premises in a reasonably safe condition. This means that property owners must take steps to identify and repair any hazards that could cause injury to visitors.
The specific duties owed by property owners will vary depending on the status of the visitor. Invitees are those who have been invited onto the property for business or social purposes. Licensees are those who have been granted permission to enter the property for their own convenience, such as a delivery person or a guest of a tenant. Trespassers are those who are on the property without permission.
The duty of care owed to invitees is the highest. Property owners must exercise reasonable care to keep their premises safe for invitees. This includes inspecting the property regularly for hazards, repairing any hazards that are found, and warning visitors of any known hazards.
The duty of care owed to licensees is lower than the duty of care owed to invitees. Property owners must exercise ordinary care to keep their premises safe for licensees. This means that they must take steps to identify and repair any hazards that are likely to cause injury to licensees. However, they are not required to warn licensees of known hazards.
The duty of care owed to trespassers is the lowest. Property owners are not required to take any steps to protect trespassers from harm. However, if a property owner knows that a trespasser is present and creates a new hazard that causes the trespasser to be injured, the property owner may be liable for the injury.
If you have been injured on someone else's property, you may be able to file a premises liability lawsuit against the property owner. To be successful, you must prove that the property owner owed you a duty of care, that the property owner breached that duty, that the breach was the proximate cause of your injury, and that you suffered actual damages.
If you have been injured in a premises liability accident, it is important to speak with an experienced personal injury attorney as soon as possible. An attorney can help you understand your legal rights and options and can represent you in negotiations with the property owner or their insurance company.
Outcome: 05/01/2023 14 MEMORANDUM & ORDER granting Plaintiff's 9 Motion to Remand to State Court. So Ordered by Judge Nicholas G. Garaufis on 5/1/2023. (certified copy of this Order mailed to New York Supreme Court, County of Nassau - Clerk, 100 Supreme Court Drive, Mineola, NY 11501: Supreme Court State of New York, Nassau County - Index No. 601171/2022) (TLH) (Entered: 05/01/2023)
Plaintiff's Experts:
Defendant's Experts:
Comments: