Laura Calvoni v. Native Trading Associates, L.L.C.

Plattsburgh, New York personal injury slip and fall lawyer represented the Plaintiff who sued the Defendant on a premises liability negligence theory.



"New York premises liability law dictates the legal obligations of property owners and occupiers to maintain their premises in a reasonably safe condition and to avoid foreseeable injuries to visitors.



Here are the key points of New York premises liability law:



Duty of care: Property owners have a duty of care to all lawful visitors, which means they must take reasonable steps to keep the premises safe from hazards. This duty varies depending on the type of visitor:

Invitees: These are people who come onto the property with the express or implied permission of the owner for the owner's benefit, such as customers in a store. Owners owe the highest duty of care to invitees, which means they must actively inspect the premises for hazards and fix them promptly.

Licensees: These are people who come onto the property with the owner's permission but not for the owner's benefit, such as social guests. Owners owe licensees a general duty of care to warn them of any known dangers on the property.

Trespassers: Owners generally have no duty to warn trespassers of dangers on the property, but they cannot intentionally injure them. However, there are some exceptions to this rule, such as child trespassers.



Breach of duty: To succeed in a premises liability lawsuit, the injured person must prove that the owner breached their duty of care. This means that the owner must have done one of the following:

Created the hazard that caused the injury

Knew about the hazard but failed to fix it

Should have known about the hazard but failed to inspect the property for it



Proximate cause: The injured person must also prove that the owner's breach of duty was the proximate cause of their injury. This means that the injury would not have happened but for the owner's negligence.



Damages: If the injured person can prove both breach of duty and proximate cause, they may be entitled to damages for their injuries, such as medical expenses, lost wages, and pain and suffering.



Here are some common examples of premises liability cases in New York:



Slip and fall accidents on wet floors or icy sidewalks

Injuries caused by falling objects, such as defective ceiling tiles or falling merchandise

Dog bites

Swimming pool accidents

Negligent security leading to assault or robbery



If you have been injured on someone else's property in New York, you should consult with a qualified premises liability attorney to discuss your legal options."



Google Bard

Settled for an undisclosed sum and dismissed with prejudice.