Premises Liability

New York law provides that owners and occupiers of land owe a duty to each entrant to exercise ordinary, reasonable care under the circumstances. Basso v. Miller, 40 N.Y.2d 233, 352 N.E.2d 868 (1976). This rule means that a property owner must take reasonable steps to ensure that the environment is safe to parties that may foreseeably come on to the premises.

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Unfortunately, there is no precise way to measure what is “reasonable,” though the law defines the term as what a person of ordinary intelligence and judgment would do under identical circumstances. Whether a landowner’s actions constitute “reasonable care under the circumstances” is a heavily litigated issue and this standard is susceptible to varying interpretations by a jury.

Those injured on another’s property due to the property owner’s negligence may be awarded monetary damages for their injuries.

In all matters involving personal injury it is essential that measures be taken promptly to preserve evidence, investigate the accident in question, and file a lawsuit prior to the deadline imposed by the statute of limitations. If you or a loved one is a victim of personal injuries, call McPhillips Fitzgerald & Cullum LLP now at 518.792.1174 or submit a simple case review form. The initial consultation is free of charge, and if we agree to accept your case, we will work on a contingent fee basis, which means we get paid for our services only if there is a monetary award or recovery of funds. Don’t delay! You may have a valid claim and be entitled to compensation for your injuries, but a lawsuit must be filed before the statute of limitations expires.

The above is not legal advice. That can only come from a qualified attorney who is familiar with all the facts and circumstances of a particular, specific case and the relevant law. See the terms of use.

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