To prevail in a slip and fall claim, the individual bringing the claim must prove certain elements for the accused property owner or possessor to be liable. If they fail to do so, the property owner or possessor may not be considered liable which is why property...
Premises Liability Defense
What are potential defenses to dram shop lawsuits?
It is fairly common knowledge for people living in New York that driving a vehicle after drinking too much alcohol is dangerous. It impairs people’s ability to concentrate, dulls their reaction time and affects driver in other ways. Drunk drivers can cause serious car...
Common slip-and-fall defenses
If someone slips and falls on your store premises, their first thought may be to blame you as the store owner, as well as store employees and managers. However, just because a slip-and-fall accident occurred at your store, does not mean that you should be held liable...
Preparing commercial spaces for winter conditions
Fall has arrived in New York and residents may begin to see the changes that come when the end of the calendar year approaches. The sun sets earlier, the temperatures drop faster, and precipitation begins to fall and can accumulate on sidewalks, windshields, and other...
New Yorkers charged with illegal trip-and-fall scheme
As business owners, we are always on the lookout for things that can affect our business, but unless one is a lawyer, owners are seldom on the lookout for trip-and-fall fraud. Though, if an owner operates in a physical location, one has to be on the lookout for...
How to challenge a premises liability claim
Commercial property owners in New York carry insurance that covers injuries that may happen on their premises. This insurance protects the commercial property owner against claims brought by those allegedly injured on their premises. The following is a basic overview...
We can protect large retailers against costly liability claims
While it might seem otherwise in the eyes of the public, large regional and national retail outlets that operate in New York have to watch costs and expenses just like every other business. One need only watch the news to realize that bigger retailers are not immune...
How may foreseeability impact premises liability defense?
Premises liability is the area of the law that concerns torts that happen due to property conditions. For example, when a New Yorker slips and falls on a wet patch of floor at the store, they may have a claim for their losses due to the negligence of the store and its...
Defenses to retail store injury claims in New York
When people go out to a retail store to shop and are injured, it can result in a claim against the business. These injuries may include slips and falls, head and body injuries, harm due to overcrowding or parking lot injuries. Slips and falls can be caused by wet or...
New York dram shop liability
Businesses who sell alcohol in New York should be aware of what dram shop liability is and how it can affect them. If a person is injured by someone who was intoxicated because of an unlawful sale of alcohol by the business, he or she may have a dram shop liability...