Premises liability law deals with accidents and injuries that occur on the property belonging to someone else (for example, injuries that occur on a public sidewalk or in the grocery store). One type of accident that falls within the realm of premises liability is those related to falling objects and equipment malfunctions. This may occur on construction sites, in retail stores, and other common or public areas.
If involved in an accident caused by falling objects or equipment malfunction in New York, and if that accident occurred on property other than your own, you may be eligible to recover compensation for your medical expenses, pain and suffering, and more.
Dangers of Falling Objects and Debris
Falling objects can be a true hazard in a workplace, construction site, public area, privately-owned business, or even a residential home. Falling objects can cause serious injury or even death to an unsuspecting person.
- broken bones.
- internal and external injuries.
- traumatic brain injuries.
- neck and spine injuries.
- and, death.
A common setting for accidents caused by falling objects is construction sites. This is why it’s so important that construction workers always wear protective headgear and other safety equipment like sturdy boots. In many cases, flying debris and falling objects are a result of a fire, explosion, equipment collapse, negligence performing overhead work or a defective product.
Accidents Caused by Equipment Malfunction
Another common type of premises liability lawsuit involves injuries caused by malfunctions in equipment. An equipment malfunction can happen anywhere and can range from construction equipment malfunctions to retail equipment malfunctions to the malfunction of amusement ride equipment. Much like accidents involving falling objects, equipment malfunctions can also cause severe injuries, amputations, brain injuries, and death in extreme cases.
New York Premises Liability Law & Falling Object/Equipment Malfunction Claims
If you have sustained an injury from falling objects, equipment malfunction, or other causes while on another person’s property in New York, the owner of that property will be responsible for your injuries in the case that the owner acted negligently.
In New York, the elements of a premises liability case require proving the following elements.
- you were on the property (lawfully, and not trespassing).
- an unsafe condition was present (such as the falling objects or equipment malfunction).
- the owner was aware or should have been aware of the hazard.
- and, the hazard and the lack of action by the owner to remedy the hazard was the cause of your injury.
Therefore, if you were involved in an accident that involved malfunctioning equipment or falling objects or debris, and if your accident could have been prevented had the property owner acted responsibly, the property owner may be liable for your injuries and any resultant damages.
In New York, the statute of limitations for pursuing a premises liability case is generally three years from the date of injury, according to New York Civil Practice Laws & Rules section 214. As such, it’s important that you act immediately if you want to recover compensation for your falling objects or equipment malfunction accident.
Hire an Attorney for Your Falling Objects or Equipment Malfunction Case
If injured on someone else’s property, the time to act is now. The attorneys at Gacovino, Lake & Associates, P.C. in New York can guide you through the process of filing your claim and provide you more information about your case. For a free consultation, call us today at 800-550-0000 or contact us online to get started.