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Residential Property and Premises Liability

March 30, 2016 Personal Injury,Personal Injury FAQs,Premises Liability

In a recent article in the New York Times, whether by choice or by circumstance, millions of Americans are renting rather than buying homes. According to the Rental Protection Agency, the United States has approximately 110,000,000 renters and approximately 23,000,000 landlords. There are more than 2,600 new renters every day. And, according to the New York Times, nearly half of all renters today pay more than 30% of their income on rent.


If you sustained an injury on someone’s property, you should consult with a personal injury lawyer if the property owner was perhaps negligent.  

In cases that involve a premises liability, either a property owner or an occupier can be held responsible. Who was in control of the part of the property where the injury occurred– or who should have been in control – plays a role in who is held liable.

Understanding Premises Liability Laws and Personal Injury Liability

Whether commercial or residential, under premises liability laws, those who own any type of property have a duty imposed on them. The duty’s nature depends on what the property is used for and on why people are coming to it. There are three major categories used that classify the duty of any property owner or manager:

  • Invitee: If people come to your property to do business with you for your profit or benefit, they are classified as invitees and they are owed the highest duty of care. You will commonly find this in commercial buildings such as stores. It is the same if you do business out of your residential property or invite someone to your home for your sole benefit, then that person is also classified as an invitee. If invitees are coming to your premises, it is important to inspect the premises regularly so that you can identify dangers. And you must make sure to make those dangers safe or warn invitees about them.
  • Licensee: Licensees are people who come with your permission, but are there for the mutual benefit of the property owner and the guest. For example, if you invite your friend or even a neighbor over for brunch or coffee he will be classified or categorized as a licensee. Licensees are owed an intermediate duty – you need to make sure that you make any dangers safe or warn your guests of any dangers that you know about or should know about.
  • Trespassers: People who come to your house without your permission are known as trespassers. They are owed a minimal duty – you cannot set traps to hurt them.

If someone got hurt on your property and you find yourself facing liability, this body of law will govern to determine whether you breached your duty or were negligent and are thereby liable. In a majority of cases, your liability will be covered by your homeowners’ insurance policy, so your insurance provider will be better able to explain the law to you.

The Best Law Firm Standing

If you sustained injured on someone’s property, you should consult with a personal injury lawyer at Rosenberg, Minc, Falloff, & Wolff of RMFW Law firm at 212 697 9280. You can discuss the merits of your case during a free consultation. The first meeting is on us!

We have won millions of dollars for past clients. You too can be on this standout list. We know how to build amazing cases. We know how to attack the other side. Give us a call – 212 697 9280. Let us see if your case is genuine. Do you want your voice heard?