When the owner of a piece of property does not use reasonable care to keep the property safe for those who have a legal right to go onto the property, a premises liability lawsuit may result. In such an action, the plaintiff must prove, by a preponderance of the evidence, that the defendant’s negligence resulted in his or her injuries. Of course, the defendant will likely deny that he, she, or it should be held liable for the plaintiff’s injuries, and the case may proceed to trial for a determination of the issues.
A party who is dissatisfied by the jury’s verdict and/or the decisions made by the trial court judge may be able to seek further review from an appellate tribunal. If you have been injured and question whether the owner of the property took reasonable care to ensure the safety of those visiting the property, you should speak with a Syracuse premises liability attorney to discuss your case.
Facts of the Case
In a recent case, the plaintiff was a man who filed a personal injury lawsuit against the defendant city, seeking to recover damages for injuries he alleged sustained after tripping on a piece of torn carpeting in the city’s fire department (the plaintiff was employed as a firefighter). The plaintiff’s lawsuit contained allegations under New York General Municipal Law § 205-a, based upon alleged violations of the city’s building code and fire code. The case was tried to a jury, which found that the defendant had violated certain provisions of the city’s building code but that these violations did not cause the plaintiff’s accident either directly or indirectly. The jury also found that there was no violation of New York labor law by the defendant.