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Premises Liability

Premises Liability Lawyer Rochester

We Represent Clients in Buffalo & All of the Surrounding Areas

The area of law that deals with injuries that occur from falls or other accidents on someone's property is called premises liability. This practice area also includes incidents such as when you are attacked by a dog that strays from the owner's property or any other accident or event caused by unsafe property conditions and/or a property owner's negligence.

Most often, premises liability cases involve:

  • Defects in stairs or steps: These defects can cause someone to fall or be injured.
  • Falls on ice and snow: These are common during Rochester's harsh winters.
  • Slips and falls inside stores: Often caused by wet floors or spilled items.
  • Swimming pool accidents: These can occur due to improper maintenance or lack of supervision.
  • Dog bites and/or attacks: Often occurring when a dog escapes the owner's property.
  • Assaults due to negligent security: When property owners fail to ensure adequate security.
  • Theme park/amusement park accidents: These often result from mechanical failures or inadequate warnings.
  • Slips, trips, falls, and other accidents on rental properties: Often due to poor maintenance.

If you were injured after slipping and falling or due to dangerous conditions on someone else’s property, you may have grounds to bring a premises liability claim against the landowner or another liable party. A successful claim will allow you to recover compensation for your damages, which may include medical bills, lost wages/income, pain and suffering, and more.

Call Faraci Lange, LLP at (888) 997-4110 or contact us online for a free, confidential evaluation with one of our Rochester premises liability attorneys. 

Understanding Homeowners' & Business Owners’ Insurance Coverage

Typically, liability for injuries occurring on private residential property is covered by homeowner's insurance. The coverage under these policies is actually quite broad, but it is not without limits. Similarly, there is usually some sort of business insurance that covers losses that occur due to injuries suffered on a commercial/business premises.

In some instances, there is no insurance coverage for a particular injury, and the person or company that caused the injury must be sued individually. Because of the protections of federal bankruptcy laws, this can create a situation where even if you are successful before a jury, there may be no assets available to satisfy the judgment. Thus, before proceeding with a lawsuit, a thorough investigation into the potential assets available to satisfy the judgment must be completed, and a reasonable prospect for collecting the judgment must be found.

Establishing Fault Is Key to Success in Premises Liability Claims

Not all injuries that occur on private, public, residential, or commercial property are actionable in court. For instance, falling in a parking lot on ice and snow that has just fallen or formed is typically not the type of injury that would give rise to a successful lawsuit. To be successful in such instances, there must be proof of notice given to the owner of the dangerous condition (e.g. the ice was there and unremedied for a substantial length of time) or that the owner somehow created the dangerous condition. For example, if a stairway is covered by an awning with a defective gutter that allows water to drip and freeze on the steps, and the owner is aware of this defective gutter, then it may not be necessary to prove that the owner was aware of the ice upon which the injured victim fell. However, most injuries suffered in the winter in Rochester, Buffalo, and the surrounding areas as a result of falls on ice or snow are not actionable because neither notice nor a defective condition can be established.

Why Choose the Attorneys at Faraci Lange, LLP?

Our firm has been handling cases on behalf of seriously injured victims of property owner negligence for over 52 years. Our Buffalo premises liability attorneys have vast experience in evaluating potential cases in this area and distinguishing those that have a reasonable chance of success from those that do not. Faraci Lange, LLP has more attorneys listed in Best Lawyers in America® in the area of Personal Injury Law than any other firm in the Rochester area.

To speak to an attorney about your potential case, contact us online or by phone at (888) 997-4110. There are no attorneys’ fees unless we recover compensation for you.

Frequently Asked Questions about Premises Liability in Rochester

What Is a Premises Liability Claim?

A premises liability claim involves legal responsibility taken by property owners or managers for injuries that occur on their property due to unsafe conditions. In Rochester, like elsewhere, these claims arise when negligence leads to accidents, such as slip and falls, dog bites, or injuries sustained due to poor maintenance. An injured party must demonstrate that the injury resulted from the property owner’s negligence or a failure to maintain reasonable safety standards to move forward with a claim. In-depth analysis and evidence collection are crucial in establishing the link between the property hazard and the injury sustained.

Why Choose a Rochester-Based Attorney for My Premises Liability Case?

Choosing a Rochester-based attorney ensures that you benefit from a lawyer who understands local laws, weather-related challenges, and the tendencies of local courts and juries. Attorneys like those at Faraci Lange, LLP possess insider knowledge that can be leveraged to your advantage. Local attorneys also maintain relationships with nearby experts and resources that can be pivotal in gathering evidence and building a strong case. This local familiarity, combined with personalized service, ensures that each client’s needs and circumstances are fully considered.

What Compensation Is Available in a Premises Liability Case?

Victims of premises liability incidents in Rochester may be entitled to a range of compensations. These can include economic damages such as medical expenses and lost wages, as well as non-economic damages like pain and suffering or emotional distress. Calculating these damages can be complex, often requiring legal expertise to ensure comprehensive coverage. Attorneys at Faraci Lange, LLP work diligently to gauge the entire impact of an injury on a client’s life, pursuing full and fair compensation on behalf of their clients.

Why Choose Faraci Lange, LLP?

  • Over 55 Years of Experience
  • 11 Attorneys Listed in Best Lawyers in America®
  • 3 Attorneys Are Part of the American College of Trial Lawyers
  • Focusing Solely on Personal Injury Cases
  • Compassionately Helping Injured Victims in Western NY Since 1968
More Than A Case Our Clients Are Our Priority
"Very helpful, considerate, and compassionate!"

We would highly recommend Faraci Lange and Matthew and his staff. Everyone was very helpful, considerate, and compassionate! ...

- Carol