Every day, New Yorkers enter the homes and businesses of others to visit or shop. Yet, patrons rarely think of their safety when coming onto these premises. This is because laws exist to protect invitees from dangerous conditions. However, despite these laws, some property owners still fail to discover hazardous conditions, warn invitees and remedy the condition. All too often this results in serious injuries.
Unfortunately, one woman now knows the dangers of an unkempt premise all too well, and it may cost her, her livelihood. Reports indicate the woman, who is a renowned pianist, was at a movie theater when her finger was severed by a defective bathroom door. Her left middle finger apparently got caught in the door, resulting in the serious injury. She has since filed a lawsuit against the theater, claiming that she has lost full use of her finger and will have permanent pain. In addition to her physical pain, this injury very well could damage the woman’s professional life and the reputation she has worked so hard to build.
Though this incident occurred out-of-state, it highlights just how damaging a premises liability injury can be to an individual. People can face excruciating pain as well as financial loss in the form of lost wages and medical expenses. Such a mishap can even ruin an individual’s career. Recovering these losses can be difficult.
Showing premises liability requires proving certain elements existed at the time of the accident. For example, it must be established that the defendant actually owned the property where the accident occurred. The victim must also show what the person’s status was while on the property. Patrons of a business, for example, are typically considered invitees. Then, the plaintiff must show that the defendant knew or should have known of the dangerous condition through reasonable inspection.
Source: The San Marino Tribune, “Pianist Sues Theater Owners After Finger is Severed,” Jun. 30, 2014