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Premises liability suit filed against auctioneer, property owner

On Behalf of | Sep 11, 2016 | Premises Liability

A man in a different state recently accused a property owner and auctioneer of negligence after he stepped on a rake and suffered injuries. The incident occurred in 2014. Both the property owner and auctioneer have denied liability in this premises liability claim. If a business owner in New York or elsewhere causes a guest to suffer harm due to dangerous property conditions, grounds for a civil claim for damages may exist.

The man claimed he had received an invitation to go to the property where he was later injured. The accident allegedly occurred when he was entering the property’s barn. The auctioneer and the property owner reportedly made the power go out, and at that time, the plaintiff stepped onto a garden rake’s metal prongs.

The plaintiff claimed he injured his right foot after making contact with the rake. This later caused him to suffer an infection. He asserted that he had to undergo multiple surgeries as well as have his middle toe amputated as a result of the rake incident. According to the plaintiff, the defendants should not have allowed the rake’s metal prongs to be facing upward on the ground. The defendants are also accused of not providing enough lighting in addition to failing to warn guests about the rake’s placement.

The plaintiff is seeking over $50,000 in his lawsuit, along with the costs associated with the litigation. Property owners in New York have a duty to ensure that their premises are safe for visitors, and if they fail to do this, those who are injured on their properties as a result have the right to pursue premises liability claims against them. No amount of money can undo the events leading to a serious injury stemming from a hazardous property condition, but it may help the victim to more easily move forward from the ordeal.

Source:, “Auctioneer, property owner deny liability in suit alleging injuries from upturned garden rake“, Heather Isringhausen Gvillo, Aug. 30, 2016


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