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Need a Premises Liability Lawyer? Here’s How to File a Claim in New York

Accidents can happen anywhere, but when they occur on another person’s property as a result of negligence, the repercussions can be severe. New York’s premises liability legislation is intended to protect individuals who are injured on another person’s property. Understanding your rights and the legal procedure is critical, whether you slid on an icy sidewalk, tripped over an uneven floor, or were wounded as a result of poor security. In this blog, we will go over the basics of New York premises liability law and explain how to file a claim.

Premises Liability Lawyer in NYC

Understanding Premises Liability Law in New York

Premises liability law can be complicated, but understanding the basics is critical if you have been injured on someone else’s property. In New York, premises liability cases are based on showing that the property owner’s negligence created unsafe conditions that caused the accident. In the following sections, we will explore key aspects of premises liability law in New York.

What is the Premises Liability Law in New York?

Premises liability law in New York holds property owners and occupiers legally accountable for accidents and injuries that occur on their property as a result of hazardous conditions. This rule applies to a wide range of properties, including residential residences, commercial buildings, public places, and rental properties. The primary objective is to ensure that property owners maintain a safe environment for visitors, tenants, and customers.

When Is a Property Owner Liable for an Accident?

A property owner is responsible for an accident if it can be demonstrated that their negligence caused the unsafe situation that resulted in the injury. Negligence in premises liability suits often includes:

  1. Knowledge of the Hazard: The property owner knew or should have known about the dangerous condition. For example, if a landlord is aware that the handrail on a staircase is loose and poses a risk of injury but takes no action to repair it, and a tenant subsequently falls and gets injured, the landlord can be held liable.
  2. Failure to Fix the Hazard: The property owner failed to repair or remove the dangerous condition in a timely manner. Suppose a supermarket manager knows about a spill in an aisle but does not ensure that it is cleaned up promptly. If a customer slips on the spill and suffers an injury, the supermarket can be held responsible for failing to address the hazard in a reasonable timeframe.
  3. Lack of Warning: The property owner did not provide adequate warning to visitors about the hazardous condition. For instance, if a hotel knows that the flooring in the lobby is uneven and could cause trips and falls but fails to put up warning signs or barriers to alert guests, it can be liable if a guest trips and gets injured. 

In each of these cases, the property owner’s accountability derives from their need to provide a safe environment. If they fail to perform their duties and cause an accident, they may be held legally liable for the damages.

The Statute of Limitations for Premises Liability Claims in New York

In New York, the statute of limitations for pursuing a premises liability lawsuit is normally three years after the accident. This means that you have three years to take legal action against the property owner. Failure to file within this timeframe usually results in the loss of your right to seek compensation. It is critical to act quickly to preserve evidence and bolster your case.

Types of Premises Liability Accidents in New York

There are a wide variety of types of premises liability accidents. However, the following are some of the most common ones:

  • Slips and falls: These are the most typical premises liability claims, which might result from wet flooring, slippery walkways, uneven surfaces, or loose rugs.
  • Trips and falls: These accidents often happen because of poorly maintained walkways, loose carpeting, or hidden hazards.
  • Inadequate security: If a property owner fails to offer adequate security measures, such as suitable illumination or security guards, they may be held responsible for injuries caused by criminal activity.
  • Dog bites: Property owners can be held responsible if their dog bites someone on their property.
  • Swimming pool accidents: These include drownings and injuries caused by a lack of sufficient fencing or supervision.
  • Falling objects: Injuries caused by objects falling from shelves or other elevated surfaces.
  • Electrocution: Caused by exposed wiring or faulty electrical systems.
  • Structural failures: Injuries caused by collapsing buildings, staircases, or balconies.
  • Toxic substance exposure: Injury caused by exposure to hazardous substances such as asbestos, mold, or chemicals.

If you have been injured in any of the situations described above, you should seek legal assistance to receive compensation for your injuries.

Who Can Be Held Responsible for Premises Liability in New York?

In New York, the property owner may not be solely responsible for a premises liability accident. Other parties that may be held accountable include:

  • Property Managers: If a property manager was responsible for maintaining the property and failed to address known hazards.
  • Tenants: In some cases, tenants can be held liable if they created or neglected a dangerous condition in a rented property.
  • Maintenance Companies: Companies hired to maintain the property can be liable if they fail to perform their duties adequately.

What Is the Process for Filing a Premises Liability Claim in New York?

Filing a premises liability claim in New York entails numerous processes. Each stage is critical to putting together a good case and increasing your chances of earning reasonable compensation.

Seek Medical Attention

Your health and safety should be a major priority. Seek quick medical assistance for any injuries, even if they appear minor. Prompt medical attention guarantees that your injuries are documented, which is important for your claim. Medical records will serve as proof of your injuries and the care you received.

Report the Accident

Notify the property owner, manager, or responsible party about the accident as soon as possible. If the accident occurred in a commercial establishment, request that an incident report be filed. Obtain a copy of this report for your records.

Gather Evidence

Gather as much evidence as possible from the accident scene. This may include pictures of the hazardous condition, your injuries, and the surrounding area. Additionally, get contact information and statements from anyone who witnessed the accident.

Consult with a Premises Liability Lawyer

Seek legal guidance from an experienced premises liability attorney. A lawyer can help you understand your rights, assess the strength of your case, and navigate the legal process. They can also help acquire further evidence, negotiate with insurance companies, and represent you in court if necessary.

Following these steps will not only protect your rights, but you will also increase your chances of getting the compensation you deserve.

Evidence You Need

Gathering evidence is one of the most important steps in any kind of premises liability lawsuit. Remember that in order to receive compensation, you must prove that the property owner’s negligence caused the accident that resulted in your injuries. Essential evidence includes:

  • Photographs
  • Medical reports
  • Witness statements
  • Incident reports
  • Maintenance reports

What Damages Can Be Recovered in a Premises Liability Case in New York?

Victims of premises liability accidents in New York can seek different types of damages. These damages are designed to compensate for injury-related losses and hardships. These are the damages that can be recovered in a premises liability case:

  1. Medical expenses: Medical expenses often form the largest component of a premises liability claim. These expenses cover the costs of all medical treatment related to your injury.
  2. Lost wages: Injuries may keep you from working, resulting in a loss of income. Lost wages account for the income you would have earned if you had not been injured.
  3. Pain and suffering: Pain and suffering damages compensate for the physical pain, emotional distress, and loss of enjoyment of life resulting from your injury.
  4. Property damage: If any of your personal property was damaged or destroyed in the accident, you could be compensated for the repair or replacement costs.
  5. Punitive damages: Punitive damages may be assessed in circumstances involving egregious carelessness or willful misbehavior. These damages are intended to punish the culpable person and discourage similar actions in the future.

These types of damages are intended to properly compensate you for the financial and emotional effects of your injury. If you have been hurt as a result of a property owner’s negligence, an experienced premises liability attorney can assist you in identifying and pursuing all of the damages to which you are entitled.

Need a New York Premises Liability Lawyer? Contact Greenberg & Stein, P.C.

Premises liability cases may be complex, particularly when dealing with injuries and rehabilitation. Greenberg & Stein, P.C., is committed to helping victims of premises liability accidents receive the compensation they deserve. Our skilled attorneys will walk you through every stage of the legal procedure, from gathering evidence to negotiating with insurance companies and representing you in court if required.

If you or a loved one has been injured on someone else’s property, don’t wait to seek legal assistance. Call us at 212-681-2535 to schedule a free consultation to review your case.