Premises liability

Premises liability

Premises liability

There is a wide variety of personal injury claims. If you get hurt on someone else’s property you may be able to recover compensation thanks to the premises liability law. There are some conditions that must be met in order for you to sue the owner of the property where you got hurt. If you suffered an accident on someone else’s premises you can speak to a premises liability attorney to learn more about your legal options. 

Premises Liability Doctrine

To prove fault in a personal injury accident, the victim needs to not only demonstrate liability on the part of the property owner but also negligence. The legal definition of negligence is when a property owner fails to use reasonable care in connection with a property. Some accidents occur on residential or commercial property that has no relation to negligence. For example, a slip and fall accident on snow or ice is sometimes unavoidable if the property owner did not have reasonable time to remove the safety hazard (i.e. it was still snowing outside).  Victims of personal injury cases need to demonstrate that the property owner should have reasonably known that the premise was unsafe and failed to take the proper measures to address the situation.

How does New York law define premises liability?

The legal obligation of property owners or occupiers to protect the safety of those who access their properties is referred to as premises liability.

Property owners in New York have a legal obligation to keep their facilities fairly safe and to alert visitors about any possible risks that might cause injury. When someone is injured as a result of a dangerous situation on someone else’s property, they may be able to file a premises liability claim.

How do I know if I have a valid premises liability claim?

To determine if you have a valid premises liability claim in New York, you must establish the following elements:

  • Duty of care: The property owner or occupier owed you a duty to keep the premises safe or warn you about potential hazards.
  • Breach of duty: The property owner or occupier failed to fulfill their duty by either creating the dangerous condition or failing to address it.
  • Causation: The dangerous condition directly caused your injury.
  • Damages: You suffered actual harm or damages as a result of the injury.

If you think that any of these elements relate to your circumstance, you should speak with a premises liability lawyer who can assess the facts of your case and advise you.

How long do I have to file a premises liability claim in New York?

There is a time restriction in New York known as the statute of limitations during which you have to file a premises liability lawsuit.

The statute of limitations in premises liability cases is generally three years from the date of the occurrence. It is critical that you file your claim within this time range, otherwise the court may dismiss your case. Keep in mind that this statute of limitations does not apply to government entities that are protected under sovereign immunity.

This does not mean that you are not legally able to sue a government institution. It only means that there are other requirements and deadlines that you have to meet if you wish to file a lawsuit against them. 

What are the most common causes of premises liability cases?

Premises liability claims can emerge as a result of a variety of unsafe situations on a property. The following are some of the most typical causes of premises liability claims in New York:

  • Slip and Fall Accidents: These happen when a person slips or trips because of a dangerous situation such a damp floor, uneven surface, or debris. Slip and fall represent a big portion of all premise liability cases
  • Trip and Fall Accidents: Trip and fall accidents occur when a person trips over an object or an uneven surface, similar to slip and fall accidents.
  • Snow and ice accidents: It is the obligation of property owners to clear snow and ice from their premises in order to prevent slip and fall accidents during winter weather conditions. If someone gets hurt after falling due to icy or snowy conditions, the owners or property managers could be held responsible for the incident.
  • Defective Premises Conditions: These are flaws in the design or construction of the property that might lead to accidents or injury.
  • Inadequate Maintenance and Security: Property owners must maintain their premises safe and offer enough security measures to protect guests from harm. 
  • Dog Bites and Animal Attacks: A property owner or occupant may be held accountable for any injuries caused by a dangerous animal on their property if they fail to control the animal.
  • Toxic Substances and Hazardous items: Failure to notify visitors about the existence of hazardous substances, or to manage and store them appropriately, can result in serious injuries or illnesses.
  • Fire-related Incidents: Property owners must follow fire safety standards and take proper precautions to avoid fires or provide enough escape routes in the event of an emergency.
  • Negligent Maintenance: Failure to conduct routine inspections and maintenance on the premises might result in dangerous situations and accidents.
  • Elevator and Escalator Accidents: Property owners or property managers are responsible for ensuring the safe operation and maintenance of elevators and escalators on their property.
  • Swimming Pool Accidents: Pool owners must follow safety rules and take precautions to avoid mishaps such as drownings and slip and falls.
  • Retail Stores Accidents: Slip & falls, fallen products, and insufficient security are all major causes of premises liability lawsuits in retail settings.
  • Amusement Park Accidents: In amusement parks, malfunctioning rides, poor safety precautions, and careless maintenance can result in significant lesions or even death.

Types of damages you can recover in premises liability cases

If your premises liability claim is successful, you may be entitled to numerous forms of damages, which can be classified as economic and non-economic damages.

Economic damages:

  • Medical expenses: These include medical treatments, hospital stays, surgeries, drugs, rehabilitation, and future medical expenses related to the injury.
  • Lost wages: If your injury prohibits you from working, you may be entitled to collect lost wages, which include both present and future earnings you would have received if the accident had not happened.
  • Property damage: If the event caused damage to your personal property, you may be eligible to claim the cost of repair or replacement.

Non-economic damages:

  • Pain and suffering: This is the compensation for physical pain, discomfort, and mental grief caused by an injury.
  • Emotional distress: Psychological suffering caused by the occurrence, such as anxiety, sadness, or post-traumatic stress disorder (PTSD).
  • Loss of consortium: This refers to the compensation for the harm done to your connection with your spouse or family members as a result of the accident.
  • Loss of enjoyment of life: If your injuries seriously affect your capacity to engage in previously enjoyed activities or hobbies, you may be entitled to compensation for loss of enjoyment of life.

The amount of damages you can receive will be determined by the details of your case and the extent of your injuries. An expert premises liability attorney can assist you in determining your losses and pursuing the necessary reimbursement on your behalf.

What Do I Do in a New York Premises Liability Accident?

If you are involved in a premises liability accident in New York, it is essential to take certain steps to protect your rights and strengthen your potential claim:

  1. Seek medical assistance: Your health and well-being should come first. Get immediate medical attention for any injuries, even if they appear minor at first.
  2. Keep a record of the incident: Take pictures of the accident scene, including any dangerous factors that contributed to your injuries. If there are any witnesses, attempt to get in touch with them.
  3. Please report the event as follows: Report the accident to the property owner, manager, or supervisor. Make a note of the specifics of your report as well as any comments you get.
  4. Preserve evidence: Keep any documentation relating to your accident, including medical records, bills, pictures, and contact with the property owner or their insurance company.
  5. Consult with a premises liability attorney: It is critical to get legal counsel from a knowledgeable New York premises liability attorney as soon as feasible. They can assist you navigate the legal system, safeguard your rights, and secure the recompense you deserve.

Who can be held responsible under New York Premises Liability Law?

Depending on the circumstances, many parties in New York may be found liable for a premises liability accident. Among the potential defendants are:

  • Property owners: If the owner of the premises where the accident happened fails to maintain the property or alert visitors about dangerous circumstances, they may be held accountable.
  • Property managers: In cases in which the property is managed by a different business or individual, they may share responsibility for the facilities’ upkeep and safety.
  • Tenants and lessees: If the property is leased or rented, the tenant or lessee may be responsible for maintaining the premises and preventing dangers.
  • Contractors: If a third-party contractor caused a hazardous situation on the property, they may be held sued for any accidents that resulted.
  • Government entities: In some cases, government entities that are in charge of maintaining public areas or structures may be held liable for accidents caused by their carelessness.

Liability determination may be difficult, and it frequently necessitates a detailed analysis of the circumstances underlying the event. An expert premises liability attorney can assist in identifying the guilty parties and constructing a compelling case against them.

Why is it crucial to hire a specialized lawyer for premises liability cases?

Premises liability lawsuits can be legally complicated, necessitating a thorough grasp of New York premises liability rules as well as the ability to efficiently navigate the legal process. Hiring a skilled premises liability attorney has several benefits.

  1. Expertise: Specialized lawyers have extensive expertise and experience resolving premises liability matters. They are well-versed in the applicable laws, precedents, and methods required to establish a solid case.
  2. Case evaluation: A premises liability lawyer can evaluate the merits of your case, identify any legal concerns, and advise you on the best course of action.
  3. Gathering evidence: They have the resources and skills to collect critical evidence, interview witnesses, and confer with key specialists, all of which will enhance your claim.
  4. Negotiation and settlement: A qualified premises liability attorney can negotiate on your behalf with insurance companies or opposing parties, aiming for a fair settlement that reflects the full amount of your damages.
  5. Litigation representation: If a fair settlement cannot be achieved, a skilled lawyer can defend you in court, presenting a convincing case and battling for your rights.

Given the complexity involved, it is strongly advised that you retain the services of a professional premises liability attorney to obtain the best possible conclusion for your case.

Duty to Inspect Property

All property owners must fully inspect their property on a regular basis to ensure that patrons, tenants, and visitors are not at risk of injury. If dangerous conditions exist, they must be assessed and quickly addressed. If the potential hazard cannot be fixed and restored to a safe condition, adequate signage should be posted to ensure safety.

When you work with Greenberg & Stein, P.C., our New York City personal injury lawyers will fully investigate your case to determine who is at fault. We can actively pursue compensation for your injuries, regardless if it is one party or multiple agencies that are in control of a property.

How can a premises liability lawyer help navigate the legal process?

Filing a claim after suffering an injury can be very hard. Especially if your injuries are serious and affect your daily activities. On top of that, the legal process is not easy for someone who has no experience in personal injury claims.

Premise liability attorneys are not only very experienced in handling premise liability cases but they will also act on your behalf if you wish so, in order for you to recover as soon as possible. It is also worth noting that insurance companies will treat you and your case differently once they learn that you are working with an attorney.

Insurance providers try to pay as little as little as possible but an experienced attorney will do everything they can to ensure you receive fair compensation. 

If you have recently been involved in a premise liability incident and you believe that your injuries were caused due to someone else’s negligence, do not hesitate in contacting our firm today to schedule your free case evaluation as soon as possible.. At Greenberg & Stein P.C.

We are committed to helping our clients in every step of the claim process and we will not rest until you receive the compensation you deserve for your injuries. Our legal team has many years of experience and our premise liability attorneys have an impressive success record. Call us at 888-716-4088 to schedule a free consultation to review your case.

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