Premises Liability FAQ

PREMISES LIABILITY FAQ

Help for Accidents in New York City

The right legal professional can make all the difference in your case, and could have a substantial impact on the amount of compensation that you recover. Our team of New York City personal injury lawyers at Greenberg & Stein, P.C. is confident that we have the legal resources and knowledge you need to succeed with a premises liability claim. Below, we have provided answers to some of the most commonly asked questions about premises liability claims. Please take a minute to review some of these answers, and call our firm to schedule your free consultation with a New York City premises liability attorney today.

What types of damages can I recover for a premises liability claim?
If you are successful with filing a premises liability claim, you may be able to recover financial damages for several different things. First and foremost, you can recover financial compensation for your medical expenses. This usually includes both present and future medical costs for treatments, surgeries, and physical therapy and rehabilitation. Additionally, you may be able to recover compensation for physical pain and suffering. If you have lost a loved one because of a wrongful death accident, you may be able to seek compensation for loss of companionship.

What evidence do I need to file a claim?
In order for your premises liability claim to be valid and effective, you must have certain evidence supporting your claims of negligence. Premises liability claims are based on a theory of negligence, so you must prove that the property owner breached his or her duty to exercise due care. You must also show that this breach of legal duties caused your injury and that you suffered injury as a direct result. These elements can be difficult to prove without the help of a skilled lawyer who has experience with premises liability claims, so call our firm today to start learning more about your rights after an accident.

How long do I have to file a claim after my accident?
One of the most common mistakes that injury victims make is a failure to file a lawsuit within the statute of limitations. This law creates a limit for the amount of time that you have to file a lawsuit, and this time limit is 3 years from the date of the injury. There are exceptions to this case, however, and if victims are under 18 years of age, the statute of limitations will not start for their case until they are 18. If you are looking to file a claim against the State of New York, you must generally do so within two years. To learn more about all of the limitations and exceptions to these claims, call our firm.

Who can I sue for damages?
If your accident occurred on another person’s property, you may seek a claim against any party whose actions are a proximate cause of your injury. In order to do so, you must show that the injuries you sustained were reasonably foreseeable from the acts of the wrongdoer.

How much money will I be able to recover?
This is a question that is impossible to answer without a detailed review of your accident and the evidence available. Any attorney or law firm that promises you a certain amount of money should not be trusted, as this information is impossible to predict without a greater understanding of the accident scenario and aftermath.

Can a hotel be held responsible for my injuries?
Hotels can sometimes be held liable if someone slips, trips, or falls on the hotel premises. For example, if you have slipped and suffered injury because the hotel did not clear snow or ice from their walkway, you may be able to file a premises liability claim. Additionally, if a hotel is located in a high crime area but they did not take action to provide guests with adequate security or sufficient warnings, you may be able to seek compensation if you have been the victim of a crime.

Can students hold colleges liable for attacks that occur on campus?
If you or someone you know has been attacked on a college campus, you may be able to file a negligence claim against the college. Premises liability law generally holds universities, hotels, motels, sand shopping malls liable for attacks that happen because they did not exercise reasonable care in preventing victims from suffering harm by a third person. The court will probably conduct a detailed investigation into what security measures the college had taken, and the college will be held liable if it is determined that these steps were insufficient.