Premises Liability

Manhattan Premises Liability Lawyer

While you can’t predict when or how accidents happen, if you get injured due to someone’s fault, you can definitely seek compensation from them for your suffering. For injuries that happen on someone’s property, you could be eligible to file a premises liability claim against the property owners or whoever is in charge of the property. To learn more about New York City premises liability lawsuits and claims, please continue reading. 

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What Is a Premises Liability Case?

A premises liability claim is a broad term used in any legal claim that an injury happened at someone’s property as a result of dangerous or unsafe conditions. For example, if you visit a retail store and suffer a slip and fall accident due to a wet floor, you can file a premises liability claim against whoever was responsible for the wet floor. A premise liability case is a type of personal injury claim. 

The key to a successful claim is to prove that there was a dangerous or unsafe condition at someone else’s property, and that condition was caused by their negligence, and it resulted in your injury. While most premises liability claims are based on negligence, you can also prove the other party’s intentional wrongdoing or reckless behavior resulted in your injury at the property. 

A dangerous or unsafe condition could be anything that has the potential to cause harm. For example, it could be foreign substances on the floor, a dangerous animal, buildings with improper design, criminal activity at the property, or weather-related conditions (such as sleet or snow). 

Common Types Of Premises Liability Claims

There are various situations that can be considered as legal grounds for a premises liability case. The most common types include the following:

  • Dog bites: The dog owners have a responsibility to keep others safe from their dog, especially if the dog has aggressive or violent tendencies. If the dog bite happened on their property, it could qualify as a premises liability case. 
  • Slip and fall accidents: These occur when someone falls or trips due to unsafe conditions at the property, such as an uneven surface or wet floor. Slip and fall accidents are the most common type of premises liability incident.
  • Inadequate security: The party responsible for the property must provide adequate security to the visitors. For example, if a college is not able to provide adequate security to the dormitory and that results in criminal activity, the occupants could file a premise liability claim. 
  • Improper warning signs: If there is a dangerous condition at the property that can not be fixed at that time, the property owner should have warning signs to alert others. Failure to do so could lead to a premises liability incident.  
  • Escalator or elevator Injuries: An elevator accident can be the fault of the builder owner, lessee, maintenance company, or anyone who was responsible for keeping the elevator in safe working condition. The most common reasons for elevator accidents include dysfunctional elevator doors, excessive speed, or mislabelling of the elevator car and the floor. 
  • Swimming pool accidents: These accidents include drowning or sipping due to improper safety measures at swimming pools. 
  • Structural collapse: A structural collapse that results in an injury is a type of premises liability case. There could be different reasons for the structural collapse, including construction errors or poor maintenance. 

Other types of premises liability accidents include subway accidents, poor walking conditions, staircase slips, and falling objects

Escalator Stairs

What to do After Experiencing Injury at Someone Else’s Property in New York

If you get injured at someone else’s property, your first objective should be to seek medical attention. Any delay in getting treatment for the injury can worsen your condition. Getting medical attention also helps establish a record of the injury. This can be an important piece of evidence in a premise liability claim. If the property owner is not present at the site, you need to notify them of the injury. You can also alert law enforcement officials about the injury. They might arrive at the scene to make an incident report of the premises liability accident. 

If your condition is stable after the accident, you can start gathering evidence. For example, you can take photos of the accident site and any visible injuries. It would be useful to take photos of the dangerous condition that led to the injury. You can also collect information such as eye witness statements or contact information for your case. 

You should contact a premises liability attorney to help you recover compensation for your suffering. Premises liability attorneys are well-versed in New York laws for such cases and help you navigate through the claim process. The attorney can also help you be aware of the applicable statute of limitation. Generally, the statute of limitations for premises liability cases in New York is three years from the date of the premises liability accident based on the New York civil practice laws and rules. Premises liability lawyers can help you determine the statute of limitations that apply to your case. 

Establishing Fault in Premises Liability Cases

The property occupant, owner, or other person or entity in charge of the property has the duty to maintain the premises in a reasonably safe condition or warn others of the potentially dangerous conditions that exist at the property. If this duty of care is breached, the responsible person or entity can be held liable for the damages. 

In order to prove fault in a premises liability case, you need to demonstrate that the defendant created a dangerous condition at their property or the defendant had notice of the condition and enough time to fix the issues, yet they allowed the condition to exist. According to New York laws, it is the property owner’s duty to provide safe conditions, regardless of the status of the plaintiff as visitor, invitee, or trespasser. 

After you have established the duty of care of the defendant, the next step is to prove that they breached that duty of care. This step would be specific to the type of accident. For example, if you were injured due to falling trees at someone’s property, you’ll have to prove that the tree was in a dangerous condition due to age or disease and that the property owner was negligent in addressing the issue. Similarly, if there was a swimming pool accident due to no fence around the pool, you could hold the property occupant or owner responsible for the swimming pool accident. 

The existence of a dangerous condition at the property is not enough. You have to prove that the condition existed due to the property owner’s fault. The fault could be that they created it, didn’t fix it, or failed to warn visitors about it. The property occupant or owner must have known of the dangerous condition, and the condition must have been there long enough to have discovered it and had a reasonable amount of time to fix it, remove it, or warn visitors about it. 

Causation is another important component in establishing liability. You have to prove the property owner’s negligence or wrongdoing directly caused your injury. You will also have to show all the damages you suffered due to the accident. 

Another key component of a premises liability case is to prove that you weren’t negligent. The defendant’s legal team can use this to counter your claim or to reduce their liability. For example, if you slipped due to a puddle of water, the opposing legal team can argue that you could have avoided the puddle if you had seen it before you fell. If that is proven, you could be held partially responsible for the accident.

If the owner of the property provides a fair warning before you get hurt, you may not be able to hold them liable for the accident. Common examples of fair warning include wet floor signs to warn visitors not to step on the wet area. 

Injured person filling out a Slip and Fall Accident Report

Compensation Available in Premises Liability Cases 

If you are successful in your premise liability case, you can be entitled to different types of damages, including all your medical expenses to treat the injury. This can include your medical bills, emergency care services, hospitalization fees, surgery costs, and other medical expenses. You may also be entitled to lost wages, pain and suffering damages, and emotional trauma. as a result of the accident. If the accident resulted in a death, the surviving loved ones of the deceased can file a wrongful death lawsuit against the liability party. 

Initiating a Claim Against Property Owners 

If private property owners have insurance, such as homeowners insurance or renter’s insurance, the insurance company is likely to pay for the damages. For accidents on commercial property, business liability insurance or other types of commercial insurance can pay for the damages. 

Most premises liability cases are settled out of court, with all involved parties agreeing to fair compensation for the damages. If you agree to settle the case, you will have to give up your right to sue. Therefore, you should take your time and be careful before accepting any settlement offer. It is best to consult with your attorney to determine the full extent of your injuries before accepting any offer. Some injuries can require long-term treatment or have life-altering consequences, so all the damages must be included in your calculations for the compensation. 

If no settlement is reached, you have the right to file a premises liability lawsuit. You need to file the premises liability lawsuit within the statute of limitations and will have to prove the other party’s liability for your injuries. Keep in mind that if your injury occurred at government-owned or operated property, special legal rules might apply to your case. 

Our NYC Premises Liability Attorneys Hold Negligent Property Owners Responsible 

NYC premises liability cases often get complicated as there are various aspects of the case that need to be considered. You should seek legal assistance from NYC premises liability attorneys to get guidance on how to proceed with your claim. The attorney can also represent you and help you through each step of the process. As a first step, they assess your case to determine if it qualifies as a premises liability case. 

A key advantage of premises liability lawyers is that they can help you maximize your compensation from the property owners or insurance companies. They can also help you avoid common pitfalls in a premises liability lawsuit. Most importantly, they can reduce your burden so you can focus on recovering from your injury. If you want expert legal advice, you can contact our personal injury lawyer in Manhattan at Gray Injury Law. 

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