Frequently Asked Questions

• What is premises liability?
• What are the legal elements of premises liability?
• What are the most common types of premises liability?
• I have been injured on someone else’s property. What should I do?
• Should I take any photos?
• What duty of care does a property owner have?
• How will it be determined that I have a case?
• Who will pay for my medical expenses?
• What other damages are recoverable in a premises liability case?
• Should I hire a premises liability attorney?

Slip and fall accidents are the most common claims in premises liability lawsuits. Premises liability law involves the legal responsibility of owners and occupiers of property for mishaps experienced by persons on the property and the resulting injuries. One of the most common causes of such injuries is a trip or slip and fall, such as on an icy sidewalk, a loose or uneven stair tread, or a piece of debris or spilled liquid on the floor.

The actual liability of the potentially responsible individuals varies, depending on the rules and principles adopted in the jurisdiction where the mishap occurred. David Resnick & Associates, PC, New York-based attorneys, serving the New York City area including Manhattan, Queens, Staten Island, Brooklyn and the Bronx, is an experienced premises liability law firm that can determine whether liability may exist in a particular case and help an injured person recover damages for lost wages, medical bills, and pain and suffering.

If you have been injured, or are the survivor of a family member who has died in a slip and fall accident, you may be entitled to receive compensation for medical care, lost wages and other damages. The attorneys of David Resnick & Associates, PC have successfully represented many clients in New York City, including Manhattan, Queens, Staten Island, Brooklyn and the Bronx, who have suffered physical, emotional and financial loss because of the negligence of commercial and residential property owners.

When a person is injured in a slip and fall, the property owner may be liable if:

• He or she caused the unsafe condition, such as spilling liquid and not mopping it up.
• He or she knew about the dangerous condition but did not take steps to correct it
• He or she should have known about the hazard because a reasonable person taking care of the property would have discovered and corrected the dangerous condition.

If you have fallen and been injured on someone else's property, you should report your accident to the property owner as soon as possible. Gather names, addresses and the telephone numbers of any eyewitnesses. It is helpful to take pictures of where your injuries occurred before the property owner can fix the hazard. This will make it easier to prove that your slip and fall was the result of the property owner’s negligence. Immediately seek medical treatment for all injuries and follow all doctors' recommendations for treatment.

Keep copies of all of your medical bills (even those paid by insurance) and off-work slips. You may also want to keep a diary to record your thoughts about your medical treatment or the pain and suffering caused by your injuries. Stained, soiled, torn clothing worn at the time of the fall is important evidence, too; as is the footwear worn at the time of the fall. They should be set aside and not worn anymore. Try to obtain a copy of any incident report written by the business where you fell, although you probably will not get this. Doing these things will help our office prepare your case.

Compensation for slip and fall injuries includes current and future medical bills, lost income, and pain and suffering.

The lawyers of David Resnick & Associates, PC have the experience to assess each set of circumstances to determine whether there was negligence by the property owner, if the negligence was a factor in the injury, and what insurance coverage is available, so that our clients can get a full and fair recovery for their injury.

If you or someone you love has been injured and are seeking legal representation for a slip and fall in New York, we would like to meet with your. Please contact our office to set up an appointment to discuss your case.

We have worked with many victims of accident injuries in Manhattan, Queens, Staten Island, Brooklyn and the Bronx, and we understand New York’s laws surrounding personal injury claims.

For more information:
NY Property Owner Responsibility
Premises Liability FAQ's
New York Premises Liability
Slip and Fall Evaluation Form

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