General liability covers responsibility for a broad range of injury accidents, including car crashes and defective product incidents. Premises liability focuses specifically on responsibility for injuries that visitors suffer due to unsafe conditions on someone else’s property. Both types of liability involve similar legal standards but focus on different facts and types of responsibility.
If you suffered injuries due to someone else’s actions or inaction and aren’t sure which type of claim you have, a NYC premises liability lawyer at David Resnick & Associates, P.C., can help you sort it out in a free case review.
What Is a Premises Liability Claim?
Premises liability refers to claims arising from a property owner’s failure to keep their property safe, resulting in bodily injury or other harm. These claims often involve slips, trips, falls, falling objects, broken steps, poor lighting, or other hazards that cause injury.
Property owners have a legal duty to address or warn about property hazards that could harm guests, tenants, customers, or others who have permission to be on their property. This legal obligation applies to those who own, occupy, or control homes, businesses, apartment buildings, sidewalks, and other private or public spaces. To succeed in a premises liability case, the injured person must prove that the owner knew or should have known about the dangerous condition but didn’t fix or warn about it.
Who Can File a Premises Liability Lawsuit?
Anyone who gets hurt because of unsafe conditions on someone else’s property may have the right to file a premises liability lawsuit and pursue compensation for their medical expenses, lost wages, physical pain, emotional distress, and other harm they have suffered, including:
- Tenants
- Customers
- Workers
- Delivery drivers
- Other guests who visit a property legally.
Sometimes, even trespassers may have a claim if the owner knew people often entered their property or if a child trespasser got injured by an “attractive nuisance.” An attractive nuisance is something dangerous, accessible, and interesting to children, like an abandoned refrigerator.
The person filing the lawsuit must prove that the property owner:
- Had a responsibility to keep the premises safe
- Failed to do so, and
- Contributed to their injury as a result.
If someone dies from injuries they sustain due to unsafe property conditions, a court-appointed representative of their estate may file a wrongful death lawsuit based on the incident.
What Are Different Types of Premises Liability Claims?
Visitors can get hurt on someone’s property in many ways. If a property owner caused a hazard to arise or failed to address an unsafe property condition, they may be liable for resulting injuries. Below are some real-world examples of incidents that can give rise to premises liability claims:
- Slip-and-falls or trip-and-falls – People can slip or trip and fall due to unattended spills, snow or ice buildup, uneven flooring, or cluttered walkways in stores, parking lots, or private buildings.
- Negligent security– If property owners ignore security risks like broken locks, poor lighting, or inadequate security, visitors can become victims of assault, robbery, or other violent crimes.
- Falling objects – Loose signs, tools, ceiling fixtures, or building materials can fall and strike visitors in construction zones, warehouses, or poorly maintained buildings.
- Unsafe staircases or handrails – Property owners must keep stairs in good condition. Cracked steps, missing handrails, or poor lighting on staircases can all cause visitors to get hurt.
- Attractive nuisance incidents – Children can get seriously hurt if they wander onto private land due to “attractive nuisances” that draw their attention, such as unattended swimming pools.
What Is a General Liability Claim?
General liability refers to personal injury cases based on someone else’s negligence. Unlike premises liability, which focuses on dangerous property conditions, general liability covers a broader range of situations, including car accidents and incidents involving defective products.
To prove a general liability claim, the injured person must show that another party acted without reasonable care and contributed to their injury as a result. Courts can hold people and businesses responsible when they determine liability. These claims can involve drivers, business owners, manufacturers, or anyone else who failed to act safely. The legal process and time limits for general liability insurance claims are often similar to those for premises liability insurance claims.
Who Can File a General Liability Lawsuit?
Anyone who suffers an injury because of another person’s carelessness may have the right to file a general liability lawsuit, including victims of:
- Traffic crashes
- Dog bite attacks
- Defective products
- Other non-property-related incidents.
In a general liability lawsuit, the injured person must show that the other party had a responsibility to avoid causing harm, failed to uphold that responsibility, and caused their injury as a result. In many cases, the victim files the lawsuit.
If the victim died from their injuries, a personal representative of their estate can file a wrongful death claim on behalf of the family. If a child or a person with legal disability has a claim, a parent or legal guardian must typically sue on their behalf.
What Are Examples of General Liability Claims?
General liability claims cover more than just property-related injuries. The difference between premises liability claims and these claims is that they cover a wider range of situations, including:
- Unsafe products – If a dangerous or defective product injures someone, the injured person may have a product liability claim against the manufacturer, distributor, or seller.
- Traffic collisions – General liability applies when drivers cause accidents that injure other people, including other drivers, passengers, motorcycle riders, cyclists, or pedestrians.
- Construction site accidents – Workers and bystanders on or near construction sites can suffer injuries due to tripping hazards, structural collapses, or heavy equipment mishaps.
- Dog bite cases – If a dog bites or otherwise injures someone, the dog’s owner may be responsible depending on the dog’s past behavior and the circumstances of the attack.
- Nursing home negligence – If a facility fails to provide proper care, and a resident suffers injury as a result, the injured person or their family may have a general liability claim.
Does Compensation Differ Between the Two Different Types of Liability?
The type of liability doesn’t usually affect the kinds of compensation you can pursue. However, there may be a difference in the maximum compensation available based on who is liable for your injuries. In general and premises liability cases, you may recover compensation for:
- Medical bills
- Future treatment costs
- Lost wages
- Diminished earning capacity
- Pain and suffering
- Other injury-related losses.
For example, if a careless driver caused your injuries, your compensation from a general liability claim against them might be limited by their auto insurance policy coverage limits. On the other hand, let’s say you got hurt due to unsafe conditions on commercial property. The corporation that owns it might carry a much larger insurance policy or have the resources to pay out a higher claim.
The types of compensation you can claim won’t differ between general and premises liability claims, but the responsible party’s ability to pay could affect your final payout.
How Can an Experienced Premises Liability Lawyer Help You?
If you got hurt on someone else’s property in New York, a premises liability lawyer can help you understand your legal options and take action against the responsible party or parties. Proving fault in a premises liability case isn’t always easy, especially when the property owner tries to pin the blame on you. An attorney can:
- Investigate what really happened
- Gather evidence to prove negligence and the property owner’s liability
- Deal with the insurance companies for you.
The premises liability attorneys at David Resnick & Associates, P.C., focus on providing dedicated legal representation to people who have suffered injuries in New York City slip-and-falls caused by a property owner’s negligence. Since 1998, we’ve recovered over $180 million in verdicts and settlements.
Founding attorney David Resnick built our firm with two clear priorities: clear communication and trust. Those values remain central to how we serve our clients today. When you hire our team, you’ll always know what’s going on with your case and who’s handling it. Mr. Resnick often answers questions personally and meets with clients in their homes when necessary. We return calls promptly and take the time to keep you informed every step of the way.
What Are the Deadlines for Filing Premises Liability and General Liability Claims?
In most cases, New York law gives injured people three years from the date of the injury to file a lawsuit based on either premises liability or general negligence. However, some cases have shorter deadlines. For example:
- If the injury happened on public property or involved a city agency, you usually have just 90 days to file a notice of claim and one year plus 90 days to sue.
- If the incident resulted in wrongful death, you have two years from the date of death to file a wrongful death lawsuit.
These deadlines apply to premises liability lawsuits and other personal injury cases based on someone else’s carelessness. We can help you figure out the applicable time limits for your situation and take swift action to protect your right to compensation.
Contact a New York Premises Liability Attorney Today
Injury claims can get complicated fast, especially when it’s not clear who’s responsible. David Resnick & Associates, P.C., can answer your questions and walk you through your legal options for pursuing compensation. Contact us now to speak with a member of our team in a free consultation.
