Premises Liability Lawyer in New York, NY
What You Need To Know
Under the law of premises liability, a construction site has an obligation to keep its premises safe for workers and pedestrians. Likewise, a property owner has a responsibility to guests or neighbors to keep the property safe. Premises liability refers to a lawsuit against a property owner for injuries sustained on that person’s property due to the property owner’s negligence or intentional conduct. If you have been injured as a result of unsafe premises, you may need a New York premises liability lawyer.
A property owner can be held liable for damages if he or she fails to maintain reasonably safe conditions, or warn you of any potential hazards, and an injury results. Damages may include medical expenses, pain and suffering, loss of current and potential wages, and other damages.
Premises liability cases often depend heavily on the circumstances surrounding the accident. For example, the owner of a jewelry shop who does not provide proper security despite knowing that he or she is doing business in a community with a high crime rate may be held liable if a customer falls victim to a violent act. Injuries because of certain equipment on property, such as on a construction site or at a business, are a common source of our premises liability cases. This can include both workers and visitors who are injured in warehouses, construction sites, or oilfields because of forklifts, cranes or other heavy equipment.
Premises liability also includes such accidents as slipping on a substance on the floor that should have been cleaned up (slip and fall), tripping over an object in the walkway (trip-and-fall), attacks by other dangerous animals, chemical exposure, poisoning, asphyxiation, equipment failure, inadequate security (resulting in assault), construction accidents, and oilfield accidents.
Not Everyone is Eligible for Compensation
Not everyone who suffers an injury on someone else’s property will necessarily be eligible for compensation. In order to file a successful premises liability claim, you must be able to demonstrate negligence on the part of the property owner or the party commissioned to act on behalf of the property owner. For example, a patron of a grocery store who slips and falls on a wet floor will have a difficult time showing negligence if he or she ignored clearly posted warning signs.
Likewise, if that patron slips and falls immediately after another patron spills some liquid, leaving no opportunity for the store’s employees to attend to the spill, the owners of the property will most likely not share liability. However, if the slip and fall occurs due to a spill that the store’s employees knew about but failed to respond to, there may be grounds for a strong premises liability case.
How An Attorney Can Help
At David Resnick & Associates, P.C., each of our attorneys understand that premises liability covers a comprehensive range of suits for injuries caused by a property owner’s failure to warn, maintain and correct situations on public and private premises. Many times the owner of property, learning of an injury, will go out and conduct a repair. They do this for two reasons: to eliminate evidence, and to make sure no one else gets injured.
If you or someone you love has suffered a serious injury due to the negligence of a property owner, we would like to hear from you. The key to a successful slip and fall or trip and fall accident claim at the law offices of David Resnick & Associates, P.C., is the careful screening of your case by an experienced NYC premises liability attorneys, and the immediate investigation of the circumstances to establish a link between your injuries and the negligent conditions that caused them.
Contact a New York Premises Liability Lawyer
If you contact our firm, you will talk to David Resnick, who is an experienced New York premises liability lawyer, directly about your situation. If we can be of help to you or your loved ones, we would enjoy the opportunity to acquaint you with our work.
There is no fee unless we win. Contact an experienced New York premises liability attorney today.
For more information:
- NY Property Owner Responsibility
- Premises Liability FAQs
- New York Slip and Falls
- Slip and Fall Evaluation Form
New York City Premises Liability FAQs
Premises liability refers to the body of law which holds a landowner and/or possessor of property liable for injuries to others sustained on their property.
The injured party must prove that the defendant was negligent towards them. It must be shown that the landowner/occupant possessed the premises at the time of the accident and that they had control of the premises, and control of the condition thereof.
- Slip and fall
- Trip and fall accidents
- Animal attacks
- Fire hazards
- Toxic chemical exposure
- Toxic mold
- Asbestos exposure
First, immediately make provision for your safety and health. If you are injured, make sure that emergency medical services (“EMS”) are called. Have EMS examine you and if appropriate, have them transport you to an emergency room for treatment. If you are able, try to obtain the following information:
- The name and address and of the owner of the property.
- The name, address and policy number for all insurance companies insuring the property.
- The name and address of all witnesses to the accident.
- The name and address of all persons to whom you have reported the incident.
Yes. The condition of the premises at the time of the injury will be a pivotal issue in resolving any claim and photos can document that condition. Also, take photos of all physical injuries you have sustained (such as bruises, scrapes, lacerations, etc.).
This will often depend on whether the person on the property was a business invitee, a social guest or a trespasser. A business invitee is on the property by invitation and usually for mutual economic benefit. A social guest is on the premises by invitation and not for any economic benefit. A trespasser is on the premises without permission. Generally, property owner’s duty of care is the highest with a business invitee while the lowest duty of care to a trespasser.
If the following can be proved, you may be able to file a successful lawsuit:
- The property owner was “negligent”, which means that the property owner breached the legal duty owed to the injured individual.
- There is causation, meaning that the property owner’s specific acts of negligence caused the injuries.
- There are substantial damages involved in your case.
The property owner is responsible for all reasonable and necessary medical expenses incurred as a direct result of your injury. These claims are supposed to be paid under the owner’s liability policy with their insurance company.
Generally, a plaintiff will be able to recover all economic damages incurred resulting from the occurrence. Many times non-economic damages are also awarded (i.e. pain and suffering, loss of enjoyment of life, inconvenience, etc.).
Yes. If you have been injured in a premises accident, including a slip and fall accident, it is advisable to immediately consult a personal injury attorney. The insurance company for the property owner is not your ally regardless of how cooperative or friendly it may seem. That insurance company has attorneys and other resources to try to defeat any claim you assert. In order to be on equal footing, you need to have an injury attorney on your side. Early consultation with an attorney can also help your case in that your attorney may be able to help investigate and document your case. Sometimes a delay results in witnesses and evidence disappearing or becoming more difficult to obtain. The opposing insurance company will be aggressively investigating your case and you need someone doing the same for you. Contact the experienced premises liability lawyers David Resnick & Associates, P.C., today to schedule your free initial consultation. We have worked with many victims of premises injuries in New York City – which includes Manhattan, Queens, Staten Island, Brooklyn and the Bronx, and we understand New York’s laws surrounding personal injury claims.