Premises Liability Law Firm for Injury Cases in New York
Protecting Your Rights After an Injury on Unsafe Property – Get the Compensation You Deserve with Experienced Legal Representation in New York. 212-540-HURTFREE CONSULTATION
Premises liability refers to the legal responsibility that property owners and occupiers have to ensure their premises are safe for visitors. When a property owner’s negligence leads to an injury on their property, the injured person may be entitled to compensation under premises liability law. If you’ve been hurt due to unsafe conditions on someone else’s property, it’s crucial to understand your legal rights and the complexities of premises liability claims.
Our legal services cover all premises throughout New York State, including Kings County, Queens County, New York County, Suffolk County, Nassau County, Bronx County, Westchester County, Richmond County, and all other counties in the state.
What is Premises Liability?
Premises liability is a branch of personal injury law that holds property owners or those in control of a property legally responsible for accidents and injuries that occur on their premises due to unsafe conditions. Whether you were injured in a fall, tripped over an obstruction, or were hurt by an animal, you may be able to pursue compensation if the injury occurred due to a property owner’s negligence.
In New York, premises liability cases can be filed when the following factors are true:
- The property owner or occupier owed you a duty of care.
- They were negligent in maintaining or inspecting the property.
- Their negligence caused an unsafe condition that led to your injury.
- You were injured as a result of that unsafe condition.
Proving a Premises Liability Case in New York
In a premises liability claim, you need an attorney to help you prove the following:
- The Property Owner’s Duty of Care: The property owner must have owed you a duty of care.
- Negligence in Maintenance or Inspection: You must show that the property owner or occupier failed to maintain or inspect the property properly. For example, if a property owner knew about a hazardous condition (like a wet floor or a broken step) and failed to fix it or warn visitors, that is a breach of their duty of care.
- Hazardous Condition on the Property: You must prove that the injury was caused by a dangerous condition on the property, such as a slippery surface, broken stairs, or inadequate lighting. The condition must have been present long enough that the property owner had a reasonable opportunity to fix it or warn visitors.
- Injury Was Foreseeable: The injury must be a foreseeable result of the property owner’s negligence. If the dangerous condition was such that it would likely cause harm to a reasonable person, it can be considered foreseeable.
- Your Injury: Finally, you need to show that you suffered actual injuries. You must provide evidence of physical harm, medical treatment, and any resulting damages, such as lost wages, medical bills, and pain and suffering.
What Damages Can You Recover in a Premises Liability Case?
In a successful premises liability case, you may be entitled to recover various types of damages, including:
- Medical Expenses: Costs for past and future medical care related to your injury, including hospital stays, surgery, physical therapy, and medication.
- Lost Wages: Compensation for the income you lost due to your injury, including wages, salary, or other earnings if you were unable to work.
- Pain and Suffering: Non-economic damages for physical pain, emotional distress, anxiety, and loss of quality of life.
- Punitive Damages: In cases where the property owner’s actions were especially reckless or egregious (such as knowingly allowing a dangerous condition to persist), punitive damages may be awarded to punish the defendant and deter similar conduct.
Statute of Limitations for Premises Liability Cases in New York
In New York, the statute of limitations for most premises liability claims is three years from the date of the injury. This means that if you were injured on someone else’s property, you must file your lawsuit within three years or risk losing the right to seek compensation. However, in cases involving government-owned property or other specific circumstances, different deadlines may apply.
Why You Need an Experienced Premises Liability Attorney
Premises liability cases can be legally complex, as proving negligence and liability often involves detailed investigations and expert testimony. An experienced New York personal injury attorney can help you:
Investigate the Accident
Our team will gather evidence, including accident reports, photographs, witness testimony, and expert opinions, to build a strong case for your injury.
Negotiate with Insurance Companies
Insurance companies often try to minimize payouts in premises liability cases. We’ll fight for fair compensation on your behalf.
File a Lawsuit if Needed
If necessary, we’ll take your case to court and pursue the compensation you deserve.
Contact Us for a Free Consultation
If you’ve been injured due to unsafe conditions on someone else’s property, we can help. Contact us today for a free consultation and let our experienced team of New York premises liability attorneys guide you through the legal process. We’re committed to helping you recover the compensation you need to move forward with your life.