NYC Premises Liability Lawyer

When accidents occur on someone else’s property due to unsafe conditions, the field of premises liability law determines responsibility. At the Law Offices of Ira M. Perlman, P.C. & Robert D. Rosen, P.C., we have experience in representing clients who have suffered injuries due to such conditions in New York City. Our experienced premises liability lawyers are dedicated to helping victims secure the compensation they need to recover from their injuries and regain their quality of life. Contact us today for a FREE consultation.

What Constitutes a Premises Liability Injury in NYC?

In New York City, a premises liability injury refers to any harm sustained by an individual due to unsafe or defective conditions on someone else’s property. Property owners, including private and commercial entities, are legally obligated to ensure their premises are safe for visitors, residents, customers, and even trespassers under certain circumstances. When they fail to meet this standard of care, and someone is injured, it can give rise to a premises liability claim.

Key Aspects of Premises Liability in NYC

1. Unsafe Conditions

This can include a range of issues such as:

• Slippery floors without proper signage
• Uneven sidewalks
• Broken or unsafe staircases
• Poorly maintained elevators or escalators
• Obstructions or debris in walkways
• Inadequate lighting that leads to accidents

2. Inadequate Maintenance

Failure to repair known hazards or conduct regular inspections and maintenance can lead to accidents. Examples include:

• Neglecting to fix broken handrails
• Ignoring leaking or dripping ceilings that create slippery surfaces
• Not clearing ice or snow from sidewalks and entryways

3. Negligent Security

Property owners can be held liable for injuries resulting from assaults or other harmful acts when inadequate security measures have contributed to these incidents. This includes:

• Lack of security cameras in known high-risk areas
• Insufficient lighting in parking lots or building entrances
• Failure to employ security personnel in buildings where past incidents suggest a need

4. Construction Defects

New constructions or renovations with structural issues that lead to injuries can result in premises liability claims. This might involve:

• Poorly designed balconies or terraces
• Substandard building materials that fail under normal use
• Architectural errors that pose safety risks

Legal Considerations

To establish a premises liability claim in New York City, the injured party must prove that:

• The property owner knew or should have known about the hazardous condition.
• The owner failed to correct the condition or provide adequate warning.
• The hazardous condition directly caused the injury.

The concept of “comparative negligence” may also play a role, where the injured party’s own negligence in causing the accident can reduce the amount of compensation they receive.

How a Premises Liability Lawyer at Our Firm Can Help

At the Law Offices of Ira M. Perlman, P.C. & Robert D. Rosen, P.C., we understand the challenges and complexities associated with premises liability cases in New York City. If you or a loved one has suffered an injury due to unsafe conditions on someone else’s property, our experienced premises liability lawyers are here to help. Here’s how we can assist you:

Experienced Legal Advice

Our personal injury attorneys provide experienced legal advice tailored to the specifics of premises liability law. We understand property owners’ obligations under New York law and can determine how these laws apply to your situation, helping you understand your rights and the potential for compensation.

Thorough Investigation

We conduct detailed investigations to establish the facts surrounding your accident. This includes gathering evidence such as accident scene photographs, surveillance footage, witness statements, and maintenance records. We aim to build a strong case by proving that the property owner knew or should have known about the hazardous condition and failed to take appropriate action.

Identifying Liable Parties

Our team works diligently to identify all parties who may be liable for your injuries. This can include property owners, management companies, maintenance crews, or third-party contractors. Understanding who is legally responsible is crucial for effectively pursuing your claim.

Maximizing Compensation

We are committed to securing the maximum possible compensation for our clients. This includes compensation for medical expenses, lost wages, pain and suffering, and any other losses related to the accident. We thoroughly document all aspects of your case to ensure that no detail is overlooked in valuing your claim.

Negotiating Settlements

Our personal injury lawyers are skilled negotiators who deal directly with insurance companies and opposing counsel on your behalf. We strive to negotiate a fair settlement that fully addresses the impact of your injuries. However, we are always prepared to take your case to trial if a satisfactory settlement cannot be achieved.

Legal Representation in Court

If your case goes to trial, our experienced premises liability attorneys are well-equipped to represent you in court. We use the evidence gathered during our investigation to present a compelling case to the jury, always aiming to achieve the best possible outcome for you.

Personalized Support

We understand that dealing with injuries from an accident can be a stressful and emotional time. Our team provides personalized support throughout the legal process, ensuring that you feel informed and supported every step of the way.

Common Premises Liability Injuries

Premises liability cases arise when individuals are injured due to unsafe conditions on someone else’s property. In New York City, where both pedestrian traffic and property use are intense, various types of injuries can occur under premises liability law. Here are some of the most common injuries that can result from premises liability incidents:

• Slip and Fall Injuries: These often include fractures, head injuries such as concussions, and back or spinal injuries, which can range from minor to severe.
• Cuts and Lacerations: These injuries frequently result from contact with broken glass, exposed metal, or other improperly maintained sharp objects.
• Burn Injuries: Individuals may sustain burns from fires, exposed wiring, or scalding from exposed plumbing; chemical burns can occur due to improperly stored hazardous substances.
• Electrocution Injuries: These may happen when there is faulty wiring or poorly maintained electrical appliances accessible to visitors.
• Dog Bites: Injuries from animal attacks often occur in residential areas where pets are not properly restrained.
• Injuries from Falling Objects: Common in retail settings or construction sites, these injuries happen when items fall from heights.
• Swimming Pool Injuries: These can include drowning, slips on wet surfaces, or injuries from faulty pool equipment.
• Toxic Exposure: This can occur from contact with or inhaling hazardous chemicals or fumes, often due to inadequate storage or ventilation.
• Elevator and Escalator Injuries: These injuries result from malfunctions or improper maintenance of elevators and escalators, including falls and entrapments.

These injury types can have significant health implications and may entitle victims to compensation for medical expenses, lost wages, and pain and suffering. Victims should seek legal guidance to ensure property owners are held accountable for their negligence.

Who is Liable for My Premises Liability Injury?

In premises liability cases, determining who is liable for an injury sustained on someone else’s property involves understanding the legal responsibilities of property owners and other parties. Here are the typical parties that may be held liable in premises liability incidents:

Property Owners

Property owners are primarily responsible for maintaining a safe environment on their premises. They must regularly inspect the property and address potential hazards promptly. The property owner can be held liable if an injury occurs due to a known hazard that was negligently left unaddressed.

Leaseholders and Tenants

In some cases, tenants or leaseholders may be liable instead of or in addition to the property owner. For example, if a tenant has control over the conditions that led to the injury and fails to maintain safe conditions or notify the property owner of hazards, they could be liable.

Business Operators

Business operators, such as store or restaurant owners, are responsible for ensuring their establishments are free from hazards that could harm customers or employees. This includes addressing spills, ensuring proper lighting, and maintaining safe walkways.

Property Management Companies

If employed by the property owner to manage the property, these companies are responsible for the upkeep and safety of the premises. Their duties often include handling repairs, ensuring security, and maintaining overall safety standards.

Maintenance Companies

Companies hired to perform specific maintenance tasks can be liable if their negligence contributes to unsafe conditions. For example, a cleaning company that fails to put up warning signs for wet floors or a construction company that improperly installs fixtures can be held responsible.

Manufacturers of Defective Products

If an injury is caused by a defective product (such as a malfunctioning escalator or elevator), the manufacturer of that product can be held liable under product liability laws.

Legal Framework for Establishing Liability

To establish liability in a premises liability case, the injured party must demonstrate that:

• The defendant had a duty of care to maintain a safe environment.
• The defendant breached this duty by failing to address a hazardous condition.
• The breach of duty directly caused the injury.
• The injury resulted in actual damages, such as medical expenses or lost wages.

Comparative Negligence Consideration

In New York, the principle of comparative negligence may also apply. This means that if the injured party was partially at fault for their injury (e.g., ignoring warning signs), their compensation may be reduced proportionally to their share of fault.

Compensation You May Be Entitled to After a Premises Liability Injury

If you’ve suffered an injury due to unsafe conditions on someone else’s property in New York City, you may be eligible for various types of compensation. Understanding what you can claim will help ensure you are fully compensated for your losses. Here’s a breakdown of the types of compensation typically available in premises liability cases:

Medical Expenses

• Immediate Medical Costs: This includes all medical treatments related to your injury, such as emergency room visits, hospitalization, surgeries, and initial medical consultations.
• Ongoing and Future Medical Costs: If your injuries require long-term treatment, you can claim costs for physical therapy, follow-up visits, necessary future surgeries, and any ongoing medication.

Lost Wages

Compensation for wages lost while you are unable to work due to your injuries. This includes the time spent away from work for medical treatments and recovery.

Loss of Earning Capacity

If your injuries prevent you from returning to your previous job or working in the same capacity as before the accident, you can claim compensation for the loss of earning potential.

Pain and Suffering

Compensation for physical pain and emotional distress resulting from your injuries. This also covers the impact of your injuries on your quality of life and any potential future discomfort or limitations.

Permanent Disability or Disfigurement

If the accident results in permanent physical disability or significant disfigurement, you may be entitled to additional compensation for these long-term impacts.

Emotional Distress

Separate from pain and suffering, this covers psychological impacts such as anxiety, depression, and trauma resulting from the accident and the way it has affected your life.

Punitive Damages

In cases where the negligence was particularly egregious, punitive damages may be awarded to punish the negligent party and deter similar behavior in the future.

Wrongful Death

If the premises liability accident results in death, the family of the deceased can pursue wrongful death compensation. This can include funeral and burial costs, loss of financial contribution, and loss of companionship.

Get the Compensation You Deserve for Your Premises Liability Injury

If you’ve been injured due to unsafe conditions on someone else’s property, don’t wait to claim what you’re owed. Contact the Law Offices of Ira M. Perlman, P.C. & Robert D. Rosen, P.C. Our experienced NYC premises liability lawyers are committed to fighting for your rights and securing the compensation you deserve. Schedule your free consultation today and let us help you navigate your legal journey toward recovery and justice.

NYC Premises Liability FAQs

When you’re injured on someone else’s property in New York City, you likely have many questions about your rights and options. Below are frequently asked questions about premises liability to help you understand how to proceed with a claim.

What is premises liability?

Premises liability refers to a property owner’s legal responsibility to ensure their property is reasonably safe for visitors. If a visitor is injured due to unsafe conditions that the owner should have addressed, the owner may be liable for damages.

What types of accidents are covered under premises liability?

Common types of accidents include:

• Slip and fall accidents due to wet floors, ice, or uneven surfaces.
• Injuries from falling objects.
• Elevator and escalator accidents.
• Dog bites and animal attacks.
• Swimming pool accidents.
• Accidents due to poor lighting or inadequate security.

Who can be held liable in a premises liability case?

Typically, the property owner is held liable. However, depending on the circumstances of the accident and their role in property upkeep, tenants, property managers, or maintenance companies might also be responsible.

What do I need to prove in a premises liability claim?

You must prove that the property owner knew or should have known about the hazardous condition and failed to fix it or warn visitors. Additionally, you need to demonstrate that this negligence directly caused your injuries.

How long do I have to file a premises liability claim in NYC?

In New York, you generally have three years to file a personal injury lawsuit from the accident date. However, this timeframe can vary, especially if the claim is against a government entity, which requires a notice of claim within 90 days of the incident.

Can I file a claim if I was partially at fault for the accident?

Yes, New York follows a “comparative fault” rule, which means you can still recover damages even if you were partly responsible for the accident. However, your compensation will be reduced by your percentage of fault.