If you've suffered injuries due to falls, dog bites, or criminal attacks on someone else's property in New York, you deserve unwavering legal support. Premises liability holds property owners or occupiers responsible for accidents occurring on their premises. However, merely sustaining an injury on someone else's property doesn't guarantee a case.
What Is Premises Liability?
Premises liability refers to the legal responsibility property owners and occupiers have to ensure that their premises are safe for others. If someone is injured on a property due to unsafe or hazardous conditions, the property owner or occupant can be held liable under premises liability law. The key factor in premises liability is negligence. Property owners are required to take reasonable steps to prevent accidents and injuries on their premises. If they fail to do so, and someone gets hurt, they may be legally responsible for the damages.
Understanding Premises Liability Claims in New York
Premises liability claims hold property owners or occupants accountable for providing a safe environment for visitors, customers, or tenants. To succeed in a premises liability lawsuit in New York, these elements must be established:
- Lawful Presence: You must have been on the property legally, either invited or with implicit permission.
- Negligence: The property owner must have been negligent in addressing unsafe conditions and failed to rectify them or provide adequate warnings.
- Causation: The owner's negligence must have directly caused your injuries.
- Damages: Your injuries must have resulted in tangible harm and losses.
Visitor Classifications in New York
Previously, visitors in New York were classified as invitees, licensees, or trespassers. However, New York now assesses a property owner's duty based on the foreseeability of a visitor, regardless of their status. Nevertheless, recovering damages while trespassing can be challenging unless malicious intent can be proven.
Common Premises Liability Accidents
Premises liability encompasses various accidents, including:
- Slip-and-falls
- Trip-and-falls
- Dog bites
- Swimming pool accidents
- Ceiling collapses
- Inadequate security leading to assaults
- And more
If you are curious if your injury or an injury to a loved one qualifies for a premises liability claim, contact us today to schedule a free consultation.
What Kinds of Damages Can Be Recovered In Premises Liability Cases?
If you’ve been injured due to unsafe conditions on someone else’s property, you may be entitled to compensation for a wide range of damages under New York premises liability law. Here's a breakdown of what you might be able to recover:
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Medical Expenses: This includes both current and future medical costs related to the injury, such as hospital bills, surgeries, physical therapy, prescription medications, and any specialized care required during recovery.
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Lost Wages: If your injury prevents you from working, you can seek compensation for lost income. This includes any wages lost during your recovery, as well as future earnings if your injury affects your long-term ability to work.
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Pain and Suffering: In addition to the physical pain endured due to the injury, you may also be compensated for the emotional distress and mental anguish resulting from the accident. Pain and suffering damages are typically more subjective but can account for significant hardship caused by the injury.
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Loss of Enjoyment of Life: Serious injuries can prevent you from enjoying activities you once loved. You may be able to seek compensation if your quality of life has been significantly diminished due to the accident.
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Permanent Disability or Disfigurement: If your injury results in a lasting disability or visible disfigurement, you may be entitled to additional damages to account for these long-term effects.
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Property Damage: If any personal property (such as clothing, a phone, or other valuables) was damaged or destroyed during the incident, you could be reimbursed for the repair or replacement of those items.
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Out-of-Pocket Expenses: Any costs directly tied to your injury, such as transportation to medical appointments, assistance with daily activities, or home modifications required due to your condition, can be recovered as part of your claim.
Who Can Be Held Responsible Under New York Premises Liability Law?
In New York, determining responsibility in a premises liability case hinges on one crucial factor: control over the property. Property owners, landlords, business operators, and even tenants can all be held liable if their negligence leads to an injury on the premises. The law generally recognizes several potential parties that may share accountability, including:
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Property Owners: Whether it’s a private residence, commercial building, or rental property, the owner of the premises is often the first entity scrutinized in these cases. They are responsible for making a property safe for visitors, tenants, or customers. Failure to maintain safe conditions can result in liability.
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Landlords and Property Managers: When a landlord leases a property, they are required to maintain common areas such as stairways, elevators, and sidewalks. If an accident occurs in these areas due to poor maintenance, a landlord or property manager can be held accountable.
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Tenants: In some cases, tenants may assume partial or full responsibility for maintaining safety in areas they directly control, such as rented business spaces or apartments. If a tenant's actions or negligence lead to an injury, they may be held liable.
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Business Owners: Stores, restaurants, and other commercial enterprises are obligated to keep their premises safe for customers and employees. They must regularly inspect the property, address potential hazards, and provide adequate warnings if any dangers exist.
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Government Entities: Public properties such as parks, streets, and government buildings are held to the same safety standards. If you are injured on public property, the relevant governmental entity could be responsible for your damages.
Why Legal Representation Matters
Successfully navigating a premises liability claim hinges on proving the property owner's negligence. This involves demonstrating their knowledge or should-have-known status regarding hazards. Moreover, property owners may hastily perform repairs upon learning of an injury to eliminate evidence. Seeking legal counsel promptly is crucial to ensure a thorough investigation and preservation of evidence.
Contact The Case Handler Team
If you've sustained serious injuries, don't delay seeking legal assistance. Contact The Case Handler team at 212-608-3734 for dedicated advocacy in your premises liability claim. Let us fight for your rights and the compensation you deserve.
