Premises Liability

NYC Premises Liability Lawyer

A New York premises liability accident can have a significant impact on your life. Suppose the owner or the manager of the location where you suffered an injury was at fault for your accident. In that case, you may be able to recover compensation in a premises liability claim. There are many different types of premise liability claims that an attorney from Rosenberg, Minc, Falkoff & Wolff, LLP will be happy to discuss with you. We serve personal injury clients in New York City and have a strong track record of successful case results.

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What is Premises Liability?

According to New York premises liability law, property owners have a legal duty to visitors and guests of a New York premises to maintain and keep it free from dangerous conditions that could lead to a personal injury. In order to win damages in your personal injury claim, your attorney must prove that the property owner was negligent in the maintenance of the property and failed to use reasonable care to prevent unsafe conditions.

Examples of Premise Liability

These are some of the types of cases that a premises liability lawyer from our New York City firm can help you with:

Slip And Falls

A slip and fall accident is one of the most common types of premises liability cases and can result in serious injuries to the head, joints, back, and internal organs, including the brain and the heart. Fall accidents can also crush or dislocate bones and cause cuts or scrapes. 

Negligent Security

If you have been assaulted and can prove that the property owner failed to adequately protect guests or renters from harm or risk, then you should call us today. Residential and commercial property owners should take reasonable measures to prevent crime on their property, especially if serious crimes have been committed in the area.

Swimming Pool Accidents

The majority of pool accidents are attributed to a negligent property owner. Broken glass by the pool area, faulty pool lights, missing flotation devices, lack of supervision, and wet surfaces are some examples of New York swimming pool accidents.

Elevator and Escalator Accidents

According to the U.S. Bureau of Labor Statistics (BLS) and the Consumer Product Safety Commission (CPSC), elevators and escalators kill about 30 people every year in the United States and seriously injure about 17,000 more. Escalator accidents can be caused by missed inspections, defective design, faulty installation, and negligent maintenance.

What damages are available in NYC premises liability cases?

Our law firm fights tirelessly for you to get the just and fair compensation you deserve. We fight for you to receive economic damages and non-economic damages from the insurance company representing the negligent property owners.

Economic damages encompass your pecuniary losses, including your hospital bills, future medical expenses, lost wages, future lost earnings, and any out-of-pocket expenses related to your premises liability accident. Your NYC personal injury attorneys from Rosenberg, Minc, Falkoff & Wolff, LLP will fight for you to receive the financial compensation you deserve by collecting receipts, invoices, and other financial documents to use in your premises liability case.

Non-economic damages in a premises liability claim compensate the injured party for non-pecuniary, subjective losses. Pain and suffering are the most common types. Call our law firm today if you have suffered the loss of enjoyment of life, loss of consortium, post-traumatic stress disorder, mental anguish, and emotional distress since your premises liability accident.

Why do You Need a Premises Liability Attorney?

Our premises liability lawyers help injured clients get the maximum compensation possible under New York law. Our premises liability attorneys also advise you of your rights. They protect you when the property owner or their insurance company either denies your premises liability case or offers you far less than you deserve.

One possible scenario is that the property owner will accuse you of being liable for your injuries by claiming that you were trespassing into an area on the property with a known dangerous condition. It is a property owner’s duty to post signage indicating where visitors should not go. Generally, it is hard to recover damages when property owners can prove that they did their due diligence to warn others of the risk of serious injury, but the visitor ignored them. 

Another argument that the attorneys from the insurance company commonly make in premises liability claims is that the victim contributed to their personal injury. They may even argue that the New York City property owner’s negligence played a role in the unfortunate incident but that they are not the only liable party. If the victim was wearing improper footwear, was distracted, intoxicated, on drugs, or horsing around at the time of the accident, then they will fight hard to reduce how much they pay out in the settlement.

When an injured victim has accrued significant medical expenses to treat injuries that occurred on someone else’s property in New York, the insurance is going to fight back hard on the premises liability case. The insurance company is concerned with saving money, not paying out damages in New York premises liability cases. With years of experience successfully winning cases, our premises liability lawyers are ready to take on the property owner and the insurance company. No matter what they throw at us, we will fight back harder for you.

FAQs

You have three years from the date of your New York premises liability incident to file a claim against the property owners in a court of law. However, a New York City premises liability lawyer will warn you that you could file your case as soon as possible. Premises liability lawsuits can get very complex very quickly, and one way to complicate your premises liability claim is to wait too long. If you have been injured on someone else’s property, then you should seek medical treatment within two weeks of the accident and talk to one of our New York City liability lawyers within a month.

Private property owners and the insurance companies that they have policies with are focused on reducing their liability in the personal injury claim. They will argue that your injuries were not that serious if you took a long time to see a doctor to seek relief for your pain or file a claim to recover medical costs and lost wages. They may even go so far as to accuse you of not filing a valid premises liability case. The sooner that you contact a New York City premises liability lawyer from Rosenberg, Minc, Falkoff & Wolff, LLP, the better your chances of succeeding in your case.

The two most dangerous types of fall injuries are spinal cord injuries and traumatic brain injuries (TBI). The spinal cord is housed within the 24 vertebrae of the back and sends messages from the brain to the body along the nerves. During an accident, the vertebrae can become fractured, dislocated, or crushed, causing pieces to protrude into the spinal cord. Spinal cord injuries can cause a victim to lose control of their limbs, breathing and bowel movements. 

Like spinal cord injuries, traumatic brain injuries can be severe or life-threatening. Open TBI is when the skull is penetrated, such as from a gunshot wound. Closed TBI is when the skull remains intact, but the damage is internal. Examples of TBI include brain bleeding, hematoma, contusions, coma, and concussion.

Internal injuries can be life-threatening and extremely painful if not treated right away. The heart can smash into the bones of the ribs, causing bruising and bleeding. A force or a blow to the stomach region can burst capillaries, causing stomach bleeding. Other internal organs, such as the kidneys, can become bruised.

The first thing you should do is document the scene. Liability comes down to proving the property owner’s failure to provide a danger-free premise, so photos and videos are valuable as they are indisputable evidence of the unsafe premises. Obtain contact information for any witnesses of your New York City accident so you can provide them to your attorney at Rosenberg, Minc, Falkoff & Wolff, LLP.

Fall accidents should be immediately reported to the property owner or manager. Most New York private property owners have reporting procedures for when an injury has occurred. Get a copy of that report. Finally, get checked out by a New York City physician who can determine if you have suffered serious injuries that need immediate attention.

It is a property owner’s duty to identify potential hazards on a property and respond to them in a reasonable amount of time. The answer to this question depends on the circumstances of your New York personal injury case. When property owners fail to act responsibly and thus cause injury to others, then they are held liable for the damages that ensued, but where the accident occurred matters greatly in determining who pays:

  • Shopping malls, restaurants, grocery stores, hotels, and apartment buildings are common places where premises liability accidents occur
  • If the cracked pavement on a sidewalk caused the victim to trip and fall, then the local municipality that controls the sidewalk or the homeowner could be held liable
  • Sometimes a tenant, such as a retail shop in a strip mall, is held liable for the injuries rather than the property owner

It is the goal of your premises liability lawyer to prove that the property owner breached their legal duty owed to the victim. In order to win damages after you have been injured on someone else’s property, your attorney must prove causation, meaning they must demonstrate that the property owner’s negligence was the direct cause of your accident, which led to your injuries. Key pieces of evidence used to prove liability and damages are:

  • The accident or incident report
  • Your employment records and pay stubs
  • Testimony from expert witnesses
  • Insurance policies taken out by the property owner
  • Lease agreements or property records
  • Your medical records and bills
  • Pictures of the scene of the incident or accident
  • Witness statements

Below are some of the most common questions that law firms receive about premises liability accidents:

Trusted NYC Personal Injury Lawyers

Call 212-697-9280 to speak to one of our NYC premises liability attorneys from Rosenberg, Minc, Falkoff & Wolff, LLP. Our NYC premises liability attorneys will investigate the circumstances surrounding your accident, determine the cause, and identify who is to blame.