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. The experienced premises liability attorneys at David Resnick & Associates, P.C. are ready to help you; contact us for a free consultation today!
Premises Liability Laws in New York City
New York City premises liability laws are designed to hold property owners accountable for maintaining safe conditions on their premises. Under New York law, property owners owe a duty of care to lawful visitors, which includes maintaining their property in a reasonably safe condition and addressing known hazards in a timely manner. Failure to fulfill this duty can result in legal liability if an injury occurs as a result of the property owner’s negligence. Our premises liability attorneys in New York City are well-versed in these laws and utilize them to advocate for our client’s rights.
Premises Liability Cases in NYC
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 the 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.
Factors in Establishing Negligence
Establishing negligence in a premises liability case requires demonstrating several key elements, including:
- Duty of Care: The property owner owed a duty of care to the injured party.
- Breach of Duty: The property owner breached this duty by failing to maintain safe conditions or address known hazards.
- Causation: The hazardous condition directly caused the plaintiff’s injuries.
- Damages: The plaintiff suffered damages, such as medical expenses, lost wages, and pain and suffering, as a result of the accident.
Our premises liability lawyers in New York City meticulously analyze each of these factors to build strong cases on behalf of our clients, ensuring that negligent property owners are held accountable for their actions.
Am I 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 occur 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 A NYC Premises Liability 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 the 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 attorney, and the immediate investigation of the circumstances to establish a link between your injuries and the negligent conditions that caused them.
Statute of Limitations in Premises Liability Lawsuit
In New York, there is a statute of limitations that dictates the timeframe within which a premises liability lawsuit must be filed. Generally, injured parties have three years from the date of the accident to file a lawsuit against the negligent property owner. However, there are exceptions to this rule, and certain circumstances may shorten or extend the statute of limitations. It’s crucial to consult with an experienced premises liability attorney in New York City as soon as possible after an accident to ensure that your legal rights are protected.
Statistics on Premises Liability in New York
Understanding the prevalence of premises liability claims can provide insight into the importance of legal representation in these cases. Here are some noteworthy statistics:
- According to the Centers for Disease Control and Prevention (CDC), approximately 1 in 5 falls causes a serious injury, such as broken bones or head injuries.
- The National Safety Council (NSC) reports that falls are the leading cause of unintentional injuries in the United States, contributing to over 8 million emergency room visits each year.
- A study published by the American Journal of Public Health highlighted that injuries due to falls result in a cost of approximately $50 billion annually in medical expenses.
- The U.S. Consumer Product Safety Commission found that the average medical costs for slip and fall injuries can range from $30,000 to $40,000.
These statistics emphasize the significance of having an experienced New York City Premises Liability Lawyer like those at David Resnick & Associates, P.C., who can effectively advocate for your rights and seek the compensation you need to recover from your injuries.
The Impact of Premises Liability on Victims’ Lives
Beyond the legal complexities, it’s important to recognize the profound impact that premises liability accidents can have on victims and their families. These incidents often result in serious injuries that can lead to long-term physical disabilities, chronic pain, and emotional trauma.
At David Resnick & Associates, P.C., we understand the devastating toll that a premises liability accident can take on a person’s life. That’s why we approach each case with empathy and compassion, providing our clients with not only legal representation but also the support and resources they need to navigate the challenges they face.
Why Choose David Resnick & Associates, P.C.?
Experience: At David Resnick & Associates, P.C., our seasoned team of premises liability attorneys brings a wealth of experience to every case we handle. With years of dedicated practice in the field of premises liability law, we have successfully represented numerous clients throughout New York City.
Resources: At David Resnick & Associates, P.C., we recognize the importance of thorough investigation and preparation in premises liability cases. That’s why we invest significant resources into each case we take on, leveraging cutting-edge technology, witnesses, and investigative techniques to build strong, evidence-based arguments. Our extensive network of professionals, including accident medical professionals, and economists, allows us to present compelling evidence in support of your claim. Rest assured, we leave no stone unturned in our pursuit of justice on your behalf.
Dedication: When you choose David Resnick & Associates, P.C., you’re not just hiring legal representation – you’re gaining a dedicated advocate committed to your cause. We understand the profound impact that a premises liability injury can have on your life, and we are passionate about helping you navigate the legal process with confidence and dignity. From the initial consultation to the resolution of your case, we remain steadfast in our dedication to achieving the best possible outcome for you. Whether negotiating settlements or litigating in court, we tirelessly advocate for your rights and interests every step of the way.
Compassion: At the heart of our practice lies a deep sense of compassion for our clients and their struggles. We recognize that dealing with the aftermath of a premises liability accident can be overwhelming, both emotionally and physically. That’s why we prioritize providing compassionate support and guidance to our clients throughout the legal process. From answering your questions and addressing your concerns to offering empathetic counsel and reassurance, we are here to support you every step of the way. With David Resnick & Associates, P.C., you can trust that you’re not just another case – you’re a valued individual deserving of respect, understanding, and dedicated advocacy.
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 and call us at 212-279-2000 today.
New York City Premises Liability FAQs
The following are common premises liability FAQs asked of David Resnick & Associates, P.C., covering Manhattan, Queens, Brooklyn, Staten Island, the Bronx, and all of New York City.
FAQs
What is premises liability?
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.
What are the legal elements of premises liability?
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.
What are the most common types of premises liability?
- Slip and fall
- Trip and fall accidents
- Animal attacks
- Fire hazards
- Toxic chemical exposure
- Toxic mold
- Asbestos exposure
I have been injured on someone else’s property. What should I do?
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.
Should I take any photos?
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.).
What duty of care does a property owner have?
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.
How will it be determined that I have a case?
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.
Who will pay for my medical expenses?
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.
What other damages are recoverable in a premises liability case?
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.).
Should I hire a premises liability attorney?
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.