Skilled Property Owner Liability Lawyer in New York City

It is normal, during the course of wear and tear, for objects to fall, liquids to drip onto a floor or the ground, and for cracks and fissures to appear in sidewalks, or for previously smooth surfaces to become uneven and rough.

It is “reasonable” for an ordinary person to expect that there are things that should be avoided on sidewalks in New York City. At the same time, property owners have the duty and obligation to maintain their premises in a reasonably safe manner. That includes keeping walkways free of ice, elevators, and stairs in good repair, and secured premises safe from foreseeable criminal acts.

When determining if an NYC property owner’s actions were in fact reasonable, the court must consider how long the unsafe condition that contributed to the slip and fall accident existed and whether the owner had time to discover and ultimately fix the problem. It must also consider whether the steps taken were appropriate or reasonable and whether the carelessness of the victim contributed to the slip and fall injury.

At David Resnick & Associates, P.C., we know that thousands of New Yorkers are seriously injured when they slip on slippery floors, are bitten by dogs or are exposed to dangerous chemicals. If a property owner is negligent, and that negligence causes an injury, the property owner is liable.

To learn more about property owners’ responsibilities in slip and fall cases, contact David Resnick & Associates, P.C., by phone or online. We have worked with many victims of accident injuries in Manhattan, Queens, Brooklyn, Staten Island, the Bronx, and all of New York City. We understand New York’s laws on personal injury claims.

Property Owner Responsibility

It is a property owner’s responsibility to be careful in keeping up his or her property. To be legally responsible for the injuries suffered by someone slipping or falling on a property, one of the following must be true:

Every premises liability case is evaluated on an individual basis and considers whether the property owner took precautions to make the area safe as well as whether the victim was unreasonably careless, thereby contributing to the slip and fall accident.

Top 10 Property Owner Responsibilities for Preventing Falls

Property owners should make regular inspections of their premises and act quickly when hazards are found. Property owners should exercise reasonable care for the safety of visitors by taking prompt responsibility for:

Many slip and fall or tripping accidents are caused by preventable conditions that were left to cause a problem simply out of negligence on the part of the property owner or the party in control of the property.

The slip and fall litigation team at David Resnick & Associates, P.C., has a record of winning maximum financial compensation for our clients. For example, we obtained $250,000 for a man who slipped and fell on an icy street and a $200,000 settlement for a man who slipped on a wet bathroom floor in a movie theater.

Homeowners’ Liability for Guest Safety

There are several things to consider if you plan to have visitors to your home during the holiday season – or at any other time. Premises liability, the legal obligation to ensure that your home is safe for visitors, is not a seasonal condition.

Before your next gathering of any size, take care of:

If someone is injured in your home because you failed to remove, reduce, or warn about a potential hazard, you may be held liable for the resulting accident. The injured guest, or a third party injured by your drinking guest, may have the right to compensation. A personal injury lawyer can help them obtain the compensation they are due through the personal liability coverage of their homeowners’ insurance.

Who Is Responsible for NYC Slip and Fall Injuries?

After a slip and fall on someone else’s property, you may wonder who can be held liable for the accident and the injuries it causes. The fact is that the negligent acts of property owners and others are often the cause of slip-and-fall accidents, making them liable for any injuries you suffer.

At David Resnick & Associates, P.C., our experienced New York slip and fall lawyers know first-hand how serious fall injuries can be, and the impact they can have on all areas of your life.

Even injuries from a seemingly minor slip and fall could require ongoing medical care and treatment while preventing you from working or engaging in activities you enjoy. Identifying those responsible and proving fault in slip and fall accidents is a key factor in ensuring you get the compensation you need to recover.

Proving Fault in Slip-and-Fall Accidents

Slip-and-fall accidents are a serious matter and the injuries that result can be costly and potentially life-threatening. The National Safety Council (NSC) reports that falls are the third leading cause of death in the U.S., affecting more than 30,000 victims and their families each year. They are often the result of another’s negligent actions, particularly when they occur in public places such as stores, parking lots, sidewalks, restaurants, theaters, hospitals, and office buildings, for example.

Negligence is defined as either doing something a reasonable person would not do in similar circumstances, or failing to take actions a reasonable person would take. Negligence is a key element in proving fault in slip-and-fall accidents involving premises liability. Failing to correct unsafe conditions or to alert others of the potential fall risks are examples of situations in which the person who owns or is in charge of the property could be held responsible for slip-and-fall accidents that result.

Holding Property Owners and Managers Responsible for Slip-and-Fall Accidents

When you suffer injuries due to a slip-and-fall accident, the following are examples of parties that may be held at fault in a slip and fall claim for the damages you suffered:

Homeowners and landlords:

Negligent landlords and owners of residential property can be held accountable when injuries occur due to poor lighting on paths or in stairwells, from cracks in walkways, and from violations of the state housing code, for example. The NYCHA can also be named as a responsible party in some instances.

Business owners:

Negligent business owners can be held responsible by employees, customers, or clients for failing to make sure entrances and exits are clear and free of debris, and for shoveling sidewalks and walkways that are directly in front of their business, for example.

City or municipal governments:

When injuries on city-owned property occur as the result of uneven sidewalks, due to exposed wires and cables, or in areas under construction, for example, city and municipal governments are held liable for any injuries suffered.

In any of the above situations – and many others that weren’t listed – you may be entitled to compensation for your injuries through a claim filed against the at-fault party’s insurer, or through a premise liability lawsuit filed with the court.

Contact an Experienced NYC Property Liability Lawyer

If you have been injured in a fall that you think was caused by a hazard that was a property owner or manager’s fault, we may be able to help you obtain compensation for your injuries and other losses.

Slip-and-fall cases can involve complicated legal questions. David Resnick & Associates, P.C., can assess the circumstances of your accident and determine whether actionable negligence was involved.

Contact us for a free, no-obligation consultation about the legal options that may be available to you. Call us today or contact us through our online form.