Premises Liability Lawyer

At Greenberg Law, P.C., located in the heart of New York City, we understand the challenges and frustrations that victims face after being injured on someone else’s property. Our dedicated team of NYC premises liability lawyers is committed to advocating for the rights of those who have suffered injuries due to property owner’s negligence. We provide professional legal representation to help you navigate the complexities of premises liability claims and secure the compensation you deserve. Contact us today for a FREE consultation.

What Constitutes a Premises Liability in NYC?

In New York City, premises liability refers to the legal responsibility of property owners to ensure their premises are reasonably safe for those who enter. This duty encompasses fixing known hazards, conducting regular inspections to discover potential dangers, and warning visitors about conditions that might not be immediately obvious. When property owners fail to meet these obligations, and someone is injured. As a result, it may constitute a premises liability case. Key elements include:

The Existence of a Hazard

A condition on the property poses a risk of harm. This could be anything from a wet floor without a warning sign, inadequate lighting, or a broken stairway to icy walkways not properly treated.

Knowledge of the Hazard

The property owner knew or should have reasonably known about the hazard but failed to take appropriate action to remedy it. This “reasonable” standard is based on whether the owner had ample opportunity to discover and fix the issue before the incident occurred.

Injury Occurrence

An individual was injured as a direct result of the hazardous condition on the property. The injury must be demonstrable and directly linked to the property owner’s negligence.

Legal Status of the Injured Party

The injured person’s reason for being on the property can affect the outcome of a premises liability claim. Visitors are generally categorized as invitees, licensees, or trespassers, with varying degrees of protection under the law. Property owners owe the highest duty of care to invitees, such as customers in a store.

Common Premises Liability Accidents

Common premises liability accidents encompass a variety of incidents that occur on property owned or occupied by someone other than the injury victim. These accidents can happen in numerous settings, including commercial properties, residential areas, and public spaces. Understanding the most common types of premises liability accidents can help individuals recognize potential hazards and their rights should an injury occur. Here are several widespread premises liability accidents:

Slip and Fall Accidents

Arguably the most common type of premises liability accident, slip and falls can occur due to wet floors, icy walkways, uneven surfaces, loose carpets, or poorly maintained stairs. Property owners are expected to keep areas free of hazards that could lead to these accidents.

Inadequate Building Security Leading to Assault or Theft

When property owners fail to provide adequate security measures, such as lighting, locks, or security personnel, it can result in visitors or tenants being subjected to assault, theft, or other crimes. This lack of security is scrutinized in apartment buildings, parking lots, and commercial properties.

Elevator and Escalator Accidents

Malfunctions, improper maintenance, or faulty operation of elevators and escalators can lead to serious injuries. Property owners and managers are responsible for ensuring these conveyances are safely maintained and operated.

Dog Bites

Property owners can be held liable if their dog bites or attacks someone on their property, especially if the dog has shown aggressive behavior in the past or the owner was negligent in controlling the animal.

Swimming Pool Accidents

Swimming pool accidents, including drownings and diving injuries, can occur due to inadequate supervision, lack of safety equipment, or poorly maintained facilities. Property owners with pools must adhere to specific safety regulations to prevent such accidents.

Toxic Exposure

Due to a property owner’s negligence, exposure to hazardous chemicals or materials, such as lead paint, asbestos, or toxic mold, can lead to serious health issues. Owners are expected to manage these hazards appropriately and warn occupants of their presence.

Falling Objects

Items falling from shelves, buildings under construction, or other elevated areas can cause injuries to passersby or visitors. Ensuring objects are securely stored or warning signs are posted is a property owner’s responsibility.

Fires and Explosions

Fires or explosions resulting from poor maintenance, code violations, or negligence in handling flammable materials can lead to premises liability claims against the property owner for injuries sustained.

Amusement Park Accidents

Injuries at amusement parks, from rides or other attractions, caused by operator error, mechanical failure, or poor maintenance can result in premises liability cases against the park owners or operators.

Accidents on Public Property

Accidents on public property, such as parks, sidewalks, or public buildings, can also fall under premises liability. However, claims against government entities have specific procedural rules and limitations.

Premises liability laws are designed to protect individuals from harm caused by property owners’ negligence. If you’ve been injured in any such accident, consulting with a knowledgeable premises liability lawyer can help you understand your legal options and pursue compensation for your injuries.

How a NYC Premises Liability Lawyer Can Help

As your trusted NYC premises liability lawyer, Greenberg Law, P.C. is committed to providing legal representation and guiding you through the complexities of your case. Here’s how we can help:

Legal Experience

Our team brings extensive experience and knowledge of New York premises liability laws. We’ll assess your case’s unique circumstances, determine liability, and develop a strategic legal plan tailored to your needs.

Thorough Investigation

We’ll conduct a comprehensive investigation into the circumstances surrounding your injury, gather evidence, interview witnesses, and consult experts to build a strong case on your behalf.

Negotiation Skills

We’ll skillfully negotiate with insurance companies and opposing parties to pursue fair and just compensation for your injuries. Our goal is to maximize your settlement while protecting your rights and interests.

Litigation Representation

If a fair settlement cannot be reached through negotiation, we’re prepared to advocate for you in court. Our experienced trial attorneys will zealously represent your case and fight for the compensation you deserve.

Compassionate Support

We understand the physical, emotional, and financial challenges you may be facing after a premises liability injury. Our team provides compassionate support and guidance every step of the way, ensuring you feel heard, valued, and empowered throughout the legal process.

No Upfront Fees

At Greenberg Law, P.C., we operate on a contingency fee basis, meaning you won’t pay any upfront fees for our legal services. We only get paid if we secure a favorable outcome for your case, allowing you to pursue justice without financial risk.

Personalized Attention

Your case is our priority. We provide personalized attention and direct communication, keeping you informed about your case’s progress and addressing any concerns or questions you may have along the way.

Results-Oriented Approach

Our ultimate goal is to achieve the best possible outcome for your premises liability case. Whether through settlement negotiations or courtroom advocacy, we’re dedicated to securing the compensation and justice you deserve.

How Do Premises Liability Cases in New York Work?

Premises liability cases in New York work under the principle that property owners (and sometimes lessees) have a duty to keep their property reasonably safe for those who enter it, whether they’re invitees, licensees, or even, under certain circumstances, trespassers. Here’s an overview of how these cases typically unfold:

Establishing Duty of Care

The first step is establishing the duty of care the property owner owes to the injured party. This duty varies depending on the legal status of the visitor:

• Invitees are owed the highest duty of care. These are individuals invited onto the property for the owner’s benefit, like customers in a store.
• Licensees enter the property for their own purposes with the owner’s permission, such as social guests.
• Trespassers are owed the least duty of care, but owners cannot willfully harm them and must warn of known, dangerous conditions if the
• presence of trespassers is anticipated.

Demonstrating Negligence

The core of a premises liability case is proving negligence. The plaintiff must show that the property owner knew or should have known about a hazardous condition and failed to take reasonable steps to mitigate the risk. This could involve failing to repair a broken staircase, not cleaning up a spill in a timely manner, or not providing adequate security measures.

Proving Causation

It’s not enough to prove that the property was dangerous; the plaintiff must also demonstrate that this condition directly caused their injuries. This means linking the hazard on the property directly to the harm suffered.

Calculating Damages

Damages in a premises liability case can include medical expenses, lost wages, pain and suffering, and more. The extent of the damages will depend on the injuries’ severity and impact on the plaintiff’s life.

Negotiating with Insurance Companies

Often, premises liability cases are settled out of court through negotiations with the property owner’s insurance company. A skilled attorney can negotiate to ensure the settlement offer adequately covers the damages.

Going to Trial

The case may go to trial if a fair settlement cannot be reached. Both sides present evidence and arguments at trial, and a judge or jury decides on liability and damages.

Comparative Negligence in New York

New York follows a “pure comparative negligence” rule, meaning that if the injured party is found partly at fault for their injuries, their compensation can be reduced by their percentage of fault. For instance, if a plaintiff is found to be 30% responsible for their accident, their awarded damages will be reduced by 30%.

Navigating a premises liability case in New York requires a deep understanding of state laws, the ability to gather and analyze evidence effectively, and the skills to negotiate or litigate as needed. For these reasons, individuals pursuing a premises liability claim often benefit from the representation of a knowledgeable attorney who can guide them through the process and advocate on their behalf for the best possible outcome.

What Are Common Damages From Premises Liability Cases?

Common damages from premises liability cases reflect how an injury can impact a victim’s life, encompassing both tangible and intangible losses. These damages are categorized into economic, non-economic, and sometimes punitive, each addressing different aspects of the harm suffered. Here’s a breakdown:

Economic Damages

These are quantifiable financial losses directly resulting from the injury.

• Medical Expenses: Costs for emergency treatment, hospital stays, surgeries, medications, physical therapy, and any future medical care related to the injury.
• Lost Wages: Income lost due to time off work for recovery. This includes missed paychecks, lost bonuses, and other benefits.
• Loss of Earning Capacity: If the injury affects the victim’s ability to earn income in the future, compensation can cover this long-term financial impact.
• Rehabilitation Costs: Physical and occupational therapy expenses needed to regain as much functionality as possible.
• Property Damage: If personal property was damaged due to the incident, such as a broken watch during a fall, the repair or replacement costs can be recovered.

Non-Economic Damages

These address the non-financial impacts of an injury, which are not as easily quantifiable.

• Pain and Suffering: Compensation for the physical pain and discomfort endured immediately after the incident and into the future.
• Emotional Distress: For psychological impacts, including anxiety, depression, PTSD, and loss of enjoyment of life resulting from the injury.
• Loss of Consortium: Damages awarded for the impact on the victim’s relationship with their spouse or family, covering loss of companionship, affection, and support.

Punitive Damages

Though less common in premises liability cases, punitive damages may be awarded for gross negligence or intentional harm. These are not meant to compensate the victim but rather to punish the defendant for their actions and deter similar conduct in the future.

What To Do If You Have Been Injured on Someone Else’s Property

If you’ve been injured on someone else’s property, taking the right steps immediately after the incident can significantly impact your health and any future legal claims you may decide to pursue. Here’s what you should do:

1. Seek Medical Attention

Prioritize your health. Even if injuries seem minor, some may not be immediately apparent. Medical records will also be crucial evidence if you pursue a legal claim.

2. Document the Incident

Take photos or videos of the scene where the injury occurred, focusing on hazards or conditions that contributed to the incident. Also, document your injuries and any other relevant details.

3. Report the Incident

Notify the property owner, manager, or responsible authority about the incident immediately. Request a written report of the incident and obtain a copy for your records.

4. Collect Witness Information

Gather their names and contact information if there were any witnesses to the incident. Witness statements can bolster your case by corroborating your account of the event.

5. Keep a Detailed Record

Start a journal or log detailing the incident, your injuries, medical treatments, and how the injury affects your daily life and work. Include dates and specifics to ensure accuracy.

6. Preserve Evidence

Keep any physical evidence related to the incident, such as torn clothing or personal items damaged during the fall. Also, retain all medical records and receipts related to your injury and treatment.

7. Avoid Discussing the Incident

Limit discussions about the incident, especially with insurance companies or representatives from the property owner’s side, until you have spoken with a lawyer. Do not post details or your experience on social media.

8. Contact a Personal Injury Lawyer

Consult with a personal injury lawyer experienced in premises liability cases. They can provide valuable guidance on your legal rights and options and help you navigate seeking compensation.

9. Follow Through with Treatment

Adhere to all treatment plans and follow-up appointments recommended by your healthcare providers. Ongoing medical records are vital evidence of the extent and impact of your injuries.

10. Avoid Quick Settlement Offers

Be cautious of early settlement offers from insurance companies. Such offers are often less than what you may be entitled to. Discuss any offers with your lawyer before accepting.

Taking these steps can help protect your rights and provide the best foundation for recovering compensation for your injuries. An experienced personal injury lawyer can evaluate your case, advise you on the best course of action, and represent your interests throughout the legal process.

Why Choose Greenberg Law, P.C.

Choosing Greenberg Law, P.C. for your legal representation in New York City offers distinct advantages when facing the challenges of recovering from an injury and seeking justice. Here’s why partnering with our firm can make a significant difference in the outcome of your case:

• Comprehensive Legal Experience: Our team offers extensive knowledge of personal injury law, ensuring a well-rounded approach to your case.
• Client-Focused Approach: We prioritize your needs, tailoring our strategies to align with your goals and circumstances.
• Proven Track Record: With a history of successful outcomes, we have the skills and experience to secure favorable settlements and verdicts.
• Diligent Case Preparation: We conduct thorough investigations and gather compelling evidence to strengthen your case.
• Strong Negotiation Skills: Our attorneys are adept at negotiating with insurance companies and opposing counsel to secure fair compensation.
• Direct Access to Attorneys: You’ll communicate directly with the attorneys handling your case, ensuring transparency and clarity.
• No Upfront Costs: Our services are provided on a contingency fee basis, meaning you only pay if we win your case.
• Compassionate Legal Support: We understand your challenges and provide compassionate support alongside legal representation.

Contact Us for Experienced Legal Representation

Ready to pursue your personal injury claim with confidence? Reach out to Greenberg Law, P.C. today. Our experienced attorneys are here to guide you through the legal process and fight for the compensation you deserve. Don’t delay—contact us now for a free consultation.

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NYC Premises Liability Lawyer FAQs

1. What is premises liability?

Premises liability refers to the legal responsibility of property owners to maintain safe conditions on their premises. If someone is injured due to hazardous conditions on the property, the owner may be held liable for damages.

2. What types of accidents fall under premises liability?

Premises liability accidents can include slip and falls, trip and falls, injuries due to inadequate security, elevator and escalator accidents, dog bites, swimming pool accidents, and more.

3. How do I prove premises liability?

To establish premises liability, you must demonstrate that the property owner knew or should have known about the hazardous condition and failed to address it. You must also show that the condition directly caused your injuries.

4. What should I do if I’m injured on someone else’s property?

Seek medical attention immediately, report the incident to the property owner or manager, document the scene and your injuries, collect witness information, and consult with a premises liability lawyer.

5. How long do I have to file a premises liability claim in New York City?

In New York, the statute of limitations for premises liability cases is typically three years from the date of the injury, but there are exceptions. It’s crucial to consult with a lawyer promptly to ensure you meet all deadlines.

6. How much compensation can I receive for a premises liability case?

The amount of compensation you can receive depends on various factors, including the extent of your injuries, medical expenses, lost wages, pain and suffering, and more. An experienced lawyer can help assess your case’s value.

7. Do I need a lawyer for a premises liability case?

While you’re not legally required to hire a lawyer, having legal representation can greatly increase your chances of securing fair compensation. A lawyer can navigate the legal process, gather evidence, negotiate with insurance companies, and represent your interests in court if necessary.

If you have further questions or need assistance with a premises liability case in New York City, don’t hesitate to reach out to Greenberg Law, P.C. for experienced legal guidance. Schedule a free consultation today.