If you were injured on someone else’s property in NYC, you may have the right to financial compensation. Property owners have a legal duty to keep their premises safe. When they fail, they have a responsibility to pay for the injured person’s expenses, including medical bills and lost wages.
The skilled personal injury lawyers at Rosenbaum & Rosenbaum, P.C. are here to help. With over 40 years of experience, we provide respected, quality legal advice you can trust.
Don’t wait to call our law office if you’ve been hurt. Schedule a free consultation with an experienced NYC premises liability lawyer today. We represent clients across NYC and Staten Island.
How an NYC Premises Liability Lawyer Will Help With Your Case
For most accident victims, hiring a lawyer is the last thing on their minds. You just want to move on with your life and not waste time in court. Insurance companies and defense lawyers know this, and use it to their advantage.
While some personal injury cases wind up in court, most are settled before court becomes necessary. Holding a careless or reckless property owner financially responsible for your injuries means negotiating with insurance companies. Those communications can be just as stressful as preparing your own case for court.
Insurance companies deal with accident and injury claims every day. They know exactly what to say to convince you to settle for less than you deserve. Our NYC premises liability attorneys know how to fight back.
Here are some reasons a lawyer can be especially valuable in a premises liability case:
- Property owners usually fix any dangerous conditions on the property as soon as there’s an accident
- It can be difficult to find the evidence needed to show that something hazardous did, in fact, cause your accident
- Insurance companies often try to blame accident victims for their own injuries. In a premises liability case, this can be as simple as claiming you should have paid more attention
- You might not know who is responsible for your injuries. An experienced law firm will conduct a thorough investigation to find out.
- If you’re seriously hurt, you might need help filing your claim within the applicable time limits
At Rosenbaum & Rosenbaum, P.C., our experienced NYC personal injury attorneys are here to help with all of these complications and more.
We know you have options. Our lawyers will make sure you are fully informed so that you get the best possible results. Give us a call today to learn more about our law firm.
What is Premises Liability?
Premises liability is an area of law that holds negligent property owners responsible when others are hurt on their property. It makes sense, because if you aren’t at home, you have no way of knowing whether some type of danger exists on the property.
Every property owner has a legal duty to keep their property reasonably safe for invited guests and visitors. They also have a duty to warn of any known dangers on the property.
Of course, there are certain legal elements that have to be shown to get damages for your injuries. You must establish:
- The property owner’s duty of care
- Breach of that duty
- Causation, meaning that the owner’s actions or omissions caused the accident
- Damages (you suffered some type of injury or harm)
Sounds simple, right? Not always. A property owner’s duty of care can vary depending upon why you were on the property. Business owners are held to a higher standard because you’re there so that they can make a profit. Here is a summary of the rules:
A business invitee is someone invited onto the property for business purposes–whether you were specifically invited or it’s a business that is open to the public. Business owners have a duty to:
- Keep the property reasonably safe
- Fix any hazards
- Warn of dangerous conditions
- Inspect the property to identify any hidden dangers (and fix or post warnings about those hazards)
Business owners are responsible for dangerous conditions that they knew about. They’re also responsible if they reasonably should have known about the danger.
A licensee is someone invited onto the property for social reasons. If you slipped and fell at a friend’s party, their homeowner’s insurance policy would cover your damages. Private homeowners do have a duty to keep the property safe and fix any dangers that they know about (or reasonably should know about). They don’t have a duty to inspect their property for hidden dangers.
Property owners do not have a duty to keep their property safe for trespassers. There is no duty to even warn a trespasser about dangers. Property owners only have a duty to avoid intentionally and unreasonably hurting the trespasser.
Children and the Attractive Nuisance Doctrine
Special rules apply when a child trespasses on someone else’s property. A legal doctrine called “attractive nuisance” may apply. Property owners have a duty to keep their property free of attractive nuisances.
For example, if the child is trespassing because something like a swimming pool attracts them onto the property, the property owner can be held liable if the child is hurt.
Who Can be Held Responsible Under New York Premises Liability Law?
Premises liability law applies to all property owners. That includes:
- Private property owners
- Business owners
- Government entities responsible for maintaining parks and public spaces
- Transit companies responsible for maintaining sidewalks, subway stations and more
As noted, the one key exception involves trespassers. You must generally be on the property legally in order to hold a negligent property owner responsible for an accident.
We Handle All Types of Premises Liability Cases
You can fall and hurt yourself anywhere. A simple trip to the grocery store can leave you with shockingly serious injuries. That’s why New York City law requires property owners to take reasonable steps to keep you safe.
At Rosenbaum & Rosenbaum, P.C., we handle premises liability cases involving:
- Slip and fall accidents
- Trip and fall accidents
- Negligent security
- Negligent hotel security
- Elevator accidents
- Fire accidents
- Accidents at school or daycare
- Cases involving lead paint
- Grocery store slip and falls
- Slip and fall accidents caused by ice and snow
- Trip and fall accidents in restaurants and bars
- Subway slip and fall accidents
- Construction site accidents
- Amusement park accidents
- Swimming pool accidents
Anytime you’re injured on someone else’s property, you may have the right to financial compensation. Call our NYC personal injury lawyers today to learn more.
Never Underestimate the Severity of an Injury
A simple slip and fall accident can produce surprisingly severe injuries. It’s important that you don’t underestimate how a simple injury might impact your life.
At Rosenbaum & Rosenbaum, P.C., our NYC accident lawyers can help get the full amount of compensation you deserve. Premise liability cases often involve injuries such as:
- Traumatic brain injuries and concussions
- Spinal cord injuries, including disc injuries
- Neck and back injuries
- Eye injuries
- Soft tissue injuries
- Broken bones
- Injuries to the hips, knees, shoulders, ankles and wrists
- Burn injuries
- Wrongful death
Even if you aren’t sure how long it will take to recover, it’s never too soon to start protecting your legal rights. The property owner might quickly fix the dangerous condition that caused your accident. This can make it much more difficult to prove their negligence.
Time is Limited to File a Claim
Time is always limited to file a personal injury lawsuit in New York. The statute of limitations for personal injury lawsuits is three years. If the city or a public authority, like the MTA, is responsible, you have only 90 days to file a notice of claim.
Our lawyers are always available to help–and the sooner we get to work, the better our chances of successfully getting fair compensation for you.
New York Shared Responsibility Laws
New York shared responsibility laws often come into play in premises liability cases. Assume you slipped on a puddle at the grocery store. The store owner might claim that you should have seen the puddle and moved around it. You might even think that sounds reasonable.
Even if you were partly to blame, you may still have the right to compensation. Maybe a manager told a store employee to clean the puddle hours ago and they failed to do so. Maybe the store was understaffed and nobody had inspected the aisles for days.
Under New York law, your compensation award can be reduced if you could have avoided the accident. If the property owner’s negligence caused the accident even partially, however, they have a financial obligation to pay their share of the damages.
How Much Money is My Premises Liability Case Worth?
Our NYC trial lawyers work tirelessly to get the money you need to put your injuries in the past. We have a proven track record of successfully winning fair verdicts and settlements for our clients. Our team has already won millions of dollars for our injured clients. We are ready to fight for you.
Your claim for damages may include:
- Medical expenses
- Future medical treatment costs
- Lost wages
- Loss of your earning capacity
- Physical therapy costs
- Property damage
- Pain and suffering
- Loss of enjoyment of life
- Emotional distress
- Damages for wrongful death
Our personal injury lawyers are here to do everything we can to get the fair compensation you need. Call our law firm today to talk about your case.
Call an Experienced New York City Premises Liability Lawyer Today
Proving liability in a premises liability case isn’t always easy. That doesn’t mean it can’t be done. We use our experience and legal knowledge to your advantage–and take care of the details while you recover.
If you were hurt on someone else’s property, call a NYC premises liability lawyer at Rosenbaum & Rosenbaum, P.C for a free consultation today.