Premises Liability Attorney in New York

Putting Client Needs First with New York Premises Liability

Injured while on someone else’s property? Regardless of how minor or severe your injuries are, you may be eligible to seek compensation if the property owner is found negligent. Our New York premises liability lawyers at The Paris Law Group, PC always put our clients first, and we’re passionate about giving the injured a cushion to make the recovery process as painless as possible.

From the moment you contact us, we move quickly to investigate the scene, secure evidence, and handle insurers so you can focus on healing. Our New York City team understands how local property codes, lease agreements, and safety standards factor into liability, and we pursue compensation for medical bills, lost income, and the long-term impact of your injuries from hazards like slick floors, broken steps, poor lighting, or inadequate security.

Call us now at (888) 365-4940 or send us a message for a free consultation with our premises liability attorney in New York.

What Is Premises Liability in New York?

If you were assaulted in a poorly lit parking lot, tripped on unevenly constructed stairs, or you were bitten by someone else’s pit bull, you may have a premises liability claim.

Personal injury law in New York protects the rights of individuals who are injured on another person’s property. This area of law is known as premises liability law. Property owners in New York are required to take adequate measures to ensure their property is safe.

Premises liability extends beyond simple accidents. It encapsulates a wide range of potential hazards that property owners must address, including structural integrity, adequate lighting, and security measures to prevent criminal acts. Understanding the nuances of these responsibilities can greatly impact the viability and strength of a legal claim. Our firm emphasizes the importance of evaluating each element, from maintenance logs to incident reports, to build a robust argument for our clients.

Property Owners That Fail to Maintain Safe Premises in New York

Many property owners, unfortunately, are unaware of their responsibilities under the law. In fact, some owners may try to deny that they are liable and may tell you that you have no rights after a serious injury. This is not true. You may have a claim, and you must speak with an experienced personal injury lawyer to ensure you secure full and fair compensation after an accident on someone else’s property.

Property owners are obligated to conduct regular inspections and promptly address any potential hazards. This duty of care is especially relevant in environments with high foot traffic, such as shopping centers or public events. Failure to adhere to these responsibilities can lead to serious injuries, which can be prevented with due diligence. Our team is committed to holding negligent property owners accountable, ensuring that they fulfill their legal obligations to maintain a safe environment for all visitors.

Making a Claim with a Premises Liability Lawyer in New York

There’s a basic list of items you will need to address to hold the premises owner liable for your damages. Our team is prepared to gather as much evidence as we can to build a strong case for you.

Items to consider include:

• Proving that the premises posed some kind of risk of harm
• Proving that the property owner’s negligence directly caused your injury
• Proving that the property owner was aware of the situation

We have over a decade of experience in recovering damages for our clients and know what information to look for in strengthening your claim.

The process of making a claim requires meticulous attention to detail. It’s crucial to document every aspect of the incident immediately, including photographs, witness statements, and any communication with the property owner. Additionally, maintaining detailed records of your medical evaluations and treatments is vital. Our firm advises clients to also keep a personal diary of how the injury affects their daily life, as this can be pivotal in demonstrating the impact of the injury on your quality of life.

Being aware of common insurance tactics to minimize payouts is also important. This knowledge empowers you to navigate negotiations effectively, and our attorneys will stand by to counter such tactics rigorously.

Types of Premises Liability Accidents in New York

There are many ways to become a victim of a premises liability accident.

Common examples include:

After you’ve been injured and have sought medical care, our lawyers can investigate your injury to determine its cause. If we believe your injury occurred at the hands of a negligent property owner, we will strive to win the compensation you’re owed.

Each type of premises liability accident carries its own set of challenges and necessary evidence for building a strong claim. For instance, slip and fall cases often rely heavily on surveillance footage or eyewitness testimonies to establish the conditions leading to the fall. With animal attacks, demonstrating a history of aggressive behavior from the pet can significantly bolster your position and may require testimonials and past records of complaints. Each of these areas requires specific legal strategies that we tailor to effectively address and navigate the unique hurdles present in every claim.

Understanding New York Premises Liability Laws with a Qualified Attorney

New York premises liability laws require property owners to either fix known hazards or to provide adequate warning of dangers on the property that they know about or should have known about. The level of care required of a property owner depends on the status of the visitor, whether they are an invitee, licensee, or trespasser. Invitees, such as customers in a store, are owed the highest duty of care. Licensees, such as social guests, are also owed protection from known hazards. Trespassers are generally owed very limited protection, although there are exceptions, particularly when it comes to children.

Understanding these nuances can help determine the validity of a claim and the potential for recovery. Our team ensures that we leverage these legal frameworks to safeguard our clients' rights. We also stay updated on any changes in laws and legal precedents that might impact our approach to premises liability claims in New York.

Premises Liability & Commercial Properties in New York

For commercial properties, premises liability is a critical concern that influences various business operations. These properties often receive hundreds, if not thousands, of visitors daily, increasing the likelihood of accidents. Typical sites include malls, restaurants, and office buildings. Owners of these properties are required to adhere to strict safety standards, addressing potential hazards immediately to prevent accidents. Regular safety audits, employee training, and prompt maintenance are not just necessary for compliance but are instrumental in mitigating liability risks.

Incidents occurring in commercial spaces often require a swift response both for legal reasons and to maintain public reputation. Our firm advises businesses on effective risk management strategies that can help in preventing accidents and, in the event an accident occurs, provide comprehensive representation to protect their interests.

Common Injuries in Premises Liability Cases

Premises liability accidents can cause significant damage that remains with victims for years and sometimes, their lives. If you have to suffer from your injuries, we want to help you recover some of your damages to make the healing process a little easier.

Common injuries that can occur from a premises liability accident include:

You’re already injured and shouldn’t have to suffer through your claim alone. Our New York premises liability lawyers can stick by your side and be your voice during this challenging time in your life. The quicker we get on your case, the sooner you can get back to normal.

Inevitably, the scope and type of injury often dictate the course of medical treatment, rehabilitation, and potential long-term effects. For example, traumatic head injuries may not only require immediate surgical intervention but can also necessitate years of physical therapy and mental health treatment. Similarly, spinal cord injuries could result in permanent mobility issues, greatly affecting personal and professional life. Understanding the medical intricacies and potential life-changing impacts of these injuries is crucial in formulating a compensation strategy that addresses both current and future needs, ensuring comprehensive support for victims.

Frequently Asked Questions

What Should I Do Immediately After an Accident on Someone Else’s Property in New York?

Immediately following an accident on someone else’s property, your health and safety should be your primary concern. Seek necessary medical attention right away—even if injuries appear minor initially, as some conditions can worsen over time. After addressing immediate medical needs, document the scene by taking photos or videos that capture the conditions and any hazards present. Collect contact information from any witnesses who can corroborate your account of the accident. It’s also important to report the incident to the property owner or manager, requesting an official incident report when applicable. Engaging with a premises liability attorney promptly can ensure that your rights are protected and that you can navigate the complexities of making a compensation claim effectively.

How Long Do I Have to File a Premises Liability Claim in New York?

In New York, the statute of limitations for filing a premises liability claim is typically three years from the date of the injury. However, if the claim involves a government entity, the time frame is significantly shorter, often requiring a notice of claim to be filed within 90 days of the incident. Due to these strict deadlines, it is crucial to seek legal counsel as soon as possible to ensure all procedural requirements are met. Delays could jeopardize your ability to receive compensation, so timely action is imperative in preserving the integrity of your claim and ensuring it is filed within the appropriate time frames.

How Is Compensation Determined in a Premises Liability Claim in New York?

Compensation in premises liability claims is determined based on several factors. Key considerations include the nature and severity of the injuries sustained, medical expenses incurred, the impact of the injuries on future earning capacity, and pain and suffering endured as a result. Each of these factors is carefully analyzed to calculate an appropriate compensation package. Detailed medical records and professional testimonies often play a crucial role in establishing the extent of injuries and the required treatments. Our legal team works diligently to ensure that all aspects of a client’s injury are evaluated thoroughly to maximize potential compensation and address not just the immediate needs but also future implications.

What Types of Evidence Help Strengthen a Premises Liability Claim?

Strengthening a premises liability claim hinges on the thoroughness of the evidence collected. Critical pieces of evidence include photographs of the accident scene, which should capture any hazardous conditions that contributed to the injury. Witness statements can provide corroborative narratives that support the facts of the incident. Medical records that document the extent and nature of injuries are indispensable. If applicable, maintenance records or incident reports can illustrate any prior knowledge of hazards by the property owner. Lastly,professional evaluations can provide professional insights into how the condition led to the accident or contributed to the injuries. Collectively, these elements provide a compelling foundation for establishing property owner negligence and supporting your claim.

Are Businesses Liable for Criminal Acts Occurring on Their Property in New York?

Businesses in New York can be held liable for criminal acts occurring on their premises if it can be demonstrated that they failed to take reasonable security measures to protect visitors. The concept of “foreseeability” often plays a significant role in such claims. For instance, if a business is in an area known for high crime rates and fails to implement appropriate security measures—like lighting, surveillance, and security personnel—they may be found negligent. Each situation is assessed based on specific factors, including past incidents and the potential risk present. Our attorneys analyze all these conditions to effectively argue whether a business failed in its duty to provide a safe environment.