Accidents can happen anywhere, but you may be entitled to compensation when they occur on someone else's property due to negligence.
Premises liability cases arise when a property owner's negligence leads to injuries. In Manhattan, these cases are common and can involve complex legal issues.
At Davidoff Law, our Manhattan premises liability lawyer is dedicated to helping victims work through the legal system.
Understanding premises liability claims is vital for anyone injured on another's property. Our experienced premises liability attorneys are here to guide you through each step. We fight to hold negligent property owners accountable for their actions.
Let us help you secure the compensation you deserve for medical bills, lost wages, and pain and suffering.
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Our Manhattan Premises Liability Lawyer Holds Property Owners Responsible
Property owners in New York City have a legal duty to maintain safe premises. When they fail to do so, they put visitors at risk of injury. Our Manhattan premises liability attorney is committed to holding these negligent parties accountable. Our in-depth knowledge of New York premises liability law allows us to build compelling cases for our clients.
We handle a wide range of premises liability claims, from slip and fall incidents to injuries caused by faulty equipment.
Our team thoroughly investigates each incident to uncover evidence of the property owner's negligence. With our legal representation, you can focus on recovery while we fight for your rights. Trust our experience to guide you through this challenging time.
What Is Premises Liability?
Premises liability refers to the legal responsibility of property owners to ensure safe conditions. The owner may be held liable if someone is injured due to hazards.
New York premises liability laws, designed to protect injured individuals, require property owners to promptly maintain reasonably safe conditions and address known hazards.
Failure to do so can result in liability under state law. Awareness of these laws can help victims seek justice and compensation. Common premises liability cases involve slip and fall accidents, inadequate security, or hazardous conditions.
To succeed in a premises liability lawsuit, you must prove that the owner knew or should have known about the danger. Our NYC premises liability lawyer can help you overcome these onerous legal requirements.
What Is The Duty of Care Owed by Property Owners?
Under New York law, property owners owe a duty of care to everyone who legally enters their premises. This means they must take reasonable steps to maintain the property and fix any known hazards. They should provide adequate warnings to prevent injuries if a dangerous condition exists. Failing to follow this duty can result in responsibility for any accidents that occur.
The duty of care shifts depending on the visitor's status, such as invitee, licensee, or trespasser. Like customers in a store, invitees are owed the highest level of care.
Property owners are required to inspect their premises and address potential risks regularly. Our premises liability attorney can explain how these legal principles apply to your case.
Common Violations Leading to Accidents
Many accidents occur because property owners neglect their responsibilities. Below are common violations that often lead to premises liability injuries.
- Wet floors. Spills or recently cleaned floors can cause slip-and-fall accidents. Without proper signage, visitors may not be aware of the hazard.
- Poor lighting. Dimly lit areas make it hard to see obstacles or uneven surfaces. This can lead to trips, falls, and other injuries.
- Broken stairs. Damaged steps or missing handrails pose major risks. They can result in serious falls and injuries.
- Loose carpets or rugs. Unsecured flooring materials can cause people to trip. Property owners should ensure all floor coverings are safely attached.
- Debris or obstructions. Items left in walkways create hazards. Visitors may not notice these obstacles until it's too late.
- Inadequate security. Lack of adequate security measures can lead to assaults or thefts. Property owners should provide sufficient security in areas where crime is foreseeable.
- Faulty equipment. Defective elevators, escalators, or machinery can cause injuries. Regular maintenance is essential to prevent accidents.
These violations demonstrate negligence on the part of the property owner. If you've been injured due to any of these hazards, our liability attorneys can help you pursue a claim.
Types of Premises Liability Cases in Manhattan
Premises liability includes a wide range of accidents on someone else's property. Due to Manhattan's unique environment, certain incidents are more common. Below are some specific premises liability cases we handle.
Slip and Fall Accidents in Residential or Commercial Properties
Slip-and-fall accidents happen frequently in residential and commercial settings. Wet floors, uneven surfaces, or cluttered walkways can cause someone to lose their footing.
Property owners must promptly address these hazards in stores, restaurants, or apartment buildings. Failure to do so can make them liable for any injuries that result.
Injuries Due to Inadequate Security or Poor Lighting
Inadequate security can lead to assaults, robberies, or other violent crimes. Property owners have a duty to offer reasonable security measures, especially in high-crime areas.
Inadequate lighting in parking lots, stairwells, or hallways can contribute to these dangers. Victims of crimes on such properties may have grounds for a premises liability claim.
Dangerous Conditions Like Broken Stairs or Loose Railings
Structural defects like broken stairs or loose railings pose serious risks. These dangerous conditions can cause falls, resulting in catastrophic injuries. Property owners must regularly inspect and maintain structural elements to ensure safety; ignoring these issues is a clear breach of their duty of care.
Common Injuries in Premises Liability Cases
Injuries from premises liability accidents can range from minor to life-altering. Here are some common injuries victims may suffer.
- Broken bones. Falls or impacts can fracture bones. Recovery may require surgery and rehabilitation.
- Head injuries. Trauma to the head can cause concussions or traumatic brain injuries. These can have long-term cognitive effects.
- Spinal cord injuries. Trauma to the spine can lead to paralysis or chronic pain. Spinal cord injuries often require extensive medical care.
- Sprains and strains. Twisting or overextending joints can damage ligaments, limit mobility, and require physical therapy.
- Cuts and lacerations. Sharp objects or shattered glass can cause deep cuts. These wounds may lead to infections or scarring.
- Burns. Exposure to fire, chemicals, or hot surfaces can result in burns. Treatment may involve skin grafts and long-term care.
- Emotional trauma. Experiencing an accident can lead to anxiety or depression. Psychological issues are just as significant as physical ones.
These injuries could have a profound effect on your life. Seeking legal representation can help you recover compensation for your suffering.
What You Need To Do After an Injury on Someone Else's Property
Taking immediate action is crucial to protecting your rights. Follow these steps to ensure your claim is preserved.
- Seek medical attention. Get treated for your injuries promptly. Medical records will showcase the extent of your injuries.
- Report the incident. Tell the property owner or manager about the incident. Ensure they create an official report.
- Document the scene. Snap a few pictures of the hazard that caused your injury. Visual evidence can support your claim.
- Collect witness information. Gather contact details from all those who saw the accident. Witness statements can strengthen your case.
- Keep records. Save all medical bills and related expenses. This will help calculate your damages.
- Avoid making statements. Do not apologize or discuss details with the property owner's insurance company. Anything you say can be used against you.
- Consult a premises liability lawyer. Seek legal advice to know your options. An attorney can walk you through the claims process.
Sticking to these steps can significantly influence the success of your premises liability claim. Our NYC premises liability lawyer is ready to assist you.
How Liability Is Assigned in Premises Liability Cases
Establishing liability in a premises liability lawsuit involves proving the property owner's negligence. This requires demonstrating that the owner failed in their duty of care. Below are key factors considered in determining liability.
Proving Negligence by the Property Owner
To demonstrate negligence, you must indicate that the property owner knew or should have known about the dangerous condition. They must have failed to repair it or provide adequate warnings.
Evidence like maintenance records or prior complaints can support this. Our premises liability attorney can help gather the necessary proof.
Role of Warning Signs and Maintenance Records
Warning signs alert visitors to potential dangers. If a property owner provides clear warnings, they may reduce their liability. Maintenance records can show whether regular inspections were conducted. Lack of maintenance indicates negligence in keeping the property safe.
Comparative Negligence in New York Premises Liability Law
New York follows a comparative negligence rule under N.Y. C.P.L.R. § 1411. Your compensation may be reduced if you are partially at fault for your injury.
For example, if you were 20% responsible, your damages award would be decreased by 20%. Our attorneys work to minimize any assigned fault to maximize your recovery.
How a Manhattan Premises Liability Lawyer Helps You
An experienced premises liability lawyer can be essential to your case's success. Here are ways our legal team can assist you.
- Case evaluation. We assess the details of your accident. This is critical for determining the viability of your claim.
- Evidence gathering. Our team collects the required documentation, including photos, witness statements, and maintenance records.
- Negotiating with insurance companies. We handle communications with insurers. We aim to recover a fair settlement for your losses.
- Legal representation. If needed, we represent you in court. We advocate fiercely to protect your rights.
- Calculating damages. We help quantify your medical expenses, lost wages, and pain and suffering to ensure you seek appropriate compensation.
You can focus on healing with our support while we handle the legal complexities. Let our New York premises liability lawyers fight for you.
FAQs
What is premises liability?
Premises liability refers to the legal responsibility of property owners to maintain safe conditions for visitors. The property owner may be held liable if a person is injured due to unsafe conditions.
What types of accidents fall under premises liability?
Common accidents include slips and falls, injuries from defective stairs or railings, and harm caused by inadequate security or poor lighting.
How long do I have to file a premises liability claim in Manhattan?
In New York, the statute of limitations for personal injury claims, including premises liability, is typically three years from the date of the injury.
Contact Our Manhattan Premises Liability Lawyer for a Free Case Consultation
Don't go through the legal process alone if you've suffered a premises liability injury. Our NYC premises liability lawyer is here to provide the guidance you need. At Davidoff Law, we offer personalized legal representation to help you recover. We leave no stone unturned on behalf of our clients.
Contact our New York premises liability attorney today for a free case consultation to discuss your premises liability claim.
