We Represent Injured Victims Throughout Queens & Across New York
Land owners, property managers, store owners, and homeowners have an obligation to maintain their premises in a reasonable safe condition. When accidents occur that could have been prevented through proper maintenance, those responsible should be held liable for their negligence.
If you slipped and fell due to unsafe property conditions, were bitten by an unrestrained dog, or were otherwise injured on someone else’s property due to the property owner’s negligence, reach out to Davidoff Law right away. Our experienced Queens premises liability attorneys can help you file a personal injury claim and seek fair compensation for your medical bills, lost wages, and other damages.
Proving a Premises Liability Case
To prove a premises liability case in New York, the plaintiff must show that the owner or property manager owed the plaintiff a duty of care. If you were legally on the property at the time of the accident or incident that left you injured, the property owner owed you a duty of care to provide a reasonably safe environment. If you were on the property unlawfully, or were trespassing, you will need to prove that your presence on the property was reasonably foreseeable; in other words, you will need to show that the property owner could have reasonably foreseen that trespassers would be on the property.
Once you have established that the property owner owed you a duty of care, you will then need to prove that he or she had actual or constructive notice of the defective conditions and failed to rectify it in a timely manner. An owner or property manager can also be held liable for causing or creating a defective condition.
Next, you will need to prove that you were injured as a result of the defective/dangerous condition. For example, if you slipped and fell in a restaurant, you will need to show that your fall happened because of a defective condition, such as a wet floor that wasn’t properly marked. You will also need to show that, because of the fall, you suffered specific injuries, such as a broken wrist and head injury.
Lastly, you will need to prove that you suffered measurable damages. Continuing with the previous example, damages could include the cost of transportation to the hospital after the accident, emergency room fees and other hospital costs, medical treatment and equipment (such as a cast), and ongoing rehabilitative care. Damages could also include lost income/wages if your injuries force you to take time off work, as well as non-economic losses, such as pain and suffering.
Examples of Defective/Dangerous Property Conditions
Defective and/or dangerous property conditions are any conditions which present a foreseeable hazard and which the property owner can and should take reasonable steps to fix, repair, or address.
Common premises liability claims in New York include the following:
- Slippery or wet floors
- Defective escalators/elevators
- Broken stairs
- Missing handrails
- Uneven or cracked sidewalks
- Accumulated snow and ice
- Dim lighting in a dark area
- Negligent security
- Unrestrained dogs/animals
- Unsafe swimming pools
- Fallen merchandise
- Cluttered walkways
Regardless of how your accident occurred, it’s likely that you are suffering serious injuries. These injuries may even affect your ability to live your regular, pre-injury life. Here at Davidoff Law, our Queens premises liability attorneys can help you take legal action against the liable property owner or manager. We understand the law, and we know how to navigate the complexities involved in these types of cases. Our attorneys have a proven track record of securing millions of dollars for injured individuals and their families in Queens and throughout New York.
Turn to Our Firm for Trusted Legal Guidance
Note that if your accident occurred on state, city, town, or village property, prior written notice may be required in order to pursue your claim. Our attorneys at Davidoff Law are well-versed in state and municipal law. We look at the specifics of your case and explore all possible strategies in our efforts to recover the maximum amount of compensation you deserve.