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Each year, hundreds of individuals are injured while in someone else’s home or at their place of business. Stairs, ice or snow, building defects, and intentional criminal acts of a third party are often the cause of such injuries.
In New York City, the responsibilities of property owners are extremely complex. Quite often, it is the responsibility of the property owner, or in some cases, the renters or tenants to maintain a safe environment. Properties need to be periodically inspected to ensure the area is free of dangerous conditions, and if the responsible party fails to do so, they open themselves up to costly liability.
If a person sustains an injury on a property that is unsafe, they may have the right to claim damages against the property owner.
An individual renting a property in New York City must be notified of dangerous substances. There are several materials on older properties that could be considered toxic, including asbestos siding, shingles, or tiles, and lead paint. There may even be non-building materials like cleaning supplies and discarded automotive fluids that may be considered harmful. If a person is renting or selling a property, they need to disclose these substances to any potential new owners or tenants. Failing to do so could result in a liability claim.
Additionally, tenants are legally entitled to reasonable safety within the property. This means that the locks and peepholes on the doors need to be installed correctly. Additionally, there should be adequate railings on stairs, fencing around pools, working smoke alarms, and adequate exterior lighting. Not having one or more of these could create unsafe conditions for tenants and others visiting the property.
While a landowner has a legal duty to protect an entrant on the land no matter if the person is a licensee, an invitee, or a trespasser, each type of person has a different level of protection. If you’ve been injured on another person’s property in New York City, understanding your legal rights can be complicated.
At Silbowitz, Garafola, Silbowitz, Schatz & Frederick, L.L.P., we have extensive experience helping clients with premises liability claims maximize the compensation they receive. Our firm works hard to represent victims and their families in cases involving premises liability in a variety of circumstances.
Our trial attorneys take on cases involving:
If you are ever injured on a property, you will need to prove that you were there lawfully. This could mean that the owner or a tenant invited you to the property as a guest or that you were hired to work on the property. However, in some cases, you can show that you were on the property unlawfully as a trespasser and the owner knew you to be as such. This is a unique circumstance considered a ‘trespasser known to owner’ where the owner is aware of the individual being on their property and has done nothing to have them lawfully removed.
An injured party filing a claim for premises liability will also need to prove the property owner or lessee caused the unsafe condition or defect or that they were or should have been aware that the condition or defect existed.
Additionally, a plaintiff will be required to prove that the condition was a major factor in causing the injury they sustained. The degree of responsibility is often considered in this type of case. The responsibility of the injured party, which is referred to as comparative negligence, could reduce the amount or even prevent an injured plaintiff from recovering any compensation for damages.
Something as small as a falling ceiling fan can cause massive injuries to an unsuspecting victim. These injuries can cause loss of wages, ongoing pain and suffering, and require years of medical attention involving surgeries and rehab.
Our team of experienced lawyers has handled cases across all five boroughs in New York City, and we’ve secured substantial compensation packages. Some notable results include:
When a person is injured and wants to file a premises liability claim in New York, a prompt and thorough investigation is mandatory. This often involves an immediate inspection of the property where the accident occurred. Photographs will be taken and interviews with any witnesses will be conducted quickly to prevent evidence from being lost or destroyed.
When you work with our firm, our New York City premises liability attorneys will begin an investigation to secure all the available evidence and answer questions regarding how long the unsafe condition existed, if anyone has had an accident in the same location or filed complaints about it, and whether the issue is a building code violation.
Furthermore, lost wages, the cost of care for injured plaintiffs, and other important financial information can be factored into determining the amount of damages to claim. It is crucial to accurately assess the long-term costs of the injuries to ensure medical bills are full covered.
Why Choose Us?
Experience You Can Trust
Hiring a personal injury lawyer can be a tough decision and, undoubtedly, one that will have a considerable impact on the outcome of your case. When you work with our firm, you will have our dedication and experience on your side.