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.
Claims for Premises Liabilities in New York
An individual renting a property in New York must be notified of dangerous substances. There are several materials on 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 railing 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 entrance 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, understanding your legal rights can be complicated.
At New York Lawyer, 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 including:
– Accidents occurring in either residential or commercial buildings
– Elevator accidents
– Rape, murder, or assault due to inadequate security measures
– Injuries resulting from defective buildings
– Sidewalk accidents
Our team of experience lawyers have handled cases across the state of New York from Rochester to New York City, and we’ve secured substantial compensation packages for our clients including:
- $4.2 million for improper security
- $7.3 million for premises accident
- $3.1 million settlement for a premises accident
- $7.9 million for an elevator accident
- $1.6 million verdict for improper hotel maintenance
- $2.1 million settlement for an elevator accident
- $1.5 million settlement for an elevator accident
- $1.5 million verdict for a premises accident
Something as small as a falling ceiling fan can cause massive injuries to individuals. These injuries can cause loss of wages, ongoing pain and suffering, and require years of medical attention involving surgeries and rehab.
Premises liability laws are in place to help the injured parties and ensure hosts provide a certain level of care. Injured parties often need to receive medical treatment and compensation can help cover these costs and the time needed for recovery.
What Does a Premise Liability Case Involve?
If you are ever injured on a property, you will need to prove that you were on the property 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 a 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.
New York Premise Liability Lawyer
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.
A lawyer like those at New York Lawyer 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.
Quite often, individuals are unaware of the legal rights they have when they suffer injuries on other people’s property. Premises liability can happen in various settings. Whether you are injured at a home, hospital, restaurant, or other location, you are entitled to compensation as a result of your injuries.
Our team of lawyers works aggressively to help clients and their families pursue compensation. If you or a loved one has suffered a premises liability injury due to another person’s negligence, call us today at (212) 354-6800 for a free case evaluation.