Premises liability cases in New York can be complicated, especially if you’re trying to recover while seeking a personal injury claim.
If you’ve been injured on someone else’s property, you might think that getting compensation is straightforward. But many hurdles can make winning your case challenging. Learn more about these accidents and how a premises liability lawyer in New York can help you.
Understanding Premises Liability in New York
Premises liability is a legal concept that applies when someone is injured on someone else’s property. This could be a slip-and-fall in a grocery store, an injury from faulty stairs, or even an accident caused by poor lighting.
The key idea is that property owners have a responsibility, called a “duty of care,” to keep their property safe for visitors. Duty of care is one of the elements of a premises liability case.
What is the Duty of Care in a Premises Liability Case?
In New York, if a property owner fails in this duty and you get hurt as a result, you may have the right to file a premises liability claim.
But proving that the property owner was negligent—meaning they didn’t take the necessary steps to keep their property safe—can be tough.
What Makes Winning Premises Liability Cases Difficult?
Identifying the Responsible Parties in Your Case
One of the first challenges in a premises liability case is figuring out who is responsible for your injury. It’s not always as simple as blaming the property owner.
Sometimes, the person responsible might be a tenant, a property management company, or even a third-party contractor who was working on the property.
For example, if you’re injured in a store, the owner might not be the only one responsible. The store where you were hurt, the company that cleans the floors, or even the maintenance crew could all share some of the blame.
Identifying all the responsible parties is crucial because if you leave someone out, you might not get all the compensation you deserve.
Proving that People Were Negligent
Negligence is a legal term that means someone didn’t do what they were supposed to do.
In a premises liability case, you have to prove that the property owner was negligent. This means showing that the owner knew, or should have known, about the dangerous condition that caused your injury but didn’t fix it.
For instance, if you slipped on a wet floor in a supermarket, you would need to show that the store employees either knew about the spill and didn’t clean it up or that the spill had been there long enough that they should have known about it.
Proving negligence often requires gathering a lot of evidence, like witness statements or surveillance footage.
Getting the Right Evidence to Prove Your Side of a Claim
Evidence is key in any legal case, and premises liability cases are no different. The challenge is that much of the evidence you need can disappear quickly.
For example, a store might clean up a spill or fix a broken step soon after an accident, making it harder to prove that the hazard existed.
That’s why it’s important to gather evidence as soon as possible after your injury. Take photos of the scene, get contact information from any witnesses, and, if possible, secure a copy of any surveillance footage. The quicker you act, the stronger your case will be.
Legal Hurdles in Premises Liability Cases
New York has some specific laws that can make premises liability cases difficult. One of these is the statute of limitations, which is the deadline by which you must file your lawsuit.
In New York, you generally have three years from the date of your injury to file a claim, but there are exceptions, especially if the property is owned by the government.
Your “Legal Status” Could Affect Your Claim
Your legal status when you were injured—whether you were an invitee, licensee, or trespasser—also plays a big role in your case.
An invitee is someone who was invited onto the property, like a customer in a store. A licensee is someone who is allowed to be on the property, like a social guest. A trespasser is someone who is on the property without permission.
Invitees and licensees have more legal protection than trespassers. If you were a trespasser, it can be much harder to win a premises liability case because the property owner’s duty of care to you is lower.
However, there are exceptions, especially if the property owner knew people were likely to trespass, like in the case of an attractive nuisance (a legal term for something on the property that is likely to attract children, like a swimming pool).
Can You Use Expert Testimony in your Premises Liability Case?
Sometimes, you need experts to testify in your case to help prove that the property owner was negligent. These experts might be engineers who can explain how a building code violation caused your injury, or doctors who can testify about the severity of your injuries.
Getting the right expert can be difficult and expensive, but it’s often necessary to win your case. A good lawyer can help you find the right experts and make sure their testimony supports your case.
Negotiating With Insurance Companies After Your Accident
Insurance companies often try to pay as little as possible on claims. They might offer you a low settlement quickly, hoping you’ll take it and go away. But these quick settlements are usually much less than what you deserve.
It’s important to be cautious when dealing with insurance companies. Don’t agree to anything or sign any papers without talking to a lawyer first.
A lawyer can help you negotiate a fair settlement or take your case to court if the insurance company won’t cooperate.
Why You Should Work with an Experienced Attorney from Hecht, Kleeger & Damashek
Premises liability cases are complex, and winning them can be difficult. That’s why it’s crucial to work with an experienced attorney who understands the ins and outs of New York law. The premises liability attorneys at Hecht, Kleeger & Damashek have a proven track record of helping clients win their premises liability cases.
Our team knows how to identify the responsible parties, gather the necessary evidence, and build a strong case to prove negligence. We also have experience dealing with insurance companies and can help you get the compensation you deserve.
If you’ve been injured on someone else’s property, don’t try to handle the case on your own. Contact Hecht, Kleeger & Damashek today for a free consultation. We’ll fight to protect your rights and help you get the justice you deserve.
Contact a New York Premises Liability Lawyer Now
Winning a premises liability case in New York isn’t easy. There are many challenges, from identifying the responsible parties to proving negligence and dealing with insurance companies. But with the right legal team on your side, you can overcome these hurdles and get the compensation you need to move forward.
The lawyers at Hecht, Kleeger & Damashek are ready to hear your case and help you get the settlement you’re owed. We offer free initial consultations, and you won’t pay unless you are awarded a settlement.
Call 212-490-5700 or fill out our online form today. We want you to get the justice you deserve. Don’t wait.