Why You Need a Premises Liability Lawyer in Manhattan
New York premises liability laws are complicated. Sorting through the legal jargon and insurance claim process can feel incredibly daunting when recovery demands most of your energy and time. Luckily, a property injury attorney can ease the burden.
At HKD, we will listen to your story and answer your questions. That way, you can feel empowered in your premises liability case. With our experience in premises liability cases, we can leverage our deep understanding of New York City Building Codes, New York City Administrative Codes, and other relevant laws to help you fight for the desired outcome.
We’ve helped our clients recover over $500 million for their injuries. Let us help you.
Types of Premises Liability Cases in Manhattan
Premises liability accidents are unfortunately very common in Manhattan. However, you can raise awareness and prevent future cases with swift legal action. HKD handles a range of premises liability cases, including:
- Slip and fall accidents
- Stairway accidents
- Escalator accidents
- Elevator accidents
- Negligent security
- Amusement park accidents
- Hotel/motel accidents
- Airport accidents
- Ceiling collapse
- Construction site accidents
- Burning and scalding injuries
- Public property accidents/municipal liability
- Lead poisoning
- Dog bites/other animal bites
If you suffered injuries from any of these accidents or another, reach out to the Manhattan premises liability attorneys at HKD as soon as possible. Together, we can force the negligent parties to make changes that protect visitors from harm.
Common Premises Liability Injuries
After an accident on someone else’s property in Manhattan, victims could be seriously hurt. We’re here to help when you or a loved one are recovering from:
- Broken bones
- Neck, shoulder, and back injuries
- Dental injuries
- Lacerations, scarring, and disfigurement
- Herniated or ruptured discs
- Soft tissue injuries
- Traumatic brain injuries
- Spinal cord injuries
- Complete or partial paralysis
- Nerve damage
- Amputation
- Crush injuries
- Internal organ damage
- Psychological trauma
Fatal Premises Liability Accidents
Sadly, many injuries due to negligent property owners can be fatal. But you might be entitled to compensation if you lost a relative in a premises liability accident. Reach out to the compassionate wrongful death attorneys at HKD to learn more about filing a wrongful death claim.
Public vs. Private Property Accidents
Where you were injured matters. You might initially have to file an administrative claim if you were hurt on public property. New York City’s Administrative Code requires you to file a notice with the agency you believe is responsible within a specific period. Your Manhattan personal injury attorney can help ensure you follow the proper steps promptly so you don’t miss out on fair compensation.
Filing a Manhattan Premises Liability Claim
Filing a personal injury claim involves a few crucial steps. HKD will work hard to prove the following elements of your claim:
- You were on the property legally
- The property owner owed you a duty of care
- There was a hazardous condition on the property
- The owner knew or reasonably should’ve known about the hazard
- The owner failed to protect you from or warn you about the hazard
- You suffered an injury
With our premises accident attorneys, you can trust your claim will be compelling and accurate, giving you a better chance at obtaining compensation.
First, We’ll Investigate Your Property Accident
Hecht, Kleeger & Damashek, Personal Injury Lawyers, P.C. will thoroughly investigate the causes behind your accident. Our team can determine if a property owner or manager was negligent and broke any laws. For example, we might discover an apartment complex owner failed to repair a broken lock, allowing an intruder to break in and harm you.
Evidence in a premises liability case may include the following:
- Photos of the accident scene and your injuries
- Security footage
- Police reports
- Medical records and bills
- Eyewitness statements
- Expert testimony
Our team will use this evidence to establish liability and help you pursue compensation against the negligent party or parties.
Next, We’ll Demand Fair Compensation
If you’re injured, you likely have a lot of medical expenses and other damages. These can add up and leave you worried about a lifetime of debt. HKD calculates the total compensation you are owed so you can focus on healing.
Our team can help you recover damages such as:
- Medical bills
- Lost income and benefits
- Pain and suffering
- Emotional distress
- Disfigurement
- Disability
- Reduced earning capacity
- Lower quality of life
Our years of experience have resulted in hundreds of millions of dollars for victims of slip and fall accidents, dog bites, swimming pool accidents, and many other premises liability claims. The HKD attorneys know what goes into a successful case.
We also know that you likely face enough financial stress already. That’s why we operate on a contingency fee basis. This means you don’t owe our lawyers anything upfront—our services are free unless we help you win compensation.
Then, We’ll Negotiate with Insurers
Often, filing a claim requires us to negotiate with insurance companies that will try to delay or deny your claim. We won’t let them take advantage of you. The HKD team has decades of experience advocating for clients and will stand up to wrongdoers using our fearless and aggressive tactics.
We’ll Represent You in Court if Necessary
Most premises liability cases are resolved through a negotiated settlement. Rarely, however, you may need to file a personal injury lawsuit to secure max compensation. Our Manhattan property liability attorneys have extensive trial experience and are ready to take your case to court if the insurance company won’t negotiate in good faith, offer full value for your claim, or refuses to accept accountability.
Premises Liability FAQs
What if I was trespassing at the time?
You might not be entitled to compensation if you were trespassing during your accident. A property owner’s responsibility is to keep lawful visitors and workers safe. When you weren’t allowed on the premises and got injured, that behavior can be used against you should you try to file a claim.
How long do I have to file a premises liability claim?
Under the New York statute of limitations, you must file a premises liability claim within three years from the date of your accident. This time window might seem like plenty, but many people are surprised by how quickly it passes when they must juggle evidence, liability, recovery, and other crucial steps.
What if the negligent party retaliates?
Often, a property owner or manager fights back against your claim. They won’t want to pay for your injuries. They might argue that they didn’t know about the hazard, you were a trespasser, you knew the risks coming onto the property, or the hazard was obvious enough that you could’ve avoided it.
Another defense they may use is comparative negligence, claiming you are partly at fault. New York has a pure comparative fault rule. If you were somewhat to blame for the accident, the insurer or court assigns you a percentage of liability. Your compensation is reduced by that percentage, no matter how high.
We highly recommend hiring a premises liability attorney to prepare for their defenses. HKD can help prove they are at fault. If the owner knew of the hazard on their property, it’s called actual notice. If they reasonably should’ve known about the danger, it’s called constructive notice.
Regardless of how they retaliate, you may still be able to recover compensation.
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