Injured parties may seek compensation if a property owner fails to address a known hazardous condition in a reasonable time. An experienced New York premises liability lawyer at HKD can help demonstrate that the owner was aware of the danger and didn’t take preventive measures. Your personal injury lawyer can also assess your total financial damages and pursue the maximum recovery possible – usually through an insurance settlement or court award.
Contact HKD as soon as possible to get started. There are never up-front costs and nothing unless you recover compensation. Call 212-490-5700 or contact us online to request a free consultation with a premises liability attorney.
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New York premises liability law requires property owners to keep their property safe from obvious and potential dangers. This means fixing hazards that could harm guests or visitors, and the premises liability applies to NYC landlords, homeowners, municipalities, and business owners.
What Is Premises Liability And Do I Have A Case?
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Video Transcript
A premise liability case in the state of New York basically arises from the breach of the owner's duty to provide a reasonably safe premise. And basically what it means is an owner of a building, ... whether it be a home or an apartment building, has to provide you with a safe place to live or visit. So, for example, they have to comply with building codes as it relates to the geometry of stairs, handrails. They have to provide proper lighting. They have to fix leaks so ceilings don't collapse. They have to make sure there's no lead paint in their premises. They have to fix broken steps or cracked sidewalks. I mean, all these are obligations of the owners. These aren't suggestions for the owners. These are what they have to do. If you make the decision to own a property and invite the public in, these are the things you need to do. And if someone gets hurt because the owner didn't do those things, that's when Hecht, Kleeger & Damashek will step in, and we'll make a claim against that owner, and we'll sue that owner and recover money for our client.
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In premises liability, the “duty of care” is the obligation of property owners or managers to maintain their property in reasonably safe conditions, anticipating potential injuries to guests, the public, or even trespassers. To win a premises liability case in New York, you must prove the property owner neglected this duty, often through negligence.
A successful claim hinges on establishing one of three scenarios:
Liability may arise if an action by the property owner or employee creates a hazard, like not addressing a spill in a trafficked area.
If an owner or employee is informed about a hazard and ignores it, they can be liable for injuries.
This is “constructive notice” and refers to situations where the owner should have been aware of a hazard but failed to address it, like consistently ignoring a tripping hazard at a construction site.
If you are unsure if you meet all the elements of a premises liability claim or what constitutes a known hazard, contact a New York premises liability lawyer at Hecht, Kleeger & Damashek, Personal Injury Lawyers, P.C.
Whether you or a loved one were hurt in a crumbling building that should have been repaired years ago, on a decaying MTA subway platform, or in front of a business that should have removed debris, a New York premises liability lawyer should be the first call you make after getting medical care.
At Hecht, Kleeger & Damashek, Personal Injury Lawyers, P.C., our premises liability attorneys have extensive experience and success in securing compensation for accident victims in all sorts of premises-related injury cases, like this $8,000,000 settlement. From scalding water to building collapses and falls, we are ready to assist and advise you on your legal options.
After your initial consultation, where we discuss the details of your premises liability claim, HKD will immediately conduct a meticulous investigation to pinpoint the liable party or parties. This step is crucial, as premises liability cases can involve multiple potential defendants.
Possible defendants include:
Property owners may try to fix hazards right after an accident, making it difficult to get the needed evidence. Getting us involved as quickly as possible can help your case.
Our firm’s investigation process includes gathering evidence, such as surveillance footage, maintenance records, and witness statements, to build a solid case for its clients.
Negotiating with insurance companies or the city of New York is a complex and often challenging aspect of premises liability claims. Fortunately, HKD knows how to deal with insurance adjusters, who will be focused on minimizing your payout.
We will aggressively negotiate for everything you lost and will lose because of your injuries, as well as navigate the intricate policy clauses and legal jargon that accompany insurance claims. Our experience and court-tested dominance in this area ensure that our clients are not short-changed or overwhelmed by the insurance process.
When another’s carelessness injures you, such as absentee landlords, negligent property owners, and careless local governments, you deserve to be made whole – physically and financially. The best way to accomplish this is by assessing how the accident impacted and harmed your life and seeking fair and full compensation for your damages. This includes tangible losses like medical expenses and lost wages and intangible damages like pain and suffering.
Our premises liability lawyers understand the long-term financial and emotional impact of premises liability injuries and advocate for the maximum compensation that reflects your experience, suffering, and what it will take to make things right.
Beyond providing individual representation and advocacy, HKD’s approach to premises liability accidents does more than secure financial relief and a sense of closure for those hurt by negligence.
By holding negligent property owners and others accountable, we can help create an environment where other property owners and managers adhere to safety standards and take steps to correct issues. When you pursue a premises liability lawsuit, you can help prevent similar incidents in the future and make other New Yorkers a little safer.
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212-490-5700Premises liability scenarios in New York City range from common incidents like slip and fall accidents at the grocery store to less frequent but incredibly serious situations, like apartment fires due to neglected wiring or elevator tragedies.
At Hecht, Kleeger & Damashek, Personal Injury Lawyers, P.C., our experienced NYC premises liability attorneys handle insurance claims and premises liability lawsuits arising from all types of property hazards and accidents:
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Some of the most frequently seen injuries that stem from accidents on neglected, poorly maintained, and deteriorating properties include:
Compensation in NYC premises liability cases typically includes economic and non-economic damages. The amount of compensation depends on the details of your accident and how severe your injuries are.
Your economic losses are the out-of-pocket losses you suffer. These include any current or future medical expenses, your lost wages, and possible property damage. These are tangible losses, and are calculated by looking at receipts, bills, and expert testimony.
Your non-economic damages are more subjective. They are conceptual losses you suffer because of your economic damages. They can include pain and suffering, loss of consortium, and diminished quality of life. An experienced New York premises liability attorney will be able to show how you’ve suffered these subjective losses, allowing you to maximize your claim.
A successful premises liability case in New York usually hinges on proving that the property owner breached their duty of care, directly causing your injury and demonstrating the extent of your damages. It’s also crucial to file the claim within the statute of limitations and consider New York’s comparative negligence rule, which may adjust compensation based on your share of fault (if any).
At HKD, we are proud to have helped many clients receive significant and life-changing premises liability settlements and court rulings, including a recent $4.5 Million settlement for a man who fell from a building and $8 Million for a child burnt by scalding water.
Read more about our success in premises liability cases.
Whether you fell on a subway platform, slipped out front of a business, or suffered serious injury because a decaying New York building is falling apart, if you’re injured on someone else’s property, follow these steps to protect your health and legal rights:
Premises Liability FAQs
JUMP TO SECTIONA successful premises liability case in New York usually hinges on proving that the property owner breached their duty of care, directly causing your injury and demonstrating the extent of your damages. It’s also crucial to file the claim within the statute of limitations and consider New York’s comparative negligence rule, which may adjust compensation based on your share of fault (if any).
At HKD, we are proud to have helped many clients receive significant and life-changing premises liability settlements and court rulings, including a recent $4.5 Million settlement for a man who fell from a building and $8 Million for a child burnt by scalding water.
As a premises liability injury victim in New York City, you may encounter property owners or insurance companies denying responsibility. Some may even try to blame you. But remember, you have several rights designed to protect your interests and enable you to seek compensation for your injuries.
With HKD’s guidance and help, you can assert your:
Parking lots are often private property, so the property owner may be responsible for your accident if you fall. If the owner knew about the dangerous situation and failed to rectify it or warn others about it, you may be able to obtain compensation if you were injured.
The business owner may be liable if you’re injured in a store or business establishment due to unsafe conditions, like wet floors or falling merchandise. It’s essential to report the incident to the store management immediately, document the scene, and seek medical attention. You should also consult a premises liability lawyer to discuss potential compensation.
Landlords or property managers are typically responsible for maintaining safe conditions in apartment buildings or rental properties. If your injury is due to a hazard like a broken stairwell, icy entrance, or malfunctioning equipment, the landlord, building owner, or property manager may be liable.
Yes, premises liability claims against the city or government entities in New York City have different procedures and often shorter timelines for filing. It’s vital to consult a lawyer promptly to ensure you meet all legal requirements.
Like other personal injury lawsuits, a premises liability claim must be filed within three years of the date of the accident. However, there are exceptions. You should seek a free consultation with a premises liability attorney to start the claims process immediately.
Premises liability in New York City includes exceptions based on the injured person’s status. Invitees are owed the highest duty of care, licensees less so, and trespassers the least, with specific rules for children, particularly in cases involving ‘attractive nuisances’ like swimming pools.
Another exception is the ‘open and obvious’ doctrine, where a hazard is so apparent that the property owner may not be liable for injuries caused by it. In some instances, the responsibility might fall partially on a third party, like a maintenance company or contractor, rather than the property owner.
The time frame for resolving premises liability cases in New York varies. Simple cases like a fall in a parking lot may settle within months, while complex ones, especially those going to trial or that involve severe injuries, can take years.
Factors affecting duration include the extent of investigation, negotiations with insurers, and court schedules. For a more accurate estimate of how long it may take to settle your claim, it’s best to consult an experienced premises liability attorney.