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Hurt on another person’s property? Call Hecht, Kleeger & Damashek Now

Accidents caused by property owners and landlords’ carelessness happen all the time in New York. When they do, we take decisive action on behalf of the injured. This nearly $4 million verdict against a major retailer in a fall case exemplifies the determination of our premises liability attorneys to help victims get the compensation they deserve. When you trust us with your claim, we will work hard to establish fault and achieve a successful outcome.

Contact our firm here or call 212-490-5700 for a free consultation with a knowledgeable personal injury lawyer.

Understanding the Elements of Premises Liability Claims

Several elements must be present to prove premises liability claims. It must be shown that the property owner owed you a duty of care; they breached that duty; and the breach directly caused your injuries and damages.

Duty of Care

Landlords, store owners, restaurant operators, and anyone who owns or occupies public and private property have a duty of care to keep it reasonably safe. This duty extends to visitors, workers, and people legally on the property. In most cases, it does not extend to illegally trespassed people.

Breach of Duty

If a property owner or occupier fails to keep conditions safe and a visitor gets hurt, they have breached their duty. In these cases, legal action may be taken against them if it is proved that their breach directly caused the injuries.

Damages

To file a premises liability claim, your injuries must have resulted in damages. Damages include doctor bills, lost wages if you can’t work, and physical and emotional pain and suffering, as examples.

The Basis for Successful Premises Liability Claims

For a liability claim to be successful, it has to be established that the property owner created a dangerous situation, knew about a hazard and didn’t correct it or warn about it, or should have known about a danger.

Property Owner Created a Dangerous Situation

The simplest example in this scenario is a grocery store spill. If the grocer knew that liquid was spilled in an aisle and let the spill remain there and a customer slips and falls, they have created a dangerous situation.

The Owner Knew of the Hazard

In the above-mentioned scenario, the owner knew about the hazard. Even if they could not immediately mop it up, they should place safety cones or a sign to warn about it. In failing to do so, they can be held liable for the accident and injuries.

The Owner Should Have Known About a Hazard

There are sometimes situations where property owners may try to defend themselves from liability by saying they did not know of the danger.

However, if there were recurring issues with an electrical outlet in an apartment, for example, and then a short occurs and injures a renter in a fire, the owner should have known that the outlet was a hazard.

They may be held liable for their negligence.

Learn More About Premises Liability Claim

Accidents caused by negligence can happen in many ways. Injuries in these accidents are often severe. When injuries happen, damages may be awarded through a legal claim.

Common Accidents Leading to Claims

Some common types of accidents in premises liability cases include:

  • Slips, trips and falls due to liquids, potholes, torn carpeting, and other flooring issues
  • Falls on staircases from broken handrails or stairs
  • Swimming pool accidents
  • Negligent security incidents due to poor lighting
  • Burns and smoke inhalation from malfunctioning electrical equipment
  • Accidents at hotels, in the workplace or elsewhere from broken elevators or escalators

Injuries Sustained in Accidents

Injuries sustained in property accidents can include:

Damages In these Cases

Damages in premises liability claims can include payment for the following:

  • Current and future medical bills
  • Rehabilitation costs
  • Lost wages and benefits
  • Loss of earning capacity if the victim can no longer work
  • Pain and suffering
  • Emotional distress
  • Punitive damages in cases of egregious negligence

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FAQs About Premises Liability Claims

Why should I hire a lawyer for my case?

Premises liability cases can be very complex. Most property owners are not going to readily admit responsibility. Trying to prove fault by yourself while recuperating from injuries will be very difficult and stressful.

With a knowledgeable attorney helping you, you stand the best chance of getting the money you need for doctor bills and other damages. Our premises liability lawyers know what it takes to prove the elements in these types of claims and can gather the necessary evidence for your case.

How much does it cost to hire a premises liability lawyer?

We work on a contingency fee basis. What this means is that you pay us only when we get you a settlement or verdict. In the unusual event we don’t get you compensation, you do not pay us anything.

We call this our “no win no fee” policy. Additionally, we provide free and confidential consultations, so you have nothing to lose and potentially much to gain by speaking with us.

What happens if the property owner says I was partly responsible for the accident?

Even if it’s proven you are partially responsible, you can still get payment. But your recovery will be reduced by the percentage you are found to be liable. So, if your recovery was $40,000, for example, and you are 25% responsible, you would receive $30,000. Our attorneys will carefully investigate the evidence to establish negligence of the property owner and, when appropriate, contest the allegations that you shared any responsibility for the accident and your serious injuries.

Can I get money if I was trespassing on private property and was hurt?

Generally, trespassers are not owed a duty of care by property owners and operators. Only people lawfully on the property are owed this duty.

But there are some exceptions in specific situations. We can help you understand whether you may be entitled to receive compensation based on the facts involved.

Call a New York Premises Liability Lawyer Now

Injuries in premises liability cases lead to physical, mental, and financial costs. Through a legal claim, you could get payment to help you navigate the days ahead during your recovery, and to help you care for your family if you are a provider.

At Hecht, Kleeger & Damashek, P.C,, we will look at all the facts of your case, and if you were a victim of a property owner or occupiers negligence, fight for your right to fair compensation.

Call our New York law firm at 212-490-5700 or contact us online to ask for a free, no-risk case evaluation. When we take your case, you will pay nothing up front and you pay us only when we get you compensation.

Call HKD Today

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When I spoke to Mr. Noah Reiss he gave me valuable legal advice. Connected the dots who and why. He is a great asset to this firm. Will call him again as a friend. Thank you so much.

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We offer free case evaluations, and there are no up-front fees. You only pay us if we recover compensation.

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