Your Rights as a Premises Liability Injury Victim in New York City
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:
- Right to Seek Compensation: You can seek compensation for injuries caused by unsafe conditions on someone else’s property. This compensation can cover medical bills, lost wages, pain and suffering, and other damages.
- Right to Safe Conditions: Property owners in New York City are legally obligated to maintain their premises. As a visitor or guest, you can expect safe conditions when on their property.
- Right to File a Lawsuit: If the property owner’s negligence leads to your injury, you can file a premises liability lawsuit against them.
- Right to Legal Representation: You can hire a premises liability lawyer to represent you in negotiations with property owners or insurance companies and, if necessary, in court.
- Right to Be Informed: You have the right to be informed about the insurance policies and coverage that may apply to your accident.
- Right to Fair Treatment: many quickly discredit premises liability accidents, but you are entitled to a fair legal process, including a reasonable timeframe to file a claim.
- Right to Reject Lowball Offers: You can reject settlement offers from insurance companies if they do not adequately compensate you for your injuries and losses.
New York City Premises Liability FAQs
What if I Slipped, Tripped, or Fell in a Parking Lot?
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.
What Should I Do If I’m Injured in a Store or Business?
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.
Who is Liable for Accidents in NYC Apartment Buildings?
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.
Is There a Different Process for Injury Claims Against the City?
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.
How Long Do I Have to File a Premises Liability Claim in New York?
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.
What are the Exceptions to NY Premises Liability Law?
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.
How Long Does a Premises Liability Case Typically Take in New York?
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 attorney.
How Much Compensation Can I Expect in a Premises Liability Case?
Compensation in NYC premises liability cases typically includes medical expenses, lost wages, and pain and suffering, with amounts varying based on injury severity and case specifics. Economic damages are based on tangible losses, while non-economic damages, like pain and suffering, are more subjective. Punitive damages may also apply in cases of egregious negligence. The final amount may be adjusted for any comparative negligence on the part of the injured party.
Contact a New York City Premises Liability Lawyer Today
No one expects to be seriously hurt on another’s property because it was poorly maintained, or hazards were ignored. But unfortunately, it happens all the time in New York City. At Hecht, Kleeger & Damashek, Personal Injury Lawyers, P.C., our premises liability attorneys are here to answer your questions and deliver some relief in the form of justice and financial compensation. Contact HKD as soon as possible to get started.
There are never up-front costs and nothing unless you recover compensation. Call 212-271-4156 or contact us online to request a free consultation.
