Property Owner Negligence & Liability
In New York, property owners and managers have certain responsibilities to guests, customers, and other people who visit their properties. They must conduct reasonable, routine maintenance and remove, repair, or warn potential visitors of any dangerous conditions or hazards that could cause foreseeable injury. When a property owner or manager fails to take these measures, and someone is injured as a result, the property owner or manager could be held legally responsible for the injured person’s medical expenses, pain, suffering, and other damages.
If you were injured on someone else’s property, and you believe the property owner may be liable, we encourage you to reach out to our New York premises liability lawyers at Salenger, Sack, Kimmel & Bavaro, LLP right away. You could be entitled to financial compensation, but you have a limited amount of time to file your personal injury lawsuit. In New York, the statute of limitations on nearly all premises liability cases is just three years from the date of injury.
When Is a Property Owner Liable for an Accident?
To bring a successful premises liability claim, you must prove that the property owner (or another party) is legally responsible for the incident that caused your injuries and resulting damages. But when is a property owner liable?
You could have a premises liability claim if you can prove the following elements:
- Duty of Care: You will need to establish that the property owner owed you a duty of care, meaning they had a legal responsibility to take certain reasonable measures to prevent you from being harmed. This typically involves proving that you were lawfully on the property, either as an invited guest or for other legal purposes, when the incident occurred.
- Breach: Next, you will need to demonstrate that the property owner breached the duty of care they owed to you. Typically, this involves proving that the property owner knew about or reasonably should have known about a dangerous condition yet failed to take appropriate measures to remove it, repair it, or warn you about it.
- Injury: To have a premises liability case, you must also prove that you were injured. Even if the property owner was obviously negligent, if you were not injured and/or did not suffer measurable damages—such as medical bills, lost wages, or pain and suffering—you almost certainly do not have a case.
- Causation: Lastly, you must prove “causation.” This involves demonstrating how the property owner’s breach of the duty of care (i.e., negligence) was the direct or proximate cause of your injuries and resulting damages. In other words, you must establish that the property owner was directly or indirectly at fault for the incident that led to your injuries.
At Salenger, Sack, Kimmel & Bavaro, LLP, our New York premises liability lawyers conduct thorough investigations and meticulously prepare cases for litigation. We can evaluate the specific details of your potential claim during a free initial consultation; contact us today to learn more.
Examples of Dangerous Property Conditions
One of the main responsibilities of New York property owners and managers is to maintain their premises to ensure they are free of hazards and dangerous conditions.
Some examples of dangerous property conditions that frequently lead to serious accidents, injuries, and even deaths include:
- Wet, slippery, or uneven floors
- Cluttered walkways or aisles
- Accumulated ice or snow
- Poor or low lighting
- Improper signage
- Missing warning signs
- Defective sidewalks
- Unsafe steps and stairs
- Missing handrails and guardrails
- Poorly maintained elevators and escalators
- Torn or ripped carpeting
- Exposed electrical wiring
- Loose animals, including dangerous dogs
- Potholes and open trenches
- Unsafe scaffolding
- Negligent security guards
- Defective or missing security cameras
These are just some examples of the countless unsafe conditions that could lead to serious bodily injury or even death. If you or someone you love was harmed by an unsafe property condition, and you believe the property owner or manager should have known about the condition yet failed to adequately attempt to repair it, remove it, or warn potential visitors about it, reach out to our team today.
How Our Premises Liability Lawyers Can Help
At Salenger, Sack, Kimmel & Bavaro, LLP, we handle all types of premises liability cases, including but not limited to those involving:
- Slip and falls
- Inadequate security
- Negligent supervision at schools and daycare
- Ceiling collapses
- Defective and missing floor mats
- Snow and ice-related falls
- Building code violations
Our New York premises liability lawyers are here to serve as your advocate and guide throughout the legal process. We understand that this is an extremely difficult and stressful time in your life; our goal is to eliminate the stress you are under and fight for the full, fair compensation you deserve. We want to help you get back on your feet so that you can move forward with your life.
“I would highly recommend them due to the fact that during a difficult time, they made the process very straightforward with excellent results.” - Ciara L.
“I had them for a case that was very difficult this firm was the best very caring and concerned I was treated like family.” - Robbie J.
“Thanks to Jeff and SSKB Law we had a successful outcome and I know that wouldn’t have been possible with anyone else. I would highly recommend this law firm to anyone who needs representation.” - Chrissy B.