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.
What is Premises 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.
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.
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 attorneys 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 premises liability attorneys in New York!
The Importance of Evidence in a Premises Liability Case
In a premises liability case, evidence is of utmost importance in order to establish negligence on the part of the property owner. Evidence can include documents, photographs, witness testimony, and expert opinions. Without sufficient evidence, it can be difficult to prove that the property owner knew about the hazardous condition, or that they failed to take reasonable actions to correct it.
Therefore, it is crucial for victims to contact an experienced premises liability lawyer in New York who can conduct a thorough investigation and gather as much evidence as possible to support their case. In the end, the strength of the evidence presented may determine the outcome of the case.
Who Can File a Premises Liability Claim?
Invitees are individuals who are invited onto a property by the owner for the mutual benefit of both parties. Generally, invitees are customers or social guests, and the owner of the property is expected to exercise reasonable care to ensure that the premises are safe for their use. If an invitee is injured due to a dangerous condition on the property, they may be able to recover damages from the owner.
Licensees are individuals who enter onto a property with permission from the owner, but not necessarily for any mutual benefit. An example of a licensee would include a repairman entering a home with permission from the homeowner. The owner of the property must use reasonable care to warn licensees of any known dangerous conditions on the premises, but is not expected to make repairs or take other steps to make sure that the premises are safe for their use.
Trespassers are individuals who enter onto a property without permission from the owner. Generally, owners do not owe trespassers any duty of care and cannot be held liable if a trespasser is injured while on their property; however, there are exceptions that can apply in certain situations (such as when an owner has created an attractive nuisance).
Damages Available to Victims of Property Accidents
When it comes to a premises liability claim, understanding the types of damages you can recover is crucial. Damages recovered in a premises liability claim can help cover a variety of expenses, ranging from medical bills and lost wages to pain and suffering.
Common types of damages in these cases include compensatory damages, which aim to reimburse you for actual financial losses such as medical bills and lost wages, and non-economic damages, which address the emotional and physical impact of the accident, such as pain and suffering.
Punitive damages may also be awarded in certain cases, which aim to punish the property owner for egregious behavior. To ensure that you receive the compensation you deserve, it is essential to work with an experienced premises liability attorney in New York who can guide you through the legal process.
“We recommend Salenger, Sack, Kimmel & Bavaro, LLP , Justin Curtis and his team a hundred percent!” - Isabel A.
“Thank you Deborah Kurtz for being my attorney and fighting for me” - Edwin S.
“Deborah Kurtz is a straight shooter and plays no games all while maintaining the highest level of professionalism” - Joe M.