Property owners in New York are legally responsible for keeping their properties reasonably safe for those who are permitted to enter. This means there should not be any hazardous or unsafe conditions that could cause another person to get hurt.If you or a loved one was injured, you have rights under the law.
A premises liability attorney in Queens can protect your right to compensation by fighting to get you the largest possible settlement. We understand how important it is for you to recover the full value of your claim so you have what you need to move forward with your life.
Types of Premises Liability Claims Our Attorneys in Queens Handle
If a property owner’s negligence causes your injury (e.g., a retail store owner, landlord, management company, or landowner), they can be held liable to compensate you as the injured party. Some of the types of claims our premises liability lawyers in Queens handle include:
- Slip and fall claims
- Staircase accidents
- Elevator and escalator injuries
- Failure to warn of dangerous conditions
- Falls on icy sidewalks
- Dog bites and attacks
- Failure to safely maintain a property
- Swimming pool injuries and drownings
- Negligent security assaults
- Injuries that take place at hotels
- Wrongful death claims
Understanding Premises Liability Cases
In order to have a valid premises liability claim in New York, you will need to establish that the party in question owed you a duty of care and that the duty of care was breached. In other words, you will need to be able to prove that the property owner, manager, or operator’s negligence caused you to get hurt on their property.
For example, if you were walking to the upper floor of a department store, and in the process of doing so, you tripped on a defective condition on the stairs. To hold the owner, landlord, or operator accountable for your accident, you will be expected to prove that they knew or should have known about the damaged steps and neglected to repair them.
A Queens premises liability lawyer can investigate and gather evidence to build a strong case on your behalf. The stronger our evidence, the more likely the chances that you will receive the full value of your claim.
Identifying All Liable Parties in a Premises Liability Claim
Once you have established that duty of care was breached, which caused you harm, you will need to determine if any other parties may also be liable. When you are dealing with a large department store or a commercial space such as a shopping mall, there may be more than one party responsible for your injuries.
In the case of the defective stairs described above, you may have not only a case against the landlord of the shopping mall but also the person(s) or entities that were hired to oversee mall operations or to provide maintenance and repair services.
Your premises liability lawyer will take on the task of determining what parties may be held liable. This way, you can spend your time concentrating on your recuperation and receiving the necessary medical care in order to make the best possible recovery from your injuries.
How Your Lawyer Will Value Your Premises Liability Case
After you establish who the liable parties are and how they were negligent, it is time to consider your injuries, damages, and losses. The potential value of a settlement or award will be relative to the severity of the injuries you sustained and the economic damages and losses that you have suffered.
When considering the value of your case, it is important to consider how the incident has impacted both your personal and professional life. Some examples of the damages you may be entitled to collect include:
- Pain and suffering
- Past and future medical expenses
- Loss of earnings
- Mental anguish
- Transportation costs
Property owners such as landlords and business owners who are leasing commercial space generally carry significant amounts of insurance coverage for injuries. An insurance claims adjuster’s job is to hold onto profits for their employers, not to pay you what you need to recover. If the insurers won’t offer you a fair settlement, we are prepared to take them to court.
How Much You Can Get in a Premises Liability Lawsuit
Every premises liability case is unique, and so are the circumstances surrounding every settlement. There is no way to estimate the value of your claim until a personal injury attorney in Queens who specializes in premises liability has had the chance to examine your evidence.
Although your claim may have very different results, here are some examples of results we’ve secured for our clients:
- $8 million for the victims of a building fire
- $5 million for the injured victim of an elevator shaft fall
- $1.9 million for a man who was injured when he fell into a sewer grate
- $1.3 million for the victim of a trip and fall that was caused by an exposed wire
We are eager to show you what we may be able to achieve in your claim. Don’t hesitate to reach out to us with any questions you may have.
How Long Do You Have to File a Premises Liability Claim in Queens, NY?
Different laws regarding the statute of limitations in New York will apply, depending on the specifics of your claim and who the liable parties are. For example, if you’re filing against the city or state of New York or another government entity, you will need to submit the Notice of Claim within 90 days.
In other types of premises liability accidents in Queens, you may have up to three years to file a claim. This is why it is critical that you contact a lawyer right away. The sooner we can get started, the greater your chances of successfully filing before the deadline will be.
Get a Free Consultation with a Queens Premises Liability Lawyer
We understand the impacts an accident can have on an individual, and we want you to know that we are here to help. If a property owner is to blame for your accident, we will take the necessary steps to hold them responsible for their negligence and fight for the best possible recovery for you.
Contact the Dansker & Aspromonte Associates office today to arrange your initial case review. Let us determine if you have a viable claim against a property owner, manager, or operator in Queens.