You do not need a lawyer for your premises liability case, but it can benefit your case to have a legal professional who is familiar with the legal process fighting for you. If you’ve been injured as a result of the dangerous conditions on someone else’s property, you deserve compensation for your injuries and losses. …
What Are Some Examples of Dangerous Conditions that Qualify for a Premises Liability Claim?
Some examples of dangerous conditions might include broken sidewalks, raised or uneven flooring, and broken steps or defects on stairways. According to the New York Bar Association (NYSBA), property owners are required to “use reasonable care to keep the premises in a reasonably safe condition” as well as provide those who enter with a warning …
Should I Accept a Cash Settlement from the Insurance Company Adjuster for My Premises Liability Injury?
The answer is that no one should settle their case with the insurance company before speaking to an experienced personal injury attorney. Anyone who approaches you with a settlement offer is working for the insurance company and not for you. Rarely will an insurance company make an offer that fairly compensates an injured person when …
How Long Does a Hazard Need to Be Present for a Property Owner or Other Responsible Party to Be Found Liable?
If you are injured on a property due to negligence of another in failing to address a known hazard, you may be able to pursue monetary compensation for each and every type of damage you sustained. There is not a specific length of time a hazard must be present to find a property owner or …
Will My Premises Liability Case Be Settled Out of Court?
If you file a lawsuit against a property owner, your premises liability case could be settled before trial. Premises liability lawsuits are generally filed when a property owner fails to ensure their property is free from hazardous or dangerous conditions and someone gets hurt as a result. You may be able to sue both those …
What If I’m Partly at Fault in a New York Premises Liability Case?
Even if you are found to be partly at fault in a New York premises liability case, you may still be entitled to recover compensation for any injuries or losses you suffered. Under New York’s comparative negligence law, you have the right to bring a lawsuit against another party and seek damages, even when your …
What Safety Standards Do Property Owners Have to Have in Place in New York?
Acting reasonably to protect the safety of residents, employees, and visitors is the legal responsibility of every business, property manager, property owner and tenant. To protect the rights of the public, there are a number of safety standards property owners have to have in place in New York. These include safe sidewalks, adequate security measures, …
What Should I Do After Injuring Myself on Someone Else’s Property?
If you have been injured due to the fault of another, there are a number of actions you should take to protect yourself and your legal rights. The steps you take immediately after your injury may determine the strength of your claim. Seek Medical Attention The first thing you should do after you were injured …
What Evidence Do I Need to File a Premises Liability Claim in New York?
If you are looking to take legal action after you were hurt on someone else’s property, you may be wondering what evidence you need to file a successful premises liability claim in New York. Having an accident on someone else’s property does not automatically entitle you to money damages. New York law requires you to …
How Long Does a Premises Liability Claim Take to Settle in New York?
Each premises liability case comes with its own set of unique circumstances. With that being said, it is very difficult to predict how long it will take for a premises liability claim to be completed in New York. The real answer is that it will take whatever time is necessary to obtain just and fair …
Does Premises Liability Cover Animal Attacks in New York?
In New York, a homeowner or business owner is required by law to maintain a reasonably safe property. These laws generally cover accidents such as falls, burns, elevator malfunctions, or swimming pool incidents. New York negligence law also covers injuries resulting from dog bites, menacing, or attacks. If you have been hurt by a dog …
Who Can I Sue in a Premises Liability Claim in New York?
A premises liability claim can arise from a wide variety of accidents including: A slip or trip and fall on a sidewalk A fall inside or outside of a business or residence An assault due to negligent security A ceiling or other structure collapse An elevator malfunction Based upon the unique facts and circumstances of …
How Can I Prove Negligence in a Premises Liability Case in New York?
Proving negligence in a premises liability case in New York has three parts. You will need evidence showing you were injured, proof that the property owner where you were hurt knew or should have known about the hazardous condition, and proof that you suffered financial losses because of it. Evidence That Can Prove Negligence Collecting …
What Is a Premises Liability Case?
A premises liability case is one that generally arises after a person has suffered an injury on public or private property, and a hazardous or defective condition caused their injuries. Before you decide to initiate a premises liability case, you should speak with an injury lawyer who can determine if you have a valid claim …
How Can a Lawyer Help Me with My Premises Liability Case?
A lawyer can help you with your premises liability case in several different ways. They will wear many different hats over the course of your case in pursuit of the compensation you deserve. Your legal team can investigate what happened to you, put together the best possible case with the evidence they collect, and argue …
What Damages Can I Receive for a Premises Liability Claim in New York?
If you were injured while on someone else’s property, you could receive damages through a premises liability claim in New York. These damages may compensate you for each and every type of injury you sustained including physical and emotional pain and suffering, medical and hospital bills, and lost wages. There are two main types of …
What Is Considered a Hazardous Condition in a New York Premises Liability Case?
A hazardous condition in a New York premises liability case is defined as an unsafe condition that can foreseeably cause harm to someone present on the property. All New York property owners must ensure that their properties are free from dangerous, hazardous, or defective conditions. This applies to owners of both public and private properties. …
Can I Sue Someone If I Hurt Myself on Their Private Property in New York?
You can sue someone if you hurt yourself on their property in New York if the owner, manager, or operator’s negligence was a cause of the accident. Understanding Premises Liability Cases When a property owner’s negligence causes an accident on their property, a premises liability lawsuit may be filed against them. Negligence might constitute the …
Does Premises Liability Cover Assault in New York?
Depending upon the unique facts in your case, premises liability principles of law can be applied by a victim of an assault to bring a personal injury claim in New York. Property owners, tenants, and managers have a legal responsibility to take reasonable measures to prevent dangerous conditions on a property including the risk of …
If I Suffer an Injury on Public Property, Is the City Liable in New York?
If you suffer an injury on public property, such as a sidewalk, in New York City, the City of New York may be liable for your injuries. In order to hold a municipality such as the City of New York liable, you will need to prove that the government was negligent—and that this negligence caused …