Who Can I Sue In A Premises Liability Claim In New York
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 your accident, the party or parties who may be responsible for a premises accident can be private entities or public agencies of government. Some examples of private entities who may be held negligent in an accident include private property owners, property managers, and tenants. Public agencies of government on the other hand can also be held negligent and include The City of New York, The State of New York, and public authorities like The Housing Authority of New York City.
Suing a Private Property Owner
If you were harmed on another person’s premises, you could argue that you would not have been injured if said party had upheld their duty to keep you safe.
What Is Private Property?
According to the Legal Information Institute (LII), private property is any “property owned by private parties—essentially anyone or anything other than the government.” This means that private property is not only land and homes owned by individuals, but also businesses and properties owned by companies and corporations.
Liability for Private Property Owners or Others
The New York Bar Association (NYSBA) states that private property owners and other parties can be held liable for accidents that happen on their property because they owe a duty of care to others to keep it reasonably safe. When they fail to maintain their property safely due to their negligence, they can be held responsible for any accidents and injuries that then result.
How to Sue Property Owners and Others for Accidents on Private Property
In order to recover compensation from a private property owner or another party, the evidence must show that (a) an unsafe condition existed at the premises that was either created by that party or (b) that the party knew about the condition but failed to fix it or should have known about the condition if they acted reasonably.
If the evidence shows that the property owner or other party acted as indicated above, New York law permits you to demand fair and just financial compensation for any injuries that resulted from their actions or inaction.
To prove the above, however, your lawyers must undertake a careful and thorough investigation of the unique facts and circumstances of your accident, locate and preserve evidence before it is lost, file all claims in a timely manner, and build a strong claim for maximum compensation.
How Your Lawyer Can Help You Prove Your Case
Some of the actions your lawyers will take to investigate your claim may include:
- Obtain all police and incident reports
- Interview all witnesses
- Secure video footage of the incident, if available
- Perform a site visit and inspection
- Take photographs of the incident location
- Demand sworn statements from all parties
- Compile records of all prior or similar accidents at the location
- Consult with premises experts such as engineers or architects
- Request all hospital and medical records
- Retain medical experts
- Analyze all economic losses such as lost wages
Suing the Government for Premises Liability
Public property is any place that is owned or maintained by the government as opposed to private individuals or businesses. Some examples of public property include public sidewalks, parks, roads, and public buildings like post offices and libraries.
Public housing is public property that is rented to private individuals. If you are hurt while in public housing in New York City due to negligence, you may have the right to sue The New York City Housing Authority (NYCHA) if you comply with the filing requirements.
Proving Government Liability
The City, State or U.S. government can potentially be held liable if the evidence shows that their negligence led to your injury. For example, if you slip on a floor in a State park or U.S. Post Office, you may have the right to bring a claim against the government under certain circumstances. Every case is unique and the mere fact that you were injured does not mean that your claim will be successful.
There are strict rules and deadlines for bringing a claim against The City of New York, the State of New York, or the U.S. Government, however. Contact a lawyer as soon as possible to discuss your rights in any claim involving a potential claim against the government or any agency of the City, State, or Federal Government. Failure to follow the rules may result in a denial of your claim and prevent you from receiving the compensation you would otherwise be entitled to receive.
The sooner you contact an experienced premises liability lawyer, the sooner they can begin to protect your rights and build a strong claim for maximum compensation.
Call Dansker & Aspromonte Associates LLP Today
If you have been injured as the result of a premises accident, call the team at Dansker & Aspromonte Associates LLP today at (212) 732-2929 to receive your free case evaluation. If we agree to accept your case, you will not be required to pay us any money upfront. Our goal is to ensure that you receive the highest compensation possible for your pain and suffering, medical expenses, lost wages, and any other losses resulting from your accident.
For a free legal consultation, call (212) 732-2929.
How Premises Liability Cases Are Resolved
Premises liability cases can be resolved through a settlement before trial, settlement during trial, jury verdict or even a settlement after trial.
Pre-Trial Settlement
Premises liability cases can be settled before trial when both parties are willing to reach an agreement on a fair settlement. Settling a premises liability case before trial is sometimes less expensive and results in the case being closed quicker than if it went to trial.
If you and the defendant can reach an agreement on an amount, then your case would settle while avoiding the risk and expense of going to trial. However, if the defendant isn’t willing to provide you with a fair settlement offer after going through the negotiation process, your lawyer can take your case to trial and let a jury make the final decision.
Settlements At Trial
During the trial your lawyer will present evidence of the defendant’s negligence, linking their negligence to the cause of your injuries and resulting damages. If the property owner’s negligence is proven and found to be a cause of your damages and losses, a jury will weigh the evidence and issue a jury verdict with an money award intended to fairly compensate you. The case may be settled at any point during the trial.
Many cases are settled during trial when the defendants see that you will not back down and the case is proceeding in your favor. In many instances the defendants often increase their offer during the trial in order to avoid a jury verdict. One of the most powerful tools your lawyer has to increase settlement offers to arrive at a fair and just settlement is beginning and proceeding with the trial.
The reason for this is that defendants and insurance companies can control the amount that they pay if they settle but they cannot control what a jury may do and how much money a jury may award.
Post-Trial Settlement
Cases are sometimes settled after a verdict has been issued by the jury. A post-trial settlement avoids the cost and expense of any appeals of the jury verdict. Once a verdict is rendered either side may have a right to appeal. A common reason that defendants seek an appeal is that they may believe that the award is too high and they will ask an Appeals Court to review.
At that point they may make higher offers to settle than they made at trial because they will be concerned that they may lose the appeal and then be forced to pay interest on the jury award on top of the actual award.
THE POINT IS THIS: A case can settle at any stage and it is the job of your lawyer to advise and guide you throughout the process so that you receive the highest settlement offer possible given the unique circumstances of your case.
If You Are Looking to Sue a Property Owner in New York, Contact Dansker & Aspromonte Associates LLP
If you suffered injuries on someone else’s property in New York, Dansker & Aspromonte Associates LLP is here to help and can be reached at (212) 732-2929. We can evaluate your case and determine what forms of compensation you will be able to seek for your injuries and losses.
At Dansker & Aspromonte Associates LLP, we look to protect the rights of our clients and will fight for the best possible outcome.
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