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 against the property owner or another party.
Usually, an injured party must be able to prove the following legal elements in order to have a successful claim:
- The property owner owed you a duty of care.
- The property owner breached that duty.
- You suffered injuries.
- Your injuries resulted in financial losses.
Property owners in New York are required to maintain their premises to ensure they are free from any defects or hazardous conditions that could potentially harm someone who enters their property. If a property owner knew of (or should have known about) a dangerous or hazardous condition that caused you to suffer an injury on their premises, you may be able to hold them liable to compensate you for your injuries and the losses you have suffered.
Examples of Premises Liability Cases
A premises liability case can arise from a number of different types of incidents. Below are a few examples of when an individual might have a valid premises liability case:
Slip, Trip, and Fall Accidents
If you slipped or tripped and fell on public or private property such as a sidewalk, walkway, hallway or stairs and your accident was caused by any of the following, you may be able to bring a claim against the property owner or another party who was in charge of monitoring and maintaining the premises:
- A slippery or wet substance was left on the floor (spilled detergent or water are some examples)
- Lifted carpet or tile
- Damaged stairs
- Damaged sidewalks
- Icy sidewalks
- Uneven flooring
- Poor lighting
Injuries at work are a common type of premises liability cases. Generally, all parties are required to act reasonably to ensure that a workplace is safe. Construction sites and other workplaces present dangerous premises conditions on a daily basis. If you have been injured in a workplace accident, you may be entitled to bring a premises liability claim in addition to your rights to receive benefits under New York’s Workers Compensation system. While New York Law generally limits your rights to sue your own employer under the Worker’s Compensation Law, in many instances there are other parties in your workplace who may be held liable for failing to act reasonably to keep your workplace safe. For example, if you are injured on a construction site while working as an employee for the electrical contractor you may not be able to sue your employer but you may be able to bring a claim against the General Contractor, property owner or other party for failing to keep you safe.
Other Types of Premises Accidents
If you were on someone else’s property and suffered injuries because their premises contained another type of defective condition, you may have a valid claim. Premises liability includes a wide range of cases including electrical or other fires, defective elevators, ceiling leaks and collapses, boiler explosions, lead or asbestos contamination, defective playgrounds or playground equipment, failure to supervise children in daycare, negligent security or supervision leading to assaults, dogbites and many other types of unfortunate events.
Parties Who Can Be Sued for Premises liability
- Store owners or operators
- Business owners
- Management Companies
- General Contractors
- A city or state government
An independent contractor may even be held liable for an accident that occurred on someone else’s property if they were responsible for creating the dangerous condition.
Damages That May Be Awarded in a Premises Liability Case
If the evidence shows that your injuries were the result of negligence, you may be entitled to demand fair and just compensation for each and every type of damage you suffered. Depending upon the unique circumstances in your case, you may recover fair and reasonable money for the following types of damage:
- Pain and suffering for all physical and emotional injuries
- Mental anguish
- Loss of enjoyment of life
- Future pain and suffering, if it is determined that your injuries are permanent
- Past and future medical expenses
- Lost income
- Rehabilitation costs
- Loss of earning capacity
- Home care
- Transportation costs
You may be entitled to seek additional types of damages for other injuries not listed here. Speak with an experienced and dedicated personal injury attorney to protect your rights. The sooner you call an attorney, the sooner you can begin to build a strong claim for maximum compensation.
Discuss What a Premises Liability Case Is with a Legal Professional
If you are ready to discuss your circumstances and find out if you have a viable case against a public or private property owner in the New York City metropolitan area, you can contact Dansker & Aspromonte Associates at (212) 732-2929.
We have helped many individuals secure favorable outcomes in their premises liability cases. In fact, we managed to secure a $5 million verdict in a case involving a 49-year-old man who fell down an elevator shaft due to defective maintenance.
If you would like to receive a free case review to determine if you have a valid premises liability case against a property owner in Manhattan, Brooklyn, the Bronx, Queens, Staten Island, or Nassau or Suffolk County, contact our firm today. Don’t delay however as there are deadlines that limit your rights. If you fail to file your claim by the applicable deadline, you may be prevented from receiving the compensation you deserve. Dansker & Aspromonte Associates has been fighting for injury victims just like you since 1988. Call us for a free consultation. If we agree to accept your case, you will not be required to pay us any money upfront. We advance all legal expenses and fees, and we only earn a legal fee when we recover compensation for you. Our lawyers are standing by at (212) 732-2929.