Whether you’ve suffered minor bruises or more serious injuries like broken bones, head trauma, or spinal cord damage, being injured on someone else’s property can be an overwhelming and painful experience.
The worst thing is, it doesn’t end there. You may also face emotional and financial challenges such as anxiety, fear, and uncertainty about your future. You may worry about how your injury will affect your ability to work or care for your family.
Dealing with insurance companies and legal proceedings, especially in premises liability cases, can add to the stress and confusion. Because, let’s face it, navigating the legal system and understanding your rights and options can be difficult.
Fortunately, you can take steps to ease the pain and suffering burden, find a path to recovery, and get compensation. But how do you find the right premises liability lawyer near you?
Keep reading to learn helpful tips and resources to make your search for an experienced premises liability lawyer easy. Whether you’re dealing with a premises liability claim or just looking for general information and necessary resources, we’ve got you covered.
What Is Premises Liability Law New York?
Under New York premises liability law, property owners or occupiers must exercise reasonable care to ensure that their property is free from hazardous conditions that could cause harm to others. They must warn visitors of known hazards or dangers they cannot eliminate.
This means they must take reasonable measures to prevent accidents and injuries on their property.
If a property owner or occupier is negligent or fails to fulfill their duty and someone is injured. The accident victim may be entitled to seek compensation through a premises liability lawsuit.
The premises liability cases can include hazards such as
Or any dangerous conditions that were not adequately addressed
Generally, premises liability law has classified visitors to a property into three categories:
Invitees: Visitors who are invited onto the property for the benefit of the property owner or occupier. For example, customers in a store or tenants in an apartment complex. Property owners are responsible for giving invitees the highest duty of care. They must take reasonable measures to ensure the safety of visitors.
Licensees: These are visitors who are allowed onto the property with the owner’s or occupier’s permission but for their own purposes. Examples include social guests or delivery drivers. Property owners must warn licensees of any known hazards on their property. However, the owners are not necessarily required to address or correct them actively.
Trespassers: These types of visitors include people who enter the property without the owner’s or occupier’s permission. Property owners generally have limited liability for injuries sustained by trespassers. However, they may still be held responsible in certain circumstances, such as intentionally creating a hazardous condition or failing to take reasonable steps to prevent personal injury to children who may be attracted to the property.
How Premises Liability Lawyers Can Help You
Suppose you have been accidentally injured on someone else’s property. In that case, a premises liability lawyer can prove to be an invaluable resource in helping you seek compensation for your injuries. The liability lawyers specialize in cases where the victim has been injured due to the negligence of a property owner or manager. They can help you navigate the complex legal system to fight for your rights.
Here are some of the ways in which an experienced premises liability lawyer can help you build a successful case:
A premises liability lawyer can help you review and analyze the evidence related to your case, including witness statements, accident reports, medical records, and any other relevant documents. In addition, they have the necessary resources and expertise to investigate further, collect additional evidence, and preserve it in a way that can support your premises liability claim.
Premises liability lawyers can also determine who is responsible for the accident, whether the property owner, manager, or tenant, and build a case against them to hold them accountable for your injuries.
Devise a Strategy
Based on their experience and expertise and practice area, a premises liability lawyer can help you devise a legal strategy tailored to your case’s circumstances. This may involve identifying the parties responsible for your injury, gathering evidence, and developing a plan for seeking compensation.
Let’s assume, you were injured in a slip-and-fall accident due to a wet floor in a grocery store, a premises liability lawyer could help you gather evidence such as surveillance footage, witness statements, and accident reports to determine if the store was negligent in failing to clean up the spill promptly. Based on this evidence, your lawyer could devise a strategy for seeking compensation from the store owner or manager.
Estimate Claim Worth
Premises liability lawyers will typically gather all documentation of your injury, including medical bills, pay stubs, and any other relevant financial information. They will then analyze this information to determine the full extent of your losses and calculate a fair and reasonable settlement amount.
Factors that may be considered include the severity of your injuries, the cost of medical treatment and rehabilitation, any lost income or earning potential, and the impact of the injury on your quality of life.
Negotiate With Insurance Companies
Insurance companies are often motivated to settle liability claims for as little as possible, and they may try to take advantage of victims who an attorney does not represent. Without a liability attorney on your side, you may receive a lowball offer or have your claim dismissed altogether.
However, with an experienced lawyer, you can rest assured that your rights are protected and that the insurance company is held accountable for providing a fair settlement.
Give Representation in Court
Similarly, if you happen to go to court to seek compensation for your injuries, having a premises liability lawyer by your side can be crucial to the success of your case. Insurance companies have teams of skilled attorneys working to protect their interests and minimize payouts. They will try to take advantage of victims who do not have legal representation.
A premises liability lawyer has the knowledge, skills, and experience to navigate the legal system and fight to seek justice on your behalf. Your lawyer will ensure that your case is presented in the strongest possible way and will work tirelessly to secure the best possible outcome.
Guide to Finding the Best New York Premises Liability Lawyer
If you’ve been injured due to someone else’s negligence on their property, finding the right liability attorneys in New York is crucial to ensuring you receive a good enough settlement.
Here are a few things to know while hiring an experienced premises liability lawyer:
Ask Their Opinion
Interviewing a liability lawyer before hiring them is crucial because it allows you to gauge their experience, expertise, and communication skills. It also allows you to ask them their opinion about your case and get a sense of whether they believe you have a strong claim. This can be invaluable in helping you make an informed decision. Doing so will give you a sense of the likelihood of success in your case.
Ask For Recent Similar Cases
Ask your lawyer about his experience with premises liability cases similar to yours. It will help you better understand the issues involved. This way you’ll get to know if they have already established relationships with experts, investigators, and other resources that could be crucial to the success of your case.
In addition, they may have a track record of success in handling similar premises liability cases, which can give you confidence in their abilities. By asking about their previous experience, you can also get a sense of their approach to handling cases and whether it aligns with your needs and goals.
Consider the Communication Style
You can understand the communication style during the initial consultation with a lawyer including their responsiveness, clarity in explaining legal concepts, and ability to listen to your concerns.
It is important to find an attorney who communicates well with you and keeps you informed about the progress of your case. A lawyer who is a good communicator can help you understand your legal options, guide you through the process, and make you feel comfortable and confident in their representation.
Discussing payment options with a liability lawyer before hiring them is essential because it ensures you fully understand their fee structure and avoid any surprises later on. A contingency fee is a popular payment option for personal injuries, including premises liability cases.
Your lawyer will get paid only if he wins your case, taking a percentage of the settlement or award as their fee. This can be a good option for those victims who may not have the financial resources to pay upfront for legal services.
If you’re looking for the best premises liability lawyers in New York, get in touch with Uptown Injury Law or call us at 855-233-8728
Premises Liability vs Personal liability: What’s the Difference?
Premises liability and personal liability are two different legal concepts.
Premises liability refers to the legal responsibility of a property owner or occupier to ensure that their property is safe for visitors. This includes maintaining the property and taking reasonable steps to prevent accidents or injuries.
On the other hand, personal liability refers to an individual’s legal responsibility for their actions or conduct. This can include liability for injuries or damages caused by negligent or intentional acts.
In short, premises liability deals with the safety of a property. In contrast, personal liability deals with the actions of an individual.
Is Premises Liability the Same as Negligence?
Premises liability is a specific type of negligence that refers to the duty of a property owner or occupier to maintain their property in a reasonably safe condition and to warn others of any known hazards. Therefore, premises liability is a subset of negligence that deals explicitly with injuries that occur on a property due to the failure of the property owner or occupier.
What Are Premises Liability Elements?
Premises liability is a legal concept made for property owners and occupiers to hold them responsible for accidents that occur on their premises. To prove a premises liability claim, the plaintiff or the injured party must establish the following elements:
Duty of care: The property owner or occupier failed to maintain the property safely or warn of any potential hazards.
Causation: The breach of duty caused the injury to occur.
Damages: The injured party suffered actual damages, for example, medical bills, lost wages, or physical and mental suffering resulting from the injury.
Different Types of Premises Liability Cases
Property owners are legally responsible for maintaining a safe environment for visitors and guests. If you’ve been injured on someone else property, you may wonder if you have a premises liability case.
There are various situations that can lead to premises liability claims, such as:
Slip and Fall
Landowners take reasonable measures to prevent slip and fall accidents, such as cleaning up spills promptly, providing warning signs for wet floors, and repairing or marking any uneven surfaces.
However, slip and fall accidents are still one of the most common types of premises liability claims. This occurs when you slip or trip on a hazard, such as a wet floor or uneven pavement, and suffer an injury.
Fire Safety Hazards
Property owners often fail to install smoke detectors or fire extinguishers or adequately maintain them, resulting in serious personal injury to the victims.
In premises liability claims, you must show that the property owner failed in maintaining a safe environment. For this, you’ll need to involve gathering evidence, such as eyewitness accounts, maintenance records, and expert testimony.
A liability attorney can help you gather critical evidence you may not know, such as witnesses, surveillance footage, and maintenance records. With their resources and expertise, they can conduct a thorough investigation to strengthen your case.
Such personal injury accidents can occur due to various hazards, such as uneven pavement, cracks, potholes, or debris. If the property owner knew about the hazard or should have known about it but failed to repair it, they may be liable for your injuries.
As a concert-goer, you may be at risk of injuries caused by various hazards present in the venue, including slips, trips, and falls. Overcrowding and stampedes can also lead to injuries, as can malfunctioning equipment or pyrotechnics. If you sustain an injury at a concert, the property owner may be liable under premises liability law.
Swimming Pool Accidents
Swimming pool accidents can occur due to various hazards, such as inadequate fencing, slippery surfaces, or a lack of lifeguards. If the property owner knew about the hazard or should have known about it but failed to address it, they may be liable for any serious injury caused to you due to their negligence.
Bad lighting can lead to accidents and injuries such as slips and falls, trips and falls, or assaults. For example, a dimly lit stairway or hallway can cause you to trip and fall. A poorly lit parking lot can make it difficult to see where you are walking, leading to a slip and fall. Additionally, inadequate lighting can make it easier for criminals to hide or attack you.
Property owners and occupiers are responsible for ensuring their premises, including adequate lighting, are reasonably safe. If the owner knew or should have known about the inadequate lighting but failed to address it, they may be held liable for your injuries.
Elevator or Escalator Accidents
When you use an elevator, you have the right to expect it to be reasonably safe. However, still many premises liability cases consist of such injuries.
Elevator accidents can occur due to faulty wiring, improper leveling, or sudden drops. These injuries can range from minor cuts or bruises to severe injuries, such as broken bones, head trauma, or spinal cord damage.
Ceiling collapses can occur in any building, including homes, apartments, and commercial buildings. Various factors, including structural defects, water damage, or improper maintenance, can cause these incidents.
Ceiling collapses can result in serious injuries, including head trauma, spinal cord injuries, and broken bones. Property owners must ensure the safety of their buildings. They can be held liable for injuries due to a ceiling collapse.
Will My Premises Liability Case Go to Settlement or Trial?
Whether your premises liability case will go to settlement or trial will depend on various factors, including the strength of your case, the evidence available, and the willingness of the other party to negotiate a settlement.
Premises liability cases are often resolved through negotiations with the other party or their insurance company without needing a trial. This can often be a faster and less expensive way to resolve the case.
However, if the other party is unwilling to negotiate a fair settlement or if there is a dispute over who is at fault for the injury, the premises liability case may need to go to trial. In this case, a judge or jury will hear the evidence and decide on the outcome of your case.
Ultimately, whether your case goes to settlement or trial will depend on your case’s liability, circumstances, and the advice of your premises liability attorney. They can help guide you through the process and work to secure the best possible outcome for your case.
How Much Worth Are Premises Liability Settlements?
The worth of a premises liability lawsuit settlement can vary greatly depending on the case’s specifics. Settlements are usually designed to compensate the injured party for their damages, including their medical costs and expenses, mental, and any other losses that resulted from the injury.
Factors that can affect the worth of a premises liability claim settlement may include:
The severity of the injury: A more serious injury will typically result in a higher settlement amount.
Medical expenses: The cost of medical treatment, including hospital bills, doctor visits, physical therapy, and medication, will be factored into the settlement amount.
Lost wages: If the injury caused the victim to miss work, the settlement might include compensation for lost wages and future earnings.
Pain and suffering: Compensation may be awarded for physical pain, emotional distress, and reduced quality of life.
Comparative negligence: If the injured party is found to be partially at fault for the injury, their settlement may be reduced accordingly.
Insurance coverage: The available insurance coverage will also impact the settlement amount.
Examples of Premises Liability Case Settlements
Property owners can be held accountable for any resulting injuries or damages when they fail to fulfill their duty to provide a safe environment. These cases can result in hefty settlements for the victim, depending on the seriousness of the injury and the level of negligence demonstrated by the property owner.
Rodriguez v. Costco Wholesale Corp. (2018)
A woman was injured after a pallet jack collided with her shopping cart in a Costco store in New York. She suffered a fractured ankle and required surgery. The case was settled for $400,000.
Doe v. ABC Realty (2019)
A tenant in a New York apartment building was attacked in the lobby due to a lawsuit over the landlord’s failure to provide adequate security. The victim suffered severe injuries, including head trauma and facial fractures. The case was settled for $2 million.
Smith v. Walmart Stores, Inc. (2016):
A customer in a Walmart store in Florida slipped and fell on a wet floor, leading to her suffering a severe back injury requiring surgery. The store had failed to place warning signs or take other measures to prevent accidents. The case was settled for $1.3 million.
Brown v. XYZ Hotel (2017)
A guest at a hotel in California suffered a slip and fall accident as a result of a wet and slippery floor in the hotel’s pool area. The guest suffered a broken hip, requiring surgery and extended hospitalization. The case was settled for $1.5 million.
Why Choose Uptown Injury Law Firm
Our experienced and skilled attorneys have a proven track record of successfully handling premises liability cases and are committed to fighting on behalf of our clients.
We understand the challenges and complexities that victims of a premises liability case claim can face. We have the knowledge, expertise, and resources to help you navigate the legal process and secure the compensation you deserve. Our attorneys have the expertise to analyze the evidence and develop a legal strategy tailored to your specific case, ensuring your rights are protected.
At Uptown Injury Law, we believe in clear and open communication with our clients, keeping you informed at every step. Also, our liability attorneys work on a contingency fee basis, so you have no upfront costs. Contact us today at 855-233-8728 to get a risk-free, no-obligation case review.