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Have You Recently Been Injured on Someone Else’s Property in New York City?
Goldberg & Loren are experienced premises liability lawyers who specialize in helping individuals like you who have suffered injuries due to unsafe conditions on another person’s property. With their expertise and knowledge of New York City laws, they can ensure that you receive the compensation you deserve.
If you’re seeking justice for your injuries and want to hold the responsible party accountable, then Goldberg & Loren are the lawyers you need. They will fight tirelessly to protect your rights and help you recover the financial damages you are entitled to.
Contact Goldberg & Loren today for a free consultation. Don’t wait; take action now to secure the compensation you deserve for your injuries.
What Is Premises Liability?
Premises liability is a legal concept that holds property owners and occupiers responsible for injuries and accidents that occur on their premises. These premises can include private homes, office buildings, retail stores, restaurants, amusement parks, and more.
When a person enters someone else’s property, they have the right to expect a reasonably safe environment. The property or business owner or occupier has a legal duty of care to maintain their premises in a safe condition and to prevent any potential hazards that could cause harm to visitors.
Common Types of Premises Liability Cases
Slip and Fall
These accidents can occur due to slippery floors, uneven surfaces, loose tiles, or foreign substances on the ground. Property owners have a responsibility to promptly clean up any spills, warn visitors of potential hazards, and ensure that walkways are free from obstacles.
Slip and falls make up 12% of total falls and independently account for a million ER visits. [1]
Inadequate Security
When individuals become victims of crimes such as assault, robbery, or sexual assault on someone else’s property, the property owner may be held liable for failing to provide adequate security measures. This may include inadequate lighting, lack of security cameras, broken locks, or failure to perform background checks on employees.
Negligent Maintenance
This refers to situations where property owners fail to properly maintain their premises, leading to dangerous conditions. Examples include broken stairs or railings, uneven sidewalks, faulty electrical wiring, or improperly maintained elevators.
Swimming Pool Accidents
Property owners who fail to properly secure their swimming pools, maintain fencing, or provide adequate supervision may be liable for any injuries that occur on their property.
Amusement Park
Premises liability cases can involve amusement park accidents, where visitors are injured due to defective rides or inadequate safety measures.
Common Causes of Slip and Falls
These accidents can happen in various settings, such as supermarkets, restaurants, office buildings, or even private residences.
- Slippery Surfaces: Wet floors, whether caused by spills, leaks, or freshly mopped areas, can pose a significant hazard to visitors. Property owners have a duty to promptly clean up any spills and provide warning signs to alert individuals of the potential danger.
- Uneven Surfaces: Cracked sidewalks, loose floorboards, or uneven pavement can easily catch someone off guard, leading to a fall. Property owners should ensure that walkways and common areas are properly maintained and free from obstacles that can trip individuals.
- Poor Lighting: Insufficient lighting makes it difficult to see potential hazards, increasing the chances of accidents, especially in areas with stairs or uneven surfaces. Property owners should ensure that all areas are well-lit to mitigate these risks.
- Inadequate Maintenance: Broken handrails, loose carpeting, or faulty staircases are examples of maintenance issues that can lead to falls.
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Related Information
Duty of Care to Visitors
Duty of care is a legal principle that holds property owners responsible for ensuring the safety and well-being of their visitors. When it comes to premises liability, property owners have a duty of care to maintain safe conditions and prevent harm to those who enter their property.
If a property owner fails to fulfill their duty of care, and a visitor suffers an injury as a result, the property owner may be held legally liable for the damages. This can include compensating the injured party for medical expenses, lost wages, pain and suffering, and other losses caused by the accident.
Damages and Compensation in Premises Liability Lawsuits
- Medical Expenses: Medical expenses are often a significant component of these damages, including the costs of emergency treatment, hospitalization, surgeries, medications, and ongoing rehabilitation. The injured party may also be entitled to compensation for future medical expenses related to their injuries, such as long-term care or therapy.
- Lost Wages: Lost wages and loss of earning capacity are other common damages in premises liability cases. If an injury prevents the victim from working or affects their ability to earn a living in the future, they may be compensated for the wages they have lost and the potential income they would have earned had the accident not occurred.
- Pain and Suffering: This includes physical pain, emotional distress, mental anguish, and the overall impact the injury has had on the victim's quality of life. The court considers factors such as the severity of the injuries, the extent of physical or emotional suffering, and the long-term consequences when determining appropriate compensation for pain and suffering.
- Loss of Enjoyment of Life: If the injuries result in a diminished ability to participate in activities or hobbies they once enjoyed, they may recover damages for this loss. Loss of consortium, which refers to the negative impact the injury has on the victim's relationship with their spouse, can also be considered in premises liability lawsuits.
Establishing Negligence in a New York City Liability Claim
Property owners or occupiers have a legal duty to ensure that their premises are reasonably safe for those who enter. This duty extends to both invitees, such as customers or tenants, as well as licensees, which include social guests.
The level of duty owed may vary depending on the relationship between the parties and the reason for the visit.
It must be demonstrated that the property owner breached their duty of care. This requires showing that they either failed to take reasonable steps to address a dangerous condition or created the hazardous condition themselves.
To establish causation, it must be proven that the property owner’s breach of their duty of care was the direct cause of the injuries sustained by the victim. This means demonstrating that the dangerous condition or the property owner’s actions or inactions directly led to the accident and resulting harm.
How Can a New York City Premises Liability Lawyer Help?
We will use our extensive knowledge of New York City’s premises liability laws to determine the legal options available to you. This may include filing a personal injury lawsuit or negotiating a settlement with the responsible parties and their insurance company. Other ways we may support your claim include the following:
- Advocate for your rights
- Consult with medical experts
- Consult with relevant experts to build a strong case
- Ensure that you are not taken advantage of
- Gather necessary documentation Gather evidence Interview witnesses Review surveillance footage
- Gather evidence
- Interview witnesses
- Review surveillance footage
Our skilled premises liability lawyers will also calculate the full extent of the damages suffered by you or your loved one. This includes not only physical injuries but also medical expenses, lost wages, pain and suffering, and any other losses or expenses incurred as a result of the accident.
Have you recently suffered an injury on someone else's property in New York City?
If you want justice and fair compensation for your injuries, Goldberg & Loren is here to help. Our hard-hitting personal injury attorneys have a proven track record of success in premises liability cases and will work tirelessly to hold the responsible parties accountable.
Don’t wait another minute. Contact us today to schedule a free consultation and learn how we can help you with your premises liability case. Your rights and future well-being are too important to delay any longer.
Source:
[1] Bieber, C. (2023, August 21). Slip And Fall Lawsuit Guide 2023. Forbes Advisor. https://www.forbes.com/advisor/legal/personal-injury/slip-and-fall-lawsuit/
Goldberg & Loren Personal Injury Attorneys
5 Columbus Cir Suite 1501
New York, NY 10019
(646) 719-0444
If you or someone you know got injured on someone else's property in NYC, our personal injury lawyers are here to provide support and assist you in obtaining the rightful compensation you deserve. Contact us for a free consultation.
