If you have been injured by a dangerous condition on private property or in a public place, the law firm of Friedman, Levy, Goldfarb & Green, P.C. will explain your rights and outline the smartest course for legal action. You may be entitled to substantial compensation if represented by a highly skilled NYC premises liability lawyer at our firm. Our knowledgeable legal team leverages over five decades of experience litigating complex premises liability cases, and advocates for clients in Manhattan, Brooklyn, Bronx, Queens, Long Island and across New York state. Whether your accident occurred at a department store, a friend’s home or on a public sidewalk, we have the resources to achieve justice and maximum compensation.
Premises Liability Law
Thousands of people are seriously injured every year because of hazardous conditions on public and private property. Premises liability law stipulates that New York property owners owe a duty of care to ensure their grounds are free of obvious and potential dangers that could harm patrons and guests. There is a common misconception that a slip and fall on another person’s property makes a viable claim for damages. Even if a slick floor caused the accident, an attorney must establish that the owner should have been aware of the danger and was negligent by not warning guests or taking reasonable measures to fix the problem.
Common Types of Premises Liability Cases
Slip and fall accidents account for a large portion of highly publicized premises liability claims, but this area of law has a much broader scope. The Law Offices of Friedman, Levy, Goldfarb & Green has extensive expertise handling premises liability lawsuits involving:
- Elevator accidents
- Sidewalk falls
- Swimming pool accidents
- Slip and fall accidents
- Negligent security
- Construction site accidents
- Fallen tree limbs
- Inadequate lighting
- Amusement park injuries
- Defective road design
- Parking lot falls
- Scaffolding collapse
- Escalator accidents
- Electrocution and fires
- Dog bites and animal attacks
- Damaged or missing stairway railings
- Snow and ice accidents
- Toxic exposure
- Improper irrigation and flooding
If unexpected injury befalls you while on another party’s property, it is in your best interest to consult with a seasoned attorney as soon as possible. In no other type of matter is immediate action more important than in a premises liability case, so do not delay in reaching out for a complimentary case evaluation. In New York, the statute of limitations for bringing a premises liability claim is two years from the date of injury, and much shorter if the defendant is a municipality or government agency.
Unsafe conditions – whether a piece of torn carpeting or an icy sidewalk – have the potential to undermine your health, your happiness and quality of life. Property owners, managers and operators of retail establishments, apartments, office buildings, hotels, restaurants and government buildings have a legal obligation to safeguard visitors from foreseeable harm. When this duty is breached, victims are entitled to monetary recovery.
What Is Duty of Care?
In the context of premises liability, property owners owe a duty of care toward people on their grounds that is determined by the relationship the injured party has to the owner. An “Invitee,” someone who has express permission to be on the premises, is afforded a much higher duty of care than someone who is trespassing illegally.
New York law characterizes three categories of visitor – each of whom is owed a special duty of care.
- Invitee – This class of visitors is most protected by the law in that property owners must ensure they are protected from and cautioned about any type of condition that could result in foreseeable harm. Owners must perform routine property inspections, take prompt measures to fix unsafe conditions or warn invitees about them.
- Licensee — A licensee is someone who has permission to be on the premises but is not exchanging benefits with the owner, such as a houseguest. Owners are not legally required to make routine inspections or fix hazardous conditions right away, but they are obligated to warn licensees about potential dangers.
- Trespassers — A property owner is not required to address dangerous conditions or warn people who are trespassing about them. However, owners may be held liable if the accident involves a child who accessed the property because of negligent safety measures (i.e. a toddler wanders into an unsecured backyard and drowns in the pool).
When facing the prospect of premises liability litigation, a defendant may raise an affirmative defense to avoid responsibility. Assumed risk is among the most commonly used defenses and argues that the plaintiff was or should have been aware of a risk of injury but proceeded anyway.
Your choice of attorney can play a pivotal role in establishing the truth of the case and achieving full compensation. Friedman, Levy, Goldfarb & Green boasts a long track record of favorable settlements and judgements, thanks in no small part to our diligent investigators, medical experts and excellent support staff.
Premises Liability: Establishing Negligence
Life-altering hazards can creep up at moment’s notice or go neglected for months on end. Accidents can and do happen, but there are certain kinds of dangers – standing water, uneven pavement, or missing handrails, that a reasonable person should be aware of.
The courts examine all facets of the case to determine if the property owner was negligent.
- Did the property owner or operator cause the unsafe condition that resulted in injury?
- Did the owner know about the hazard but failed to remedy the problem?
- Did the owner fail to take reasonable steps in maintaining their property, thus missing the obvious dangers?
The key to a successful premises liability claim lies in prompt investigations that uncover the reckless or negligent actions of a property owner. Our lawyers act swiftly to ensure vital evidence is preserved along with accident and medical reports that speak to the underlying reasons and consequences of your injury.
Common Injuries Sustained
Falling down an old, poorly lit stairway can leave victims with debilitating harm and years of costly medical treatments. Premises liability injuries can run the gamut from minor ankle sprains to severe brain trauma and amputation.
Some of the most prevalent injuries seen in premises liability cases are:
- Bone fractures
- Herniated and ruptured discs
- Torn ligaments and soft tissue injury
- Spinal cord injury
- Traumatic brain injury (TBI)
- Shock injuries and burns
- Organ perforation
How a NYC Premises Liability Lawyer Can Help You
Suffering catastrophic harm through no fault of your own seems doubly unfair when considering the financial, emotional and physical hardships that ensue. By partnering with a capable premises liability attorney who will fight tirelessly on your behalf, you stand a much better chance of recouping money damages that adequately account for hospital and medical bills, lost wages, loss of future earnings, pain and suffering as well as rehabilitation therapies.
Put our experience, collective talent and dedication to work for you, and schedule a private consultation with Friedman, Levy, Goldfarb & Green today.