“Green maintained that I was deserving of a decent settlement, and I got it…despite the fact that the owner had no personal insurance.”
If you are injured on someone else’s property, you may have a valid claim for compensation. The law firm of Friedman, Levy, Goldfarb, Green & Bagley, P.C. can explain your rights and outline the smartest course for legal action. Contact us by phone or through our convenient online form to schedule a free consultation.
For more than 50 years, our NYC attorneys have been successfully advocating for the rights of victims hurt in New York commercial and residential buildings. Our knowledgeable legal team handles complex premises liability cases and represents 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.
Get sound legal advice you can trust from an experienced premises liability lawyer who can place an accurate value on your injuries and who genuinely cares about your recovery.
Premises Liability Laws in New York
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 and occupiers 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 an actionable 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.
If it can be established that the landowner or property manager caused, ignored, or failed to notice an unsafe condition, that individual may be liable for resulting injuries and financial losses.
What Is Duty of Care?
In the context of premises liability, an owner, occupant, or other person or entity in control of the premises has a duty to maintain their property in a reasonably safe condition and to prevent the occurrence of foreseeable accidents, which may include the obligation to warn of potentially dangerous conditions not readily observable through the use of one’s senses.
In New York, the duty to keep a property in a reasonably safe condition is not dependent upon the plaintiff’s status as an invitee, licensee, or trespasser, or upon whether the property is public or private. Instead, the owner must maintain their property in a reasonably safe condition in view of all of the circumstances, including the likelihood of injury to others and the burden of avoiding the risk.
In order to prevail in a premises liability claim, your attorney must demonstrate:
- That the defendant created the dangerous or defective condition that caused your accident
- OR, that the defendant had actual or constructive notice of the condition with enough time to allow them to correct the problem
When facing the prospect of a costly lawsuit, 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. In the same vein, insurance companies may try to argue that the accident was caused, at least in part, by a failure to pay attention.
Your choice of premises liability lawyer plays a pivotal role in establishing the facts of the case and achieving full compensation. Friedman, Levy, Goldfarb, Green & Bagley conducts independent investigations to determine whether the defendant breached their duty of care, and how this negligence resulted in your injuries. We have a long track record of favorable settlements and judgments, thanks in no small part to our diligent investigators, industry experts, and dedicated support staff.
Handling a Wide Range of Complex Premises Liability Cases
Slip and fall accidents account for a large portion of premises liability claims, but this area of law has a much broader scope.
We are prepared to help you recover fair compensation for:
- Elevator accidents
- Sidewalk falls
- Swimming pool accidents
- Slip and fall accidents
- Construction site accidents
- Electrocutions and fire injuries from faulty wiring
- Fallen tree limbs
- Negligent security
- Inadequate lighting
- Amusement park injuries
- Defective road design
- Ceiling collapse accidents
- Parking lot falls
- Scaffolding collapses
- Escalator accidents
- Radiator burns
- Dog bites and animal attacks
- Damaged or missing stairway railings
- Snow and ice accidents
- Toxic exposure
- Improper irrigation and flooding
Consult With a NY Premises Liability Lawyer
If an unexpected injury befalls you while on another party’s property, it is in your best interest to consult with Friedman, Levy, Goldfarb, Green & Bagley as soon as possible. Crucial evidence can be tampered with or destroyed, so do not delay in reaching out for a complimentary case evaluation. In New York, the statute of limitations for filing a premises liability claim is three 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 a missing stair tread – 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. But negligence claims can be exceedingly complex, requiring in-depth knowledge of case law.
In New York, it is widely accepted that a property owner has no duty to warn visitors or guests of potentially dangerous conditions that are obvious and open. It is also well established under New York statutes that landlords and property owners cannot be held accountable for a hazard caused by bad weather if they did not have adequate time to remedy the situation.
It is our job to find the truth of the matter, and whether your accident warrants a legal claim for damages.
Maximize Your Injury Compensation
Falling down an old, poorly lit stairway can leave victims with debilitating harm and years of costly medical treatments. Injuries from slick floors, uneven flooring, and other dangerous conditions 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
- Neck and back injuries
- Herniated and ruptured discs
- Soft tissue injury
- Traumatic brain injury (TBI)
- Eye injuries
- Spinal cord trauma and paralysis
- Shock injuries and burns
- Organ perforation
Whether your injuries are minor or catastrophic, don’t underestimate their effect on your quality of life. Soft tissue injuries can impact mobility, lead to chronic pain, and incur substantial costs for recovery. Our attorneys enlist accident reconstructionists, economists, and medical experts to assign an accurate dollar figure to your losses.
New York 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 have actual or constructive notice of 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.
Damages Awarded in NYC Premises Liability Claims
The value of a premises liability claim hinges largely upon the nature and severity of your injuries and the economic damages resulting from the accident. As your legal advocate, we will pursue all avenues of compensation to account for your losses – both now and into the future.
An insurance settlement or court award can net damages for:
- Hospital and medical bills
- Expenses for physical rehabilitation
- Loss of income
- Reduced earning capacity
- Pain and suffering
- Mental anguish
- Loss of consortium
- Loss of enjoyment of life
- Permanent or temporary disability
Under New York law, you are still eligible for personal injury compensation even if you are partly to blame for the accident. With a skilled attorney in your corner, insurance companies will have a worthy adversary, making it more difficult to falsely drive down the value of your claim.
Premises Liability Attorney New York
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 in NYC who will fight tirelessly on your behalf, you stand a much better chance of recouping money damages to which you are entitled.
Put our experience, collective talent, and dedication to work for you, and schedule a private consultation with Friedman, Levy, Goldfarb, Green & Bagley today.