Premises Liability Law New York: Who Is At Fault For My Injury?
The term “premises liability” refers, in essence, to responsibility for conditions or activities on some property or premises. Property owners, including municipalities, have a duty to keep their premises in a reasonably safe condition and to remedy any dangerous conditions that they knew or should have known about.
Landlords are responsible for repairing unsafe conditions in tenants’ apartments, as well as common areas such as hallways, elevators and garages. Tenants or lessees may also be responsible for unsafe conditions in their apartments or places of business. When the failure of property owners, tenants or lessees to perform their legal duty of inspecting, repairing and maintaining their properties results in serious injuries, they can be held accountable.
At Arye, Lustig & Sassower, P.C., in New York City, our personal injury lawyers have significant experience representing accident victims in premises liability cases. We have been representing injured people since 1965. Contact us online, call us at 212-732-4992 or call us toll free at Arye, Lustig & Sassower, P.C. for a free consultation.
Highly Experienced Attorneys For Your Injury Case
Our firm has more than 50 years of experience helping people recover compensation in personal injury cases. We have achieved significant verdicts and settlements in premises liability and other injury cases. We represent people injured in a wide range of premises accidents:
- Slip-and-falls and trip-and-falls: One of the most common types of premises liability accidents is a slip-and-fall. Any dangerous situation that was known to the property owner and not corrected can lead to a fall.
- Assaults and negligent security: If you have been injured after someone else has assaulted you, you can take civil action against them even if they are already facing criminal charges. You may also be able to take action against the property owner of the location where you were assaulted if the property owner’s premises security was negligent or insufficient.
- Elevator accidents: Defective elevators, unsecured elevator shafts, elevator misleveling accidents or other elevator accidents can result in serious injuries. You may be able to take action against the property owner or the elevator maintenance company.
- Lead paint cases: Since lead paint has been proven toxic to people and animals, its use is prohibited. Unfortunately, there are many homes and other properties where people live, work and play that have leftover lead paint from when the property was originally constructed, exposing individuals (and especially infants) to the potential for lead paint poisoning.
- Accidents at schools and playgrounds: Children often become injured in accidents on a playground or at school. You may have a right to take action against any negligent party whose actions or lack of action resulted in the accident.
- Unsafe conditions: When an unsafe condition exists on someone else’s property, visitors can sustain very serious and life-altering injuries. We handle premises liability cases that stem from unsafe conditions at day care centers, nursing homes, apartment buildings, co-ops and condominiums.
- Amusement park accidents: Whether you have been injured on a ride that malfunctioned or in an incident that happened in the park, you may have grounds upon which to seek compensation for your amusement park injuries.
Some of the most common premises liability injuries we see
As specialists in New York premises liability law, we see a huge amount of injured clients every year. Some of the most common injuries our attorneys see include:
Cuts and lacerations
Electric shock injuries
Spinal cord injuries
Tragically, we also deal with many cases where people have lost their lives because of negligent property owners. Sometimes, the deceased person was involved in a fatal accident – but in other cases, lasting effects of the injury have led to the person passing away.
We realise we’ll never be able to fill the void a lost loved one leave behind – but we’ll fight with absolute grit and determination to make sure a death of a loved one doesn’t leave a financial hole in your future.
What happens if you feel partly to blame for your accident?
Lots of people with perfectly legitimate premises liability claims miss out on justice and compensation because they think they were partly to blame for their accident.
If you’re worried about bringing a lawsuit because you think you could have contributed to the accident, we strongly encourage you to get in touch.
When you’re on someone’s property, the legal emphasis is on them looking after you. Now, there are some instances where that’s impossible – but the law is clear that the property owner should be taking reasonable and appropriate steps to ensure your safety.
From your point of view, it’s very difficult to say what’s reasonable and appropriate. What seems like a genuine mistake at first could actually be one incident in a long line of people getting hurt in the same way you have.
Don’t let your first impression sway your decision. A detailed investigation by experienced premises liability lawyers will decide if there’s a case to be answered. In a world where “a penny saved is a penny earned” – you’d be amazed at just how many unsafe shortcuts are made.
Don’t delay – some premises liability claims have to be started quickly
New York premises liability law states that you usually have three years to file a lawsuit in court. However, it’s important to underline that ‘usually’ – as there are lots of instances when this three-year timeframe doesn’t apply.
For example, if you’ve been hurt on municipal property (that belonging to the government or a government agency), then this timeframe is reduced to just 90 days. Equally, if an accident on any premises has resulted in a death, then the time window is reduced to just two years.
As well as differing time scales for different cases, there are other import factors to consider when thinking about how quickly you should speak to a New York premises liability lawyer. We may need to call on witness accounts and official paperwork to strengthen our case – and these things can fade or become unavailable as time passes.
Put simply, if you’re considering instructing New York premises liability lawyers to bring a personal injury lawsuit on your behalf, the best time to act is now.
Sample Premises Liability Claim Results
$2.21 million settlement during trial for catastrophic injuries for premises liability for a 25-year-old woman working as live-in nanny who was exposed to toxic acetone fumes when employer’s home was cleaned (without her knowledge) to remove paint. She suffered toxic demyelination of the brain.
$650,000 settlement for premises liability for a 50-year-old tenant who fell entering elevator in his apartment building that was misleveled, and suffered injuries to the neck and back. He required two laminectomy/fusion operations for the lumbosacral spine, but defendants argued that his surgery was due to a serious motor vehicle accident that occurred six years earlier.
$500,000 settlement in a premises liability case for a 36-year-old firefighter who fell on rusted and bent steps on a fire escape, with resulted in aggravation of a pre-existing herniated/bulging disc.
What do premises liability cases involve?
When our experienced team approach premises liability lawsuits, we understand exactly what’s required to make sure you get the financial compensation you deserve.
Our approach begins with establishing a duty of care. New York law has some very clear guidelines around how private property owners and businesses should protect people who use their premises.
We then look at how that duty has been breached. Sometimes, this kind of investigation is simple – but in other cases, blame doesn’t land with just one person or company. A premises liability lawsuit may expand to include product liability law, professional liability, environmental law – and much further. Suffice to say; we won’t stop until the right people are held to account.
Beyond this, we’ll look at how your personal injury relates to the negligence of the people or companies responsible. Then, we’ll fully document the damages you’ve faced as a result of your accident.
Premises liability cases are rarely straightforward – but with an experienced New York premises liability lawyer on your side, you can be confident you’ll get the maximum compensation for the pain and suffering you have experienced.
What does a free consultation involve?
Some people are hesitant about the idea of pursuing their premises liability case because speaking to an attorney can feel a little intimidating. At Arye, Lustig & Sassower, P.C., we do everything we can to make sure your experience is friendly and relaxed.
That starts with your free consultation. We won’t tie you up in legal terms – instead, the New York premises liability attorney you’re talking with will take the time to really listen. Whether your account of your accident takes 5 minutes or an hour – we’ll work at your pace, and we’ll never rush you.
Although part of us meeting with you is to talk about the legal work we’ll do and the details of your case, you getting to know us is one of the most important factors. We’re going to work closely with you over the coming months – and we’re going to fight hard for compensation following your premises liability accident. As such, it’s important that you feel we’re right for the job – and the best way to decide is meeting with our NYC premises liability attorneys in person.
Contact Our New York Premises Liability Attorneys
If you or a family member suffered a serious injury as a result of a property owner’s negligence, contact Arye, Lustig & Sassower, P.C., by email, call our Manhattan offices locally at 212-732-4992 or call us toll free at 800-574-4LAW. Your first consultation is free of charge, and you will not pay attorney’s fees unless we secure compensation for you.