What Is Premises Liability?
Property owners have a duty to maintain their property in a way that keeps others safe. If someone gets injured because a property owner fails to keep their property safe, the injured party may be eligible to bring a premises liability lawsuit.
If you have been injured on someone else’s property, contact Denlea & Carton to speak directly with a White Plains premises liability lawyer. Our attorneys have recovered over $100,000,000 on behalf of injury victims in verdicts and settlements. Call (914) 368-7168 for a free consultation.
Premises Liability Lawsuits in New York
Premises Liability Lawsuits in New YorkPremises liability lawsuits in New York generally concern the same, main legal concept: negligence. Negligence generally means that someone had a legal duty to do something (or to not do something) and that when they breached their legal duty someone was hurt as a result of the breach. The injury suffered by the victim may be physical, but it can also be property damage or even emotional damage.
Negligence and premises liability both fall into an area of law in New York known as personal injury law. Personal injury law is part of New York civil law. Most civil lawsuits are filed between private citizens. This can be two people, a person, and a business, or even a person and a government agency.
Types of Premises Liability Lawsuits
The most common types of premises liability lawsuits include:
- Slip and fall accidents, including those caused by snow or ice
- Defective conditions of the premises, including broken city-maintained sidewalks
- Inadequate premises security that results in an assault or other physical injury
- Dog bites, including dogs who are roaming the street
- Swimming pool accidents
- Amusement and swim park accidents
- Injuries caused by fire
- Flooding or other water leaks
- Toxic fumes or chemicals
This list of premises liability lawsuits is not all-inclusive. If you believe that you have a premises liability lawsuit, call our firm now to schedule your free case evaluation with an experienced White Plains premises liability lawyer.
New York Slip and Fall Statistics
According to the New York Department of Health, fall-related injuries are the leading cause of hospitalizations for children ages 0-14 and adults over the age of 25. Tens of thousands of New Yorkers are hospitalized for severe fall-related injuries each year. When a fall is the result of someone else’s negligence or carelessness, you deserve to be compensated for your injuries.
At Denlea & Carton, our experienced White Plains premises liability attorneys can help you obtain the maximum compensation for your injuries. Falls can be devastating, resulting in life-threatening injuries that may take years of rehabilitation. As noted by the Centers for Disease Control and Prevention, one in five falls results in serious injuries, including traumatic brain injury.
Common Injuries in Premises Liability Cases
Because premises liability covers a variety of different types of cases, injuries can also vary widely.
Some of the most common types of injuries related to premises liability cases include:
- Head and neck injury
- Broken bones
- Lacerations
- Spinal cord injury
- Lung damage
- Muscle or tissue damage
- Amputation
- Loss of life
If you were injured because of someone else’s negligence or wrongdoing, you might be entitled to compensation. It is always recommended that you speak with an attorney as soon as possible after an accident to determine your legal options. Contact our office to speak directly with a White Plains premises liability lawyer if you were injured on another person’s property.
Why Should I Hire an Attorney?
Without the help of an attorney, you may not be able to get the maximum recovery available in your case. A lawyer can subpoena evidence and may conduct witness interviews to help determine liability in your case and go after all responsible parties.
Shortly after an accident, you may be contacted by an insurance representative and offered a settlement. You should never accept a settlement without having your case reviewed by an experienced White Plains premises liability attorney. Early settlement offers rarely reflect the full value of your case. Do not sign anything related to your case until you have consulted with an experienced, knowledgeable lawyer.
Proving Liability in a Premises Liability Case
There may be one or more parties that can be held liable for your injuries. An attorney can conduct an independent investigation of the accident to determine who should be held responsible and the fair amount of damages to be requested.
In general, under New York law, a person in control of a property must use reasonable care to keep the property in a reasonably safe condition. There are limitations to this duty, but a property owner or someone in control of the property may be held liable if there is an unsafe condition that they knew or should have known about that caused harm to another person.
Unsafe Conditions on a Property
In order to determine whether you have a cause of action against a negligent property owner, there are several factors that must be considered. Depending on the circumstances of the case, you may have to show that there was a defective or unsafe condition.
Examples of unsafe conditions include:
- Loose wiring
- Uneven flooring
- Poorly lit stairwells
- Spilled liquids
- Obstructed walkways
Furthermore, you may have to show that the owner or person in control of the property knew or reasonably should have known about the condition and did not adequately warn or remedy the hazard. Premises liability can be a complex area of law; proving your case may take legal representation. It is always in your best interest to consult an attorney if you are seriously injured on another person’s property.
Other Considerations in Premises Liability Cases
Pursuing litigation against a negligent property owner can help cover any expenses related to your injuries, such as medical bills, lost wages, and loss of future earning capacity.
In order to prove your case, an attorney may look into:
- Did the property owner create the dangerous condition that caused your injuries?
- Did the property owner or person in control of the property conduct regular inspections?
- Were you adequately warned about potential hazards on the property?
- Was there any culpable conduct that may have led to your injuries?
It is important to note that even if you were partially responsible for your injuries, you might still be able to collect against a negligent owner. Your recovery, however, may be reduced based on your contributory negligence or comparative culpable conduct.
Damages in a Premises Liability Case
If you are injured on someone else’s property, you might be entitled to damages or compensation for your losses.
Common damages in premises liability cases include:
- Medical bills
- Future medical expenses
- Cost of rehabilitation or therapy
- Lost wages
- Loss of future earning capacity
- Pain and suffering
- Mental anguish
In order to determine how much your claim is worth, contact our office to speak directly with a knowledgeable White Plains premises liability lawyer. Our attorneys have recovered millions on behalf of injury victims and can assist you in determining what damages you should seek.
How We Can Help
At Denlea & Carton, we have been representing accident victims and their families for over 35 years. We know what it takes to win cases and always provide our clients with compassionate, aggressive legal representation.
If you are injured, you may be unable to work or afford your monthly expenses. We can help recover money on your behalf so that you are not financially burdened after an accident. You should never have to pay for someone else’s wrongdoing. Our White Plains premises liability attorneys will work hard to get you the maximum compensation for your case.
When Should I Contact an Attorney?
You should always contact an attorney as soon as possible after an accident. Negligent owners routinely try to deny responsibility after someone is hurt on their property, and insurance representatives may try to offer you substantially less than your case is worth. In order to get the most money after an injury on someone else’s property, it is best to consult with an attorney immediately.
In addition, failure to bring your claim within the statute of limitations may result in a bar to your recovery. Under New York Civil Practice Law & Rules section 214 (5), you only have three years to bring an action to recover damages for personal injury. While there are limited exceptions, you need to act fast to protect your right to recovery.
Contact Denlea & Carton for a Free Consultation
Have you been injured on someone else’s property? Contact Denlea & Carton to discuss your case with a White Plains premises liability lawyer. We have a proven track record of success and will provide you with the ethical, reliable representation you need to get the results you deserve.
Call (914) 368-7168 or fill out our online contact form to speak with an attorney today. Do not sign anything without calling our office first. You should never have to settle for less than your case is worth.
