When property owners fail to keep their grounds reasonably safe and hazard-free, they may be financially responsible for accidents and injuries under New York’s premises liability law. If you sustained injuries on someone else’s property and believe someone else is at fault, you may be entitled to compensation. Contact one of our experienced New York premises liability attorneys at Halperin, Halperin & Weiskopf, PLLC to learn more about your rights.
What is Premise Liability?
When you sustain injuries on someone else’s property, premises liability law governs whether the property owner is at fault for the unsafe condition(s) . New York’s premises liability law cover a variety of accidents, ranging from typical trip-and-fall claims to lead and carbon monoxide poisoning. Specifically, New York premises liability law typically require the injured to prove the following to receive compensation for damages:
- You were lawfully on the property, or the property owner or operator should have been aware you were trespassing on the property.
- The property owner or operator was negligent in ensuring their premises are reasonably safe and hazard-free, and such negligence was the primary cause of your accident and injuries.
- The injuries sustained caused medical or financial damages.
Common Premise Liability Accidents
Premise liability can apply to several types of personal injury claims, so long as the incident was caused by an unsafe condition or hazard on someone else’s property. The most common personal injury cases involving New York premises liability include the following:
- Slip, trip, and fall accidents
- Construction accidents
- Elevator accidents
- Dog Bites and animal attacks
- Toxic fumes and chemicals, such as carbon monoxide poisoning
- Swimming pool accidents
- Inadequate building security
- Inadequate maintenance of premises
What should I do if I sustained injuries on someone else’s property?
- Call 911 and seek medical assistance: Contact the police and request an ambulance if necessary. The police will file an accident report, which can be critical in corroborating your accident and injuries. Even if your injuries are minor, seek medical assistance. A doctor can assess and record your injuries, which is often critical in proving you sustained your injuries from the accident.
- Take Photos and document relevant information: Take photographs of the accident location, hazard(s), and any injuries you sustained. Additionally, you should record a narration of the events leading up to and following your accident. Include relevant information such as the cause(s) of your accident, the date and time of the accident, weather conditions, security cameras, and what you were doing. If anyone witnessed the incident, be sure to record their contact information.
- Consult with an Attorney: Speak with an attorney before providing any statements to the property owner, operator, or insurance company. Doing so can help ensure you receive adequate compensation for your injuries.
How much compensation can I get for a New York premises liability claim?
Because premises liability references a wide range of personal injury claims, compensation is dependent on the nature and severity of the accident and injuries sustained. In some instances, courts may hold the victim partially liable, reducing the overall damages. In typical New York premises liability accidents, victims are entitled to the following forms of damages:
- Past and future medical expenses
- Past and future lost or reduced wages
- Past and future pain and suffering
- Loss of consortium or wrongful death
Why choose Halperin, Halperin & Weiskopf, PLLC?
If you have sustained injuries in a New York premises liability accident, contact one of our experienced personal injury attorneys at Halperin, Halperin & Weiskopf, PLLC for a free, no-obligation consultation. Our experienced New York premises liability attorneys will conduct a thorough investigation to determine the cause of your accident and liable parties and negotiate with insurance companies to ensure you receive proper compensation for your injuries.
While most attorneys avoid going to court, we do not. Our injury attorneys at Halperin, Halperin & Weiskopf, PLLC are experienced trial lawyers with decades of experience in the courtroom. We will take your premises liability case to trial if necessary to get you the compensation you deserve for your injuries.
Statute of Limitations:
You must act quickly as New York State has a short statute of limitations on personal injury claims, and waiting too long could invalidate your claim. For most premises liability accidents in New York State, the statute of limitations only extends three years from the date of the accident; however, this time limit may be longer if the victim of an accident is under 18 years of age. For trip and fall accidents involving wrongful death claims, the statute of limitations extends only two years from the date of the victim’s death. Lastly, it is important to note that the statute of limitations for premises liability accidents is only 90 days if the accident occurred on government-owned premises. In these cases, a Notice of Claim must be filed immediately – within 90 days of the accident.
If you or a loved one has been injured or killed in a New York premises liability accident, let the experienced personal injury lawyers at Halperin, Halperin & Weiskopf, PLLC fight for the money you deserve. Our team of New York premises liability attorneys have decades of experience handling premises liability claims, and our results speak for themselves; whether it’s a trip and fall or a complex elevator accident, our team of attorneys are here to help. Give Halperin, Halperin & Weiskopf, PLLC a call today at (212) 935-2600 or fill out the contact form on our website to schedule a free, no-obligation consultation with one of our experienced trip and fall attorneys.
For more than 40 years, Halperin, Halperin & Weiskopf, PLLC has built a reputation in the legal community for its hard work, diligent representation, and advocacy for victims of negligent wrongdoing, personal injury, medical and professional malpractice, and commercial litigation. Even if you choose not to retain us, our attorneys will give your issue the focus and dedication it deserves—and find someone who can assist you if we are unable. Don’t hesitate to contact us today for a free consultation to discuss your civil litigation matter and any concerns relevant to your personal or business needs. Simply fill out our online form, or call us at (212) 935-2600. We’re glad to serve you.
Halperin, Halperin & Weiskopf, PLLC
18 E 48th Street, Suite 1001
New York, NY 10017