When you enter a commercial or private premise that is maintained by another individual or organization, you are well within your rights to expect that your legal visit to the property is safe and free of hazardous situations. If a property owner or property maintenance fails to keep their property up to a reasonable level of safety for visitors and you are ultimately injured as a result, you may be eligible to seek financial compensation from them in the form of a premise liability lawsuit or settlement.
In order to be able to seek damages in a premise liability case, there are a number of factors that you will need to consider and be certain that your situation is covered by. The best way to do this, as well as the best way to move forward with a high chance of success, is to partner with an experienced personal injury lawyer in New York City who has a history of working with premise liability cases. Contact the team at Rosenberg, Minc, Falkoff & Wolff, LLP as soon as possible to schedule a free initial consultation to learn more about your own rights and options, as well as to get a better idea of how we have helped others in similar situations to your own.
Read more below to learn more about some general premise liability information, and schedule your free consultation now. The following information is intended to provide a general overview of this type of personal injury case in New York, but once you are speaking with an experienced legal professional during your initial consultation you will be able to get a much clearer idea of your own circumstances and understand the path forward more.
When you visit someone’s property, you are absolutely correct to expect a safe environment. This means that the owner of the property, or in some cases the management company responsible for maintaining the property, must keep the area free of hazards, and remedy any issues that could lead to an injury within a reasonable amount of time. For instance, if you visit a shopping plaza, you should be able to walk along the halls or in the stores without needing to fear for your safety because of maintenance issues that have been unresolved, like wet floors or falling debris.
If you are injured in a situation where the responsible party clearly should have fixed the issue before you were injured, you may be able to seek financial compensation from the party or their insurance provider to cover the financial impacts that this injury has on you, including things like medical bills, lost wages, and personal issues that you have suffered relating to your pain.
In order for an injury to qualify for a premise liability case, it must meet some high-level criteria before we are able to get into the details of the situation:
While the above requirements may sound fairly straightforward, simply determining whether or not you are eligible to seek damages is only the start of a complicated process.
As you can imagine from the requirements for a premise liability case in New York City, there are many situations that can arise where the victim is within their rights to seek damages. However, the following are some examples of the most common types of injuries that go through the New York courts:
When a building has a leak or a staircase is covered in ice after low temperatures, it is the responsibility of the owner, lessee, or property management company to ensure that all walking surfaces are safe for public travel, or that precautions are taken to prevent people from traveling across the area until the issue is resolved.
Stairs must be built to a standard set forth by the New York building codes, which require treads to be a certain depth, handrails to meet certain criteria, and more. In addition to the codes that regulate how the stairs must be built, there are expectations that these requirements are upheld. If a staircase has a broken tread, missing handrail, or other hazards, the owner must fix it or be responsible for any injuries that arise from their decision to ignore the issue.
Escalators and elevators are extremely helpful and convenient for visitors to large areas with multiple floors, but they require ongoing care and maintenance to ensure that they are up to the required safety standards. If you are injured on an escalator or in an elevator, we will go through the details of the situation in order to understand what your rights were, and how we can build a case that increases the likelihood that you are compensated for your injuries.
This covers a very wide range of circumstances that also includes the previously mentioned issues. “Defective conditions” may involve a situation like broken or cracked pavement or walkways, cave-ins in floors or ceilings, or possibly even a situation where a fence failed to keep a child from accessing a pool.
The sooner you are able to begin working with our team, the more time we will have to build a strong case that will increase your chances of getting a settlement or damages award that you rightfully deserve. These cases can be complicated and will require many different steps in order to determine the responsible party, build a case that clearly indicates their negligence, as well as calculating the damages that you are rightfully entitled to as a result of your injuries.