When you are injured on someone else’s property, you should first seek medical attention. Once a medical professional has seen you and your injuries have been diagnosed, you may consider pursuing a premises liability claim. This type of claim is based on the legal theory that the owner or possessor is responsible for injuries on their property due to their negligence.
The law in New York is clear that owners and possessors have a duty to keep their premises in a reasonably safe condition. This means that they must take steps to fix any known dangers and warn visitors of potential risks. If they fail to do so and someone is injured as a result, they can be held liable for the victim’s injuries.
There are many different types of premises liability cases. The most common include slip and fall accidents, building accidents, negligent security, and more.
If you have been injured on someone’s property, you may wonder about your legal rights and whether you have a premises liability claim. The first step is to contact an experienced premises liability attorney who can evaluate your liability cases and help you understand your legal rights and options. At the Pagan Law Firm, our experienced New York premises liability lawyer has a proven track record of success in these cases and is here to help you.
What Does Premises Liability Law Cover?
Premises liability law in New York covers a wide range of accidents and injuries on a property. These premises liability cases can be complex, and it is vital to have an experienced attorney on your side who can help you navigate the legal process and obtain the compensation you deserve.
We’ve already mentioned a few of the most common types of premises liability cases: slip and fall accidents, building accidents, and negligent security.
Other common incidents that are still covered under New York law include:
- Dog bites
- Construction accidents
- Elevator accidents
- Inadequate lighting
- Defective stairways
- Hazardous conditions
Listed above are just a few of the most common premises liability lawsuits in New York. If you have been injured on someone else’s property, you must contact an experienced premises liability attorney to find out if you have a valid claim. A lawyer will help you determine if the owner owed you a duty of care, if they breached their duty of care, if you were injured due to their negligence, and if you have suffered any damages. With these four elements, you may have a chance to receive the compensation you deserve.
What Are Property Owners Responsible For?
For a premises liability claim to be successful, the victim must prove that the owner or possessor was negligent in their duty to keep the premises safe. This means that the victim must show that the owner knew or should have known about the dangerous condition and failed to either fix it or warn visitors of the potential risk.
To prove that the owner knew or should have known about the dangerous condition, victims will need to show that:
- The owner created the hazardous condition.
- The owner had actual or constructive notice of the dangerous condition.
The victim can prove that the property owners had actual notice of the dangerous condition if they can show that the owner knew about the danger and did nothing to fix it. For example, if there was a hole in the ground that the property owners knew about but failed to fill, the victim can use this as evidence that the property owners had actual notice of the dangerous condition.
Constructive notice is a bit more complicated. This occurs when the owner should have known about the dangerous condition because it existed for a long enough period that they should have discovered and fixed it. For example, if a loose railing on a deck had been there for several months, the victim could argue that the property owner had constructive notice of the dangerous condition.
The victim must also show that the owner breached their duty to keep the premises safe. This means that the property owner failed to take reasonable steps to either fix the dangerous condition or warn visitors of the potential risk. The steps an owner must take to keep visitors safe depend on each case’s specific facts and circumstances.
Premises Liability Claims Process
It is vital to take action immediately and contact experienced NYC premises liability attorneys. The sooner you take action, the better your chances of success in pursuing a claim.
Once you have contacted an attorney, they will begin investigating your premises liability case and gathering evidence to support your claim. This may include taking photos of the scene, interviewing witnesses, and obtaining security footage. Your attorney will also request your medical records to document the injuries you have suffered.
After your attorney has collected all the evidence, they will send a demand letter to the property owner or insurance company. The demand letter will outline your injuries and the damages you are seeking. If the property owner or their insurance company does not agree to settle your claim, your attorney will file a lawsuit on your behalf.
The premises liability claim process can be complex and time-consuming, but an experienced attorney can help you navigate it and fight for compensation.
Trust an Experienced Premises Liability Attorneys
Trust is one of the most important aspects of a relationship between a New York premises liability attorney and a client. At the Pagan Law Firm, we pride ourselves on the individualized attention we provide to each one of our clients. You can be confident that your premises liability case is in good hands when you work with us.
Our premises liability lawyers have decades of experience handling claims in New York. We have a proven track record of success and have recovered millions of dollars for our clients.
Contact us today by calling 212-967-8202 to schedule a free consultation with one of our experienced premises liability attorneys. We will review your case and discuss your legal options with you.