New York Premises Liability Lawsuit
Let’s say you tripped over a parking lot pothole and hurt your leg, or an icy sidewalk caused you to lose your balance and fracture a hip – who is responsible for your injuries and related medical bills? Do you have grounds for seeking compensation by filing a premises liability lawsuit in New York?
New York City is rife with hazards and unsafe property conditions, from shopping malls and elevators to apartment buildings and public sidewalks. But just because you tripped and injured yourself on someone else’s property doesn’t mean you’re entitled to financial recovery.
You need the legal expertise and resources of trusted NY premises liability attorneys at The Sanders Firm to determine your best course of action, as we can quickly establish if negligence was the causal factor. By choosing a personal injury law firm with a proven history of substantial settlements and verdicts, you are optimizing your chances of a successful claim for damages against a property or business owner who failed to maintain their grounds.
At Sanders, our attorneys are all too familiar with the lost income, emotional anguish, physical pain and monetary strains associated with serious injuries, and we’re dedicated to holding reckless and negligent parties accountable for your losses.
Premises liability lawsuits New York
The concept of premises liability encompasses much more than just slip and fall cases. By law, the property owner or operator may be held responsible for any injuries sustained if their own negligence caused this injury.
In order to have a viable premises liability claim, the plaintiff must prove that the defendant either created the dangerous or unsafe condition, or had “actual” or “constructive” notice of the existence of this hazard, but failed to warn about it or correct it with a reasonable time frame.
For example, you injure yourself after falling on some broken steps at a friend’s apartment. The building owner had been notified about the faulty steps on numerous occasions. If it is demonstrated that the property owner knew of this existing hazard, yet failed to address it in a timely manner or warn visiting patrons, a negligence claim may be warranted.
The New York Department of Transportation further outlines the obligations and duties of property owners with respect to lots and sidewalks.
According to the DOT, a substantial defect is considered in situations where:
- One or more sidewalk flag(s) are cracked to such a degree that one or more pieces may be loosened or readily removed
- An undermined sidewalk flag below which there is a visible void or a loose sidewalk flag that rocks
- A trip hazard, where the vertical grade differential between adjacent sidewalk flags is greater than or equal to one half inch or where a sidewalk flag contains one or more surface defects of one inch or greater in all horizontal directions
- Improper slope, in which a flag that does not drain toward the curb and retains water, or the cross slope exceeding established standards
- Hardware defects where appurtenances are not flush within ½ inch of the sidewalk surface or cellar doors that deflect greater than one inch when walked on, are not skid resistant or are otherwise in a dangerous condition
- A defect involving structural integrity
- Cracked or chipped flags or those which are partially or wholly constructed with asphalt or other unapproved non-concrete material
Premises liability claims arising from dangerous conditions
Premises liability litigation entails injuries suffered by a patron, invited guest or licensee as a proximate or direct consequence of the property owner’s negligence.
The Sanders Firm has procured compensation for victims of the following types of premises liability-related injuries:
- Exposure to toxins
- Nightclub assaults
- Dog bites
- Escalator and elevator accidents
- Slips, trips or falls
- Construction site injuries
- Negligent or inadequate security
- Amusement park accidents
- Parking lot falls
- Sporting event injuries
- Cracked or uneven sidewalks
- Defective road design
To substantiate legal responsibility in premises liability lawsuit, our lawyers must establish that:
- The plaintiff sustained an injury
- Dangerous property conditions were present
- The property owner was negligent in maintaining their building and grounds, correcting known hazards or warning guests about known defects
Our attorneys will build a compelling case that demonstrates your injuries could have been prevented had owners simply taken reasonable steps to ensure grounds were maintained. All relevant medical records detailing your injuries and follow-up care are collected, photographs of the accident scene are taken, and depositions from eyewitnesses and industry experts who can lend credence to your claim are secured.
The outcome of a personal injury lawsuit rooted in premises liability hinges upon multiple factors. Did the property owner have a history of building code violations or negligence in routine maintenance? Were appropriate measures taken to caution guests about hazards? Was the unsafe condition one that was foreseeable?
Compensation for serious and life-altering injuries
Whether you or a loved one was harmed in a private residence, at work or in a public venue such as a shopping mall, concert arena or grocery store, a New York premises liability lawyer at The Sanders Firm can help you understand your legal rights and seek full compensation for all economic and non-economic losses to which you are lawfully entitled.
Grave injuries cited in premises liability claims range from broken bones and third-degree burns to spinal cord trauma and paralysis. In short, these are the types of injuries that can bankrupt a family if the victim is the primary breadwinner and, at the very least, place tremendous financial burdens on everyone.
With more than four decades of litigation experience in New York court rooms, The Sanders Firm has the skills and knowledge needed to accurately value your claim, gather convincing evidence and fight for the compensation you need to move on with your life.
Help filing a premises liability lawsuit in NY
If you have been injured from unsafe conditions or inadequate security in a public area or private home, please contact The Sanders Firm for a no-charge initial consultation with our New York slip and fall attorneys. Serving residents of New York City, including Queens, the Bronx, Brooklyn, Manhattan, Staten Island and Long Island for over 46 years, we can assist you with filing a premises liability lawsuit, and never settle for less than you really deserve. Call our offices anytime at 1-800-FAIR-PLAY.
- New York Times, Ruling Deals a Setback to Sidewalk Injury Lawsuits in New York, http://www.nytimes.com/2009/01/04/nyregion/04pothole.html?pagewanted=all&_r=0 New York City
- DOT, Liability of real property owner for failure to maintain sidewalk in a reasonably safe condition, http://www.nyc.gov/html/dot/html/infrastructure/19-152.shtml