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