Premises Liability Attorneys Serving New York City

What Happens When You Go to Court for a Premises Liability Case in New York?

To file a successful premises liability lawsuit, you and your lawyer will need to file a claim by the deadline based upon a theory of fault that is recognized under the law and supported by evidence gathered in a careful and thorough investigation.

Once a premises liability lawsuit is commenced, the lawyers for all sides will exchange information and documentation in a process known as “discovery”. During this time, the responsible party or parties have an opportunity to offer a settlement of your claim.  In some instances, an offer of settlement early in the legal process will be significantly less than the full value of your claim.

Your lawyers will carefully evaluate any offer to ensure that it is fair and just and provide advice throughout the process. We will never settle without your permission, and we will fight for you to recover the best possible settlement.

What Evidence Do I Need to File a Premises Liability Claim in New York?

You need to show evidence to file a claim that shows that the other side acted negligently.

This means that in order to bring a successful premises liability claim in New York, you do not need to prove that a property owner or other party intentionally caused your injuries. Instead, you only need to prove that a hazardous condition on their property caused or contributed to your accident and that the condition was either caused by that party or that the party knew or should have known about the dangerous condition before your injury.

With the help of a New York premises liability lawyer from Dansker & Aspromonte Associates LLP, we will identify, gather and present evidence that shows that a property owner or other party failed to act reasonably in causing your injuries.

All Property Owners and Others Have a Duty of Care

Property owners owe a duty of care to keep visitors and occupants safe. Regardless of whether a party was visiting for personal or commercial purposes, a property owner may be held liable if a defective condition on their premises leads to an accident. Defective conditions can include some of the following hazards:

• Cracked, damaged, or uneven sidewalks: These conditions can lead to trip and fall accidents that cause broken bones and traumatic brain injuries, according to the Centers for Disease Control and Prevention (CDC).
• Slick or wet floors: If left unaddressed, these conditions can lead to slip and fall accidents.
• Ice and snow: Property owners and others have a duty to address ice or snow that can pose a potential danger.
• Poorly lit or unlit areas: Unlit stairwells and alleyways can result in assaults due to negligent security practices.
• Inadequate security measures: Missing or broken locks, as well as other forms of inadequate security measures on a property, can result in injuries to tenants and visitors.

You or a loved one may have suffered injuries due to hazards other than those listed here.

Types of Evidence that Can Prove Negligence in Premises Liability Claims

Some types of evidence we may gather that may be helpful in proving the liability of a property owner or other party may include:

• Photographic evidence: Pictures of your injuries and the accident scene can prove not only what happened but also who is at fault for the accident.
• Video evidence: Surveillance cameras may have captured the moment you were injured, as well as the conditions of the accident site before and after the incident.
• Witness statements: Witnesses can potentially testify to your injuries, how the accident occurred, and whether the property owner knew about the hazard.
• Statements from expert witnesses: In some cases, we may need to enlist the help of expert witnesses. This could include a medical expert to establish how long your injuries might affect you, or an accident reconstruction expert who can help us determine exactly how your accident happened.
• Official documentation: Police reports, your medical records, and corporate accident reports can provide detailed accounts of what happened.

There are many other forms of evidence that could potentially support your case. A New York premises liability lawyer from Dansker & Aspromonte Associates LLP will work carefully and diligently to gather evidence as soon as possible so that it can be preserved before it is lost.

Can I Sue Someone if I Hurt Myself on Private Property?

Yes, you can sue someone if you hurt yourself on private property. It ultimately does not matter whether you were injured on public or private property; all property owners and others have a legal obligation to keep their premises safe for visitors.

Many people are unclear about what the term “private property” actually means. Private property is an area that is not owned by the government. So, for instance, your friend’s apartment or your neighbor’s house would be considered private property. The law even considers most stores to be private property, although they are accessible to the public and welcome guests.

Falls that occur on public sidewalks in New York City are a very common example of a premises liability case. Depending upon the unique facts present in your case, a sidewalk fall may be the result of negligence by the City of New York, a private landowner, tenant, a public agency such as The New York City Transit Authority or Con Edison, or others.

The state of New York, unlike other states, does not differentiate between visitors or trespassers. In some states, if you were injured as a trespasser on another party’s land, you would be ineligible to recover compensation. New York does not make this distinction.

To recover compensation, you must prove that a property owner or other party acted negligently.

What Is a Premises Liability Case?

A premises liability case centers around the idea that a property owner did not make their premises reasonably safe for others. A property owner or other liable party in a premises liability case could be an individual, corporation, or government agency. Claimants in these types of cases claim that because the premises they visited were not safe, they were wrongfully injured.

Premises liability cases can involve:

• Negligent security practices: Property owners, whether they control public or private property, must employ adequate security measures. The extent of these security measures depends on the property. For instance, bars and nightclubs should employ security personnel. Apartment complex owners may protect tenants from assault by installing security cameras.
• Slip and fall accidents: Slip and fall accidents account for countless hospitalizations each year. Business owners and homeowners have an obligation to keep walkways clear of debris, spills, or other hazards. At the very least, they must post warning signs alerting visitors to the danger.
• Dog bites: In New York, dogs must be on a leash in public areas. If a dog owner fails to prevent their pet from hurting others, they could be held liable for any resulting damages.

There are other situations that can qualify as premises liability cases. Many of these cases are resolved via out-of-court settlements, per the American Bar Association (ABA).

How Long Does a Premises Liability Claim Take to Settle in New York?

Each premises liability claim comes with its own set of circumstances. How long your case takes to settle will depend on the details of your case, the evidence, the parties, the nature of your injuries, and where you were hurt. Because each case is so different, there is no way to generalize how long it takes for the average premises liability claim to settle in New York.

Your New York premises liability lawyer will try to settle your case as quickly as possible while at the same time ensuring that you recover the best possible compensation. Often the at-fault party or their insurance companies will make an offer to settle the case at an early stage in the claim process but typically early settlement offers do not fully compensate for all the damages and may be grossly unfair.

How Can I Prove Negligence in a Premises Liability Claim in New York?

You can prove negligence in a premises liability claim in New York by establishing the following:

• Duty of care: You must establish that the negligent party owed you a duty of care. All property owners have a legal obligation to keep their premises safe. All dog owners have a responsibility to keep their pets from harming others. This element in your case may be relatively straightforward.
• Breach of duty of care: You must show that the other party did not uphold their duty of care. For instance, if you slipped and fell at a store because management did not clean up a spill, this negligence would breach their duty of care.
• Causation: You need to demonstrate that the other party caused or contributed to your accident. Going back to the previous example, if you slipped and fell at the store, you must prove the element that caused your accident.
• Damages: If the evidence shows that another party was negligent, you are entitled to recover fair and reasonable damages for all physical, emotional, and financial damages. This includes money for your pain and suffering resulting from all physical and emotional injuries as well as any medical expenses and lost earnings. These damages may be available in the future if the evidence shows that your injuries are permanent.

How Much Does It Cost to Hire a Premises Liability Lawyer in New York?

If you are hesitant to hire a premises liability lawyer on our team due to the costs, don’t be. When you work with us, you will not be charged:

• Upfront
• Out of pocket
• Hourly
• Retainers

We understand that you might be in a difficult financial situation, and we don’t want to add to it. Instead, we will wait to take our payment once you receive compensation. If we can’t recoup your damages for you, then you will not be responsible for paying us—we walk away.

What Can a New York Premises Liability Lawyer Do to Help You?

After getting injured in an accident in New York, the thought of taking legal action might seem insurmountable. Dansker & Aspromonte Associates LLP is no stranger to the legal process, as we have been representing clients like you since 1988.

When you hire us, we take on the responsibilities of:

• Ordering the incident report
• Compiling and organizing evidence
• Demonstrating the other party’s negligence
• Managing all communication with the other party’s representatives
• Fighting for an appropriate settlement on your behalf
• Adhering to all state-mandated deadlines
• Disputing your case in court, if it comes to that

Our injury lawyers work for you, so don’t be afraid to reach out to them if you are ever apprehensive about certain aspects of your case or have questions about the legal system in general.

When Can I Expect to Get Paid from My Premises Liability Claim in New York?

There are many factors that play a role in how long it takes for your claim to be resolved and to recover money for your damages:

• The At-Fault Party or Parties’ Cooperation: Your lawyer will present the liable party or parties with the evidence and full extent of your injuries. If the at-fault parties deny responsibility for the happening of the accident or dispute any aspect of your claim, your case may take longer to settle.  Very often when there is more than one at-fault party, disputes between those parties will also delay the resolution of your claim.
• The Full Nature of Your Damages: Our lawyers will never suggest that you resolve your claim until we have a clear picture of the full nature of your injuries and whether you will require future medical care or have permanent injuries. A quick resolution of your case is often a mistake in cases involving serious or protracted injuries because once you settle your claim you may never request additional money if your medical condition worsens or you require more medical treatment.
• The Strength of Your Evidence: You cannot expect to receive compensation for your losses based on your words alone. You must refer to evidence to secure compensation. The stronger your evidence, the easier it will be for your lawyers to fight for the best recovery for you.  On the flip side, however, the weaker the evidence, the less likely the at-fault parties will offer satisfactory compensation.

There are other factors that could prolong the progression of your case. Dansker & Aspromonte Associates LLP has over 30 years of experience. Since 1988, we have been defending the rights of injured claimants throughout the New York City metropolitan area.

We understand the tasks and obligations that go into building a successful case. Our main goal is to help you recover maximum compensation for your premises liability case as soon as possible.

Does Premises Liability Cover Assault in New York?

Yes, premises liability does cover assault in New York. All property owners, property managers, and others have an obligation to keep their premises safe. This includes hiring security personnel, making sure that the property is secured, and removing security threats from the property.

If you were assaulted in New York while on another party’s property, you may have a successful claim for negligent security. Property owners and others are responsible for:

• Fixing broken locks or doors: Property owners must protect others from getting hurt. This includes making sure that perpetrators do not enter a property and assault people. Property owners must monitor their premises to minimize the risk of assault.
• Hiring security personnel: Bars and nightclubs can be hotbeds for assault. Property owners must hire security personnel to break up fights, remove aggressors from the property, and keep trespassers from entering the premises. Otherwise, if another party gets assaulted, they can be held responsible.
• Installing security cameras: Some perpetrators scope out certain areas before committing an assault. They may target areas that are not properly secured. Security cameras not only record certain events but also deter attackers. Property owners can exercise their duty of care by employing certain measures to reduce the risk of injuries.

If I Suffer an Injury on Public Property, Is the City Liable in New York?

This ultimately depends on the specifics of your case and how you were injured. To hold the city liable for your losses generally for a sidewalk or roadway accident, we must prove that the City of New York had prior written notice of the specific condition which caused your injury.

The City of New York is responsible for maintaining sidewalks, streets, and curbs. Unfortunately, slip and fall accidents occur often, and if you are injured due to a defect, such as a hole or crack on a public street, you can only sue the City of New York if:

• The City had prior written notice of the defective condition, filed with the proper agency at least 15 days before the accident occurred
• The City or someone on its behalf actually caused or created the condition that led to the injury

Claims against the City of New York must be brought within a specific deadline.  If you fail to file a document known as a Notice of Claim within 90 days of your incident, you may be forever prevented from recovering any compensation from the City of New York.

What Safety Standards Do Property Owners Have to Have in Place in New York?

The safety standards that property owners must have in place depend on the areas they maintain. In general, property owners must act reasonably to maintain safe premises.

For instance, store managers are responsible for:

• Keeping walkways clear of spills and debris
• Sealing off areas that present certain hazards
• Removing aggressors from the premises
• Regularly inspecting the premises to make sure the premises are safe

Property owners that lease spaces to tenants must:

• Respond to work orders in a timely manner
• Make sure that certain areas have adequate lighting
• Board up cracked or broken windows
• Ensure that stairways have proper railings
• Inspect all common spaces to check for dangerous or defective conditions

Property owners must also be diligent in foreseeing certain hazards that could hurt people. For instance, if there is a chronic leak in an area that routinely forms a puddle, the property owner or manager can reasonably assume that this hazard could hurt someone.

Who Can I Sue in a Premises Liability Claim in New York?

You can typically sue in a premises liability claim in New York the party who owned the property where your accident occurred. For instance, if you were injured while visiting a chain grocery store, you may be able to sue the owner of the property that was leased to the grocery store. Other potential parties who may be held responsible could include:

• Grocery operator
• Security contractor
• Tenant operating inside the grocery store
• A contractor such as a floor cleaner or elevator maintenance company

You may also be able to file a claim against the City of New York, if the incident occurred on the sidewalk outside the grocery store.

When thinking about who you can sue in a premises liability case in New York, the answer will ultimately depend on your situation. Without all the details of your case, we can only provide hypothetical answers. Dansker & Aspromonte Associates LLP can determine who is liable for your losses after a careful investigation. We can review the evidence associated with your case to gain insight into who was negligent.