NYC Premises Liability Lawyer
At Roth & Khalife, LLP, we understand the complexities and challenges that come with premises liability cases. If you have been injured on someone else’s property due to unsafe conditions, you deserve experienced and dedicated legal representation. Our team of NYC premises liability lawyers is committed to helping victims seek justice and secure the compensation they need to recover and move forward.
What is Premises Liability?
Premises liability refers to the responsibility property owners and occupiers have to ensure their premises are safe for visitors. When they fail to maintain a safe environment, they can be held accountable for accidents and injuries that occur as a result. Common types of premises liability cases include:
- Slip and fall accidents
- Trip and fall accidents
- Inadequate security leading to assaults
- Dog bites
- Swimming pool accidents
- Defective or dangerous conditions on the property
How a NYC Premises Liability Lawyer Can Help
Navigating the aftermath of an injury on someone else’s property can be daunting. At Roth & Khalife, LLP, we understand your challenges and are here to provide the support and legal experience you need. Here’s how a NYC premises liability lawyer from our firm can help you through this difficult time:
1. Comprehensive Case Evaluation
When you contact Roth & Khalife, LLP, we begin with a thorough evaluation of your case. We will listen to your account of the incident, review any documentation you provide, and assess the viability of your claim. Our goal is to understand the circumstances of your injury and determine the best course of action to pursue compensation.
2. Experienced Legal Advice
Premises liability law can be complex and varies depending on the specifics of your case. Our experienced attorneys will explain your legal rights and options clearly and clearly. We will advise you on the potential outcomes of your case and help you make informed decisions every step of the way.
3. Detailed Investigation
Building a strong premises liability case requires a meticulous investigation. Our team will gather evidence, such as photos or videos of the accident scene, witness statements, and incident reports. We may also consult with experts in safety, engineering, or medical care to strengthen your claim.
4. Establishing Liability
In a premises liability case, proving liability involves demonstrating that the property owner or occupier was negligent. This means that they failed to maintain a safe environment or did not address known hazards in a reasonable timeframe. Our injury lawyers are skilled at uncovering the evidence to establish this negligence and hold the responsible party accountable.
5. Handling All Legal Aspects
From filing paperwork to negotiating with insurance companies, we manage all legal aspects of your case. This allows you to focus on your recovery while we handle the complexities of the legal process. We are experienced negotiators who strive to secure fair settlements, but we are also prepared to take your case to court if necessary.
6. Pursuing Maximum Compensation
Our primary objective is to help you obtain the maximum compensation for your injuries. This can include compensation for medical bills, lost wages, pain and suffering, emotional distress, and other related expenses. We will work tirelessly to ensure you receive the financial support you need to move forward.
7. Compassionate Support
We understand that dealing with an injury can be physically, emotionally, and financially taxing. Our team provides compassionate support and guidance throughout your case. We are here to answer your questions, address your concerns, and ensure you feel confident and supported throughout the legal process.
Common Injuries Caused by Premises Liability Cases
Premises liability cases often involve a wide range of injuries, which can vary in severity from minor to life-altering. At Roth & Khalife, LLP, we have extensive experience representing clients who have suffered injuries due to unsafe conditions on someone else’s property. Understanding the common types of injuries can help you recognize the seriousness of your situation and the importance of seeking legal assistance.
Slip and Fall Injuries
Slip and fall accidents are among the most common premises liability cases. These injuries can occur due to wet floors, uneven surfaces, loose rugs, or poorly maintained walkways. Common injuries from slip and fall accidents include:
- Fractures and Broken Bones: Often affecting the wrists, arms, ankles, and hips.
- Sprains and Strains: Ligament or muscle injuries, particularly in the ankles and wrists.
- Head Injuries: Concussions or traumatic brain injuries (TBIs) from striking the head during a fall.
- Back and Spinal Cord Injuries: Ranging from minor strains to severe spinal cord damage, potentially leading to paralysis.
Trip and Fall Injuries
Trip and fall accidents typically occur due to obstacles or uneven surfaces, such as loose floorboards, cluttered walkways, or potholes. These accidents can cause injuries similar to slip and falls, including:
- Cuts and Bruises: Resulting from sharp edges or hard surfaces.
- Dislocations: Particularly in the shoulders and knees.
- Soft Tissue Injuries: Damage to muscles, ligaments, and tendons, causing pain and limited mobility.
Inadequate Security Injuries
Property owners are responsible for ensuring adequate security measures to protect visitors from harm. When they fail to do so, visitors can become victims of crimes, leading to injuries such as:
- Assault-Related Injuries: Including cuts, bruises, broken bones, and more severe physical trauma.
- Emotional and Psychological Trauma: Anxiety, PTSD, and other mental health issues resulting from the incident.
Dog Bite Injuries
Dog bites can occur on residential or commercial properties, leading to a range of injuries, including:
- Puncture Wounds: Deep wounds that can cause significant bleeding and require stitches.
- Infections: Dog bites can introduce bacteria, leading to serious infections if not properly treated.
- Scarring and Disfigurement: Permanent marks or changes to appearance due to severe bites.
Swimming Pool Injuries
Swimming pools present various hazards, especially when not properly maintained or supervised. Common swimming pool-related injuries include:
- Drowning and Near-Drowning: Leading to severe brain damage or death.
- Slip and Fall Injuries: Occurring on wet surfaces around the pool.
- Chemical Injuries: Caused by improper use or storage of pool chemicals, leading to burns or respiratory issues.
Electrocution and Burns
Faulty wiring, exposed electrical components, and lack of proper maintenance can lead to electrical accidents on properties. Common injuries include:
- Electrocution: Potentially causing cardiac arrest, nerve damage, or severe burns.
- Thermal Burns: From fires or hot surfaces due to unsafe conditions.
Elevator and Escalator Injuries
Elevator and escalator accidents can occur due to mechanical failures or improper maintenance. Injuries from these accidents often include:
- Crush Injuries: Resulting from being caught in the machinery.
- Falls: Leading to fractures, head injuries, and more.
What To Do If You Have Been Injured on Someone Else’s Premises
Steps to Take After an Injury on Someone Else’s Property
If you’ve been injured on someone else’s premises, taking the right steps can help protect your rights and ensure you receive the compensation you deserve. Here’s what to do:
1. Seek Medical Attention
Prioritize your health by getting medical help immediately, even if your injuries seem minor. Keep all medical records and receipts as they are crucial for your claim.
2. Report the Incident
Inform the property owner, manager, or another responsible party about the accident. Get a written report detailing the incident.
3. Document the Scene
Take photos and videos of the hazard that caused your injury. Collect contact information from any witnesses who saw the incident.
4. Preserve Evidence
Keep any physical evidence related to the accident, such as damaged clothing or personal items.
5. Avoid Giving Statements
Be cautious about discussing the accident. Do not give detailed statements to the property owner or insurance companies without consulting a lawyer.
6. Keep Detailed Records
Track all expenses related to your injury, including medical bills, transportation costs, and lost wages.
7. Contact a Premises Liability Lawyer
Consult with an experienced premises liability lawyer as soon as possible. At Roth & Khalife, LLP, we will guide you through the legal process, gather necessary evidence, and advocate on your behalf.
Who is Liable for a Premises Liability Injury?
Determining liability in a premises liability case can be complex. At Roth & Khalife, LLP, we help clients understand who may be held responsible for injuries sustained on someone else’s property. Here’s an overview of potential parties who might be liable:
Property Owners
Property owners, both residential and commercial, are typically responsible for maintaining safe conditions on their premises. If owners fail to address hazardous conditions or provide adequate warnings, they can be held liable for injuries.
Tenants and Occupiers
In some cases, tenants or occupiers of a property, rather than the owners, are responsible for maintaining the premises. This can include businesses leasing commercial spaces or renters of residential properties. Liability may fall on these parties if they are responsible for the area where the injury occurred.
Property Managers
Property managers hired to oversee the maintenance and safety of a property can also be held liable if their negligence leads to unsafe conditions. This includes failing to conduct regular inspections, ignoring maintenance requests, or not addressing known hazards.
Maintenance Companies
Third-party maintenance companies contracted to maintain the property can be held accountable if their actions or inactions result in unsafe conditions. For example, a snow removal company that fails to clear ice properly from a sidewalk could be liable for slip and fall injuries.
Contractors and Subcontractors
If construction or renovation work on the property leads to hazardous conditions, contractors or subcontractors involved in the work may be held liable. This includes improper installation of structures, poor workmanship, or failure to follow safety regulations.
Government Entities
A government entity may be responsible if the injury occurs on public property, such as a park, sidewalk, or government building. Special rules and procedures apply to claims against government entities, including shorter deadlines for filing claims.
Factors Determining Liability
Several factors are considered when determining liability in a premises liability case, including:
- Control Over the Property: Identifying who had control over the property and the area where the injury occurred.
- Knowledge of Hazard: Whether the responsible party knew or should have known about the hazardous condition.
- Reasonable Steps Taken: If the responsible party took reasonable steps to fix the hazard or provide adequate warnings.
- Visitor Status: The legal status of the injured person (invitee, licensee, or trespasser) can affect the duty of care owed by the property owner.
Compensation You May Be Entitled to After a Premises Liability Injury
If you have been injured on someone else’s property due to unsafe conditions, you may be entitled to various forms of compensation. We are committed to helping you understand and pursue the compensation you deserve to aid in your recovery. Here’s an overview of the types of compensation you may be eligible for after a premises liability injury:
Medical Bills
You can seek compensation for all medical costs related to your injury, including:
- Emergency room visits
- Hospital stays
- Surgeries
- Doctor appointments
- Prescription medications
- Physical therapy and rehabilitation
- Medical equipment and supplies
Lost Wages
If your injury prevents you from working, you may be entitled to compensation for lost wages. This includes:
- Wages lost due to time off work for recovery
- Reduced earning capacity if your injury affects your ability to work in the future
- Compensation for any lost benefits
Pain and Suffering
Pain and suffering compensation addresses the physical pain and emotional distress caused by your injury. This can include:
- Chronic pain
- Emotional distress and anxiety
- Depression
- Loss of enjoyment of life
Property Damage
If any of your personal property was damaged or destroyed in the accident, you might be entitled to compensation for repair or replacement costs. This can include:
- Clothing
- Electronics
- Other personal belongings
Rehabilitation and Therapy
Beyond initial medical treatment, you may require ongoing rehabilitation and therapy to recover fully. Compensation can cover:
- Physical therapy
- Occupational therapy
- Mental health counseling
- Long-term care services
Disability and Disfigurement
If your injury results in permanent disability or disfigurement, you may receive compensation for the long-term impact on your life. This includes:
- Loss of mobility or function
- Scarring and disfigurement
- Prosthetics and mobility aids
Loss of Consortium
In some cases, your injury may affect your relationship with your spouse or family. Compensation for loss of consortium addresses:
- Loss of companionship
- Strain on marital relations
- Impact on family dynamics
Punitive Damages
In cases where the property owner’s negligence was particularly egregious, punitive damages may be awarded. These damages are intended to punish the responsible party and deter similar conduct in the future.
Take Action Now
Contact Roth & Khalife, LLP Today
If you’ve been injured on someone else’s property, don’t wait to seek the justice and compensation you deserve. Contact Roth & Khalife, LLP for a free consultation with our experienced NYC premises liability lawyers. Let us fight for your rights and help you get the support you need to recover and move forward.
NYC Premises Liability Lawyer FAQs
How long do I have to file a premises liability claim in NYC?
The statute of limitations for premises liability claims in New York is typically three years from the date of the injury. However, this timeframe can vary, especially if a government entity is involved. It’s crucial to consult with a personal injury lawyer promptly to ensure you meet all deadlines.
What if the property owner claims they were not aware of the hazardous condition?
To hold a property owner liable, it must be shown that they knew or should have known about the hazardous condition and failed to address it. A premises liability lawyer can help gather evidence to demonstrate the owner’s knowledge or negligence.
Can I still file a claim if I was partially at fault for the accident?
Yes, New York follows a comparative negligence rule, which means you can still recover damages even if you were partially at fault. However, your financial compensation may be reduced by the percentage of your fault.
How much does it cost to hire a premises liability attorney?
At Roth & Khalife, LLP, we work on a contingency fee basis, meaning you don’t pay any upfront fees. We only get paid if we secure compensation for you. This ensures that everyone has access to quality legal representation regardless of their financial situation.