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Premises Liability

If you've been injured on someone else's property in New York, you may have a premises liability claim. Property owners have a legal duty to keep their premises reasonably safe. When they fail to do so and someone gets hurt as a result, the owner may be liable. And if you or a loved one were injured due to a property owner’s negligence in New York, you may be entitled to financial compensation. 

Getting a Premises Liability Lawyer in New York

If you find yourself or a loved one hurt on another's property, take these steps immediately to protect your legal rights:

  1. Seek medical attention for your injuries
  2. Notify the property owner or manager of the incident
  3. Document everything you can about the scene (take photos, get witness info, etc.) 
  4. Contact a skilled New York premises liability lawyer 

It is wise to immediately contact a premises liability attorney if you or a loved one have been injured in another’s property in New York. Business establishments usually have premises liability insurance that they may use to hire legal counsel to negotiate a case for them. These insurance companies often try to get you to settle for as little as possible, and the amount may be insufficient for the injuries and damages you’ve suffered. 

The lawyers at Porter Law Group have a proven track record of recovering compensation for personal injury victims in New York. We’ve successfully recovered a settlement worth more than 1 million dollars for an elderly client who was injured during a construction accident because of an unsecured ladder, and 600,000 dollars in a settlement for a dog bite injury involving a child. 

Our experienced trial lawyers know the ins and outs of premises liability litigation in New York, and we can help you secure compensation for your pain, suffering, medical bills, and many more. Call 833-PORTER9 or email us at info@porterlawteam.com to discuss the details of your case for free.  

What is Premises Liability in New York?

Under New York law, property owners and occupants must maintain their property in a reasonably safe condition. This duty extends to:

  • Performing general maintenance and repairs
  • Fixing known hazards
  • Providing adequate warning of potential dangers 

If an owner neglects this responsibility and a visitor, tenant, or in some cases, even a trespasser is injured as a result, the injured party may be entitled to financial compensation.

Premises liability law can be complex and ever-changing due to new legislation. Therefore, it's crucial to consult with an experienced New York personal injury lawyer who stays current on all the latest developments. The attorneys at Porter Law Group have in-depth knowledge of New York premises liability law and can evaluate your potential claim in a free consultation.

What are the Common Premises Liability Cases?

Premises liability is a broad area of law encompassing many different scenarios, such as:

  • Slip and fall accidents
  • Dog bites
  • Construction accidents
  • Inadequate property maintenance
  • Defective or dangerous conditions
  • Negligent security
  • Elevator and escalator malfunctions
  • Accidents at pools, amusement parks, and carnivals

Those listed above are just some of the many premises liability cases that may result in litigation in New York. If you've been injured in any type of incident on someone else's property, it's worth discussing your situation with a knowledgeable premises liability attorney. So that you can secure compensation for your injuries and other damages you may have suffered. 

How are Premises Liability Cases Decided in New York?

Succeeding in a premises liability claim requires proving three key elements:

  1. You were lawfully on the property
  2. The owner was negligent in addressing an unsafe condition they knew about or should have known about
  3. The owner's negligence caused your injury

Property owners owe different duties of care depending on the visitor's status:

  • Invitees (e.g. business customers, friends, family) are owed a high duty of care and must be warned of any possible dangers that are yet to be addressed
  • Licensees (e.g. building tenants) must be informed of potential hazards
  • Trespassers are generally owed no duty of care, with some exceptions like children and when the property owner acquiesces to the trespassing

Can I Still Be Compensated if I Was Injured While Trespassing?

Generally, a property owner does not owe trespassers any duty of care. However, there are two exceptions to this:

Children and Attractive Nuisance

An example of this is if an owner has a property with an unsecured or unfenced pool in an area known to be frequented by children. Should any of the children drown or get injured, the owner can be held liable despite the child technically being a trespasser. 

Trespasser Known to the Owner or Willful and Wanton Harm

If a trespasser is known to the owner or the owner acquiesces to his presence, the owner will be liable for any injuries suffered as if the trespasser were a guest, and has a duty to warn them of any potential dangers. If an owner deliberately sets up traps with the intention of harming trespassers, who are not necessarily on the property to commit an illegal act, he may still be held liable for any injuries suffered. 

An experienced personal injury attorney can investigate the circumstances of your case and gather evidence to demonstrate liability. Establishing the owner’s negligence and whether they should have known about a potential hazard requires deep knowledge of building codes, safety laws, OSHA protocols, and other legal requirements in New York. 

The lawyers at Porter Law Group are well versed with the nitty-gritty of New York legislation, and we have extensive experience in dealing with personal injury cases and recovering compensation for clients who have suffered because of someone else’s negligence. 

What Type of Damages Can I Recover if I was a Victim in a Premises Liability Case in New York?

If you prevail in your premises liability case, you may be entitled to compensation for harm such as:

  • Medical bills
  • Lost income
  • Reduced earning capacity 
  • Pain and suffering
  • Diminished quality of life

Your lawyer can assess the full extent of your damages and fight for the maximum compensation possible, whether through settlement negotiations or at trial. What’s important is to act fast. While there is a 3-year statute of limitations for premises liability claims in New York, delay may result in crucial pieces of evidence being cleared out before you can gather or document them. 

Hire a Skilled New York Premises Liability Attorney

At Porter Law Group, our accomplished attorneys have recovered millions of dollars* for personal injury victims in New Yorker. We have the knowledge, resources, and tenacity to aggressively pursue the compensation you deserve. 

Don't entrust your case to an inexperienced or unproven law firm. Contact the Porter Law Group today for a free, no-obligation case review. Call 833-PORTER9 or email info@porterlawteam.com. We look forward to helping you navigate this challenging time and securing the best possible outcome for you and your family.

*Prior results do not guarantee a similar outcome.

Last Updated on May 22, 2024 by Michael S. Porter
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