Premises Liability Lawyer in New York City

What Is Premises Liability?

If you have sustained an injury on someone else’s property in New York City, you may be entitled to receive financial compensation. Property owners who fail to maintain a safe environment are responsible for covering the costs of the injured person’s expenses. An experienced New York City premises liability lawyer can assist you with your case. Contact Aviles Law Firm at (212) 898-8888 to schedule a free consultation.

Premises liability is a legal principle that holds property owners and occupiers responsible for injuries that occur on their premises due to dangerous or hazardous conditions. The idea is that the owner or occupier of a property has a duty to maintain a safe environment for visitors, and if they fail to do so, they may be held accountable for any harm that results.

Premises liability can apply to a wide range of properties, including private homes, businesses, public buildings, and even government-owned properties. In general, any property owner or occupier who invites others onto their property for any reason—such as to conduct business, socialize, or provide services—has a legal responsibility to ensure the safety of their visitors.

Types of Premises Liability Claims

There are several types of premises liability claims, including slip/trip and fall accidents, dog bites, inadequate security, toxic exposure, and more.

• Slip/Trip and Fall Accidents: The most common premises liability claims, often caused by wet floors, uneven surfaces, loose carpets, poor lighting, or uncleared snow/ice.
• Dog Bites: Property owners may be liable if they knew or should have known the dog was dangerous.
• Inadequate Security: Failures such as poor lighting, broken locks, or lack of security measures that contribute to assaults or other crimes.
• Toxic Exposure: Hazardous chemicals or dangerous substances on a property without proper warnings or remediation.

To establish a premises liability claim, the injured party must prove that the property owner or occupier was negligent. This generally means showing the owner/occupier knew or should have known about a dangerous condition and failed to fix it or warn visitors—and that this condition directly caused the injury.

In conclusion, premises liability is an important legal concept that helps ensure property owners and occupiers take reasonable steps to maintain safe environments for their visitors. If you were hurt on someone else’s property, it may be possible to file a premises liability claim to recover compensation for your injuries. However, these claims can be complex; contact Aviles Law Firm, and our experienced personal injury attorneys will help you navigate the legal process and protect your rights.

What Are the Five Elements of Negligence?

1. Duty of care: The defendant had a legal obligation to act with reasonable care toward the plaintiff.
2. Breach of duty: The defendant failed to meet the standard of care a reasonable person would have exercised in the same situation.
3. Causation: The defendant’s breach was the direct cause of the plaintiff’s injury or damage.
4. Proximate cause: The injury or damage was a foreseeable consequence of the defendant’s breach.
5. Damages: The plaintiff suffered actual harm or loss that can be compensated by monetary damages.

How Can a Personal Injury Lawyer Help in a Premises Liability Case?

• Investigating the Accident: Gather evidence to determine the cause, extent of injuries, and who is at fault.
• Establishing Liability: Analyze the owner’s legal duties (maintenance, warnings, security) and show how they were breached.
• Negotiating with Insurance Companies: Seek a fair settlement; insurers are often more receptive to experienced counsel.
• Filing a Lawsuit: If necessary, file suit and pursue compensation through the court system.
• Providing Legal Advice: Explain options, answer questions, and guide you throughout the process.

At Aviles Law Firm, our experienced attorneys provide essential support and guidance to individuals injured due to a property owner’s negligence. We help ensure that our clients receive fair compensation and that their legal rights are protected.

Shared Responsibility Laws in NYC

Shared responsibility (comparative negligence) may apply when both the property owner and the injured person share blame for an accident.

Example: A customer slips on a wet floor without warning signs (owner’s fault) while also looking at a phone and not watching where they’re walking (customer’s fault). If the customer is found 30% responsible, they may receive 70% of the total damages.

New York’s shared responsibility laws can be complex, and how they apply depends on the facts. Consult an experienced personal injury lawyer at Aviles Law Firm to understand your rights and obligations under New York law.

What Types of Compensation Are Available for Premises Liability Cases?

Injured visitors may be entitled to compensation for their injuries and related expenses, such as:

• Medical Expenses: Hospitalization, surgery, medication, rehabilitation, therapy, and related costs.
• Lost Wages: Past and future income losses if injuries prevent you from working.
• Pain and Suffering: Physical pain and emotional distress resulting from the injury.
• Property Damage: Repair or replacement of damaged personal property.
• Punitive Damages: In rare cases, to punish egregious conduct and deter future wrongdoing.

The types and amounts of compensation vary based on each case’s facts. Contact Aviles Law Firm to discuss what may be available in your situation.

Contact Aviles Law Firm

If you were injured on another’s property, we’re here to help. Call (212) 898-8888 for a free consultation with a New York City premises liability attorney.