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Premises Liability Lawyer NYC

New York Premises Liability Lawyer

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.

What is Premises Liability?

premises liability lawyer nyc

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 and fall accidents, dog bites, inadequate security, toxic exposure, etc. 

  • Slip/Trip and fall accidents are the most common premises liability claims, and they can occur due to a wide range of hazards, such as wet floors, uneven surfaces, or loose carpets. 
  • Dog bites can also result in serious injuries, and property owners may be held liable if they knew or should have known that their dog was dangerous. 
  • Inadequate security can also result in serious harm, such as in cases where a property owner fails to provide adequate lighting or fails to take steps to prevent violent crime. 
  • Finally, toxic exposure can occur due to the presence of hazardous chemicals or other dangerous substances on a property, and property owners may be held liable if they fail to warn visitors of the potential risks.

To establish a premises liability claim, the injured party must prove that the property owner or occupier was negligent in some way. This means that they must show that the owner or occupier knew or should have known about the dangerous condition and failed to take steps to fix it or warn visitors about it. Additionally, the injured party must show that the dangerous situation was the direct cause of their injuries.

In conclusion, premises liability is an important legal concept that helps to ensure that property owners and occupiers take reasonable steps to maintain safe environments for their visitors. If you have sustained an injury while on someone else’s property, filing a premises liability claim to recover compensation for your injuries may be possible. 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?

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

 

How can a personal injury lawyer help in a premises liability case?

A personal injury lawyer can significantly assist a premises liability case by providing legal representation and guidance to the injured party. Here are some ways that a personal injury lawyer can help:

  • Investigating the Accident: A lawyer can investigate the accident and collect evidence to determine the cause of the accident, the extent of the injuries, and who is at fault.
  • Establishing Liability: An experienced attorney can help establish liability by examining the property owner’s responsibilities and duties under the law, including maintaining safe premises, warning visitors of hazards, and taking reasonable steps to prevent injuries.
  • Negotiating with Insurance Companies: A law firm can engage in discussions with insurance companies in order to secure a just and reasonable settlement for the injured party. Insurance companies are frequently more inclined to negotiate with an experienced lawyer than an unrepresented individual.
  • Filing a Lawsuit: In case a settlement cannot be reached, a premises liability attorney can initiate legal proceedings on behalf of the person who has been harmed, a lawsuit on behalf of the injured party, and pursue compensation through the legal system.
  • Providing Legal Advice: A lawyer can provide legal advice to the injured party throughout the legal process, including explaining the legal options available, answering questions, and offering guidance on how to proceed.

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

Shared Responsibility Laws in NYC

Shared responsibility in a premises liability case refers to the situation where both the property owner and the injured party bear some responsibility for the accident or injury that occurred on the premises. Here’s an example:
Suppose a customer slips and falls in a store due to a wet floor. The store owner might be liable for the customer’s injuries if they failed to clean up the spill or put a warning sign. However, if the customer was also distracted while walking or wearing inappropriate footwear, they may be found partially responsible for the accident.
In this scenario, the store owner and the customer share the responsibility for the injury. Any damages awarded may be reduced according to the level of responsibility attributed to each party. For instance, if the customer is found 30% responsible for their injury, they may only receive 70% of the total damages awarded.
New York shared responsibility laws can be complex, and the specific application of these laws can differ depending on the circumstances of the case. It is important to consult with an experienced personal injury lawyer from Aviles Law Firm to determine your rights and obligations under New York law if you have been injured in an accident.

What Types of Compensation are Available for Premises Liability Cases?

When someone is injured on someone else’s property, they may be entitled to compensation for their injuries and related expenses.

The following are some types of compensation that may be available for premises liability cases:

  • Medical Expenses: If a person is injured on someone else’s property, they may be entitled to compensation for their medical expenses, including hospitalization, surgery, medication, rehabilitation, and other related costs.
  • Lost Wages: If an individual is unable to work due to their injuries, they may be eligible to receive compensation for their lost wages, including past and future income.
  • Pain and Suffering: If a person experiences physical or emotional pain and suffering due to their injuries, they may be entitled to compensation for these damages.
  • Property Damage: If a person’s property is damaged due to an accident on someone else’s property, they may be entitled to compensation for repairing or replacing the damaged property.
  • Punitive Damages: In some cases, a court may award punitive damages to punish the property owner for their negligent behavior and to deter future similar conduct.

It is important to note that the types and amounts of compensation that may be available in a premises liability case will vary depending on the specific circumstances of each case. Contact Aviles Law Firm to discuss the compensation available in your case.

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