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Premises Liability

Garden City Premises Liability Attorney

Property owners in New York have a responsibility to maintain their premises in a reasonably safe condition to prevent harm to visitors. When they fail to do so, they may be held liable for resulting injuries. If you have been hurt because of a dangerous condition on someone else’s property, you may have a premises liability claim for compensation.

What Types of Accidents Can Lead to Premises Liability Claims?

People can be injured on someone else’s property in many different ways. Common incidents that give rise to premises liability claims in Garden City include:

  • Slip or trip and fall accidents
  • Dog bites
  • Assault due to negligent security
  • Elevator or escalator accidents
  • Burn injuries resulting from negligence
  • Balcony collapses
  • Accidents caused by broken stairs or missing handrails
  • Ceiling collapses
  • Swimming pool accidents

What Is a Property Owner’s Duty of Care?

An owner or operator of a property has a duty to maintain the property in a reasonably safe condition and to prevent foreseeable accidents. This duty may include warning of any potentially dangerous condition that may not be readily observable to visitors. In New York, a property owner’s duty of care does not depend on the status of the injured person as invitee, licensee, or trespasser, but remains the same in view of all circumstances.

What Must You Prove to Win a Premises Liability Case?

An accident on someone else’s property does not automatically give rise to a premises liability claim. To recover compensation, the injured party must prove that the owner or operator of the property was aware of the danger, or should have been, and was negligent in failing to correct the problem or adequately warning of the danger. A property owner or manager can only be held liable for damages if it can be established that he or she caused, knew of, or should have known of the unsafe condition that caused the injuries. To prevail in a premises liability claim, you must show that:

  • You were lawfully on the property (or the property owner was aware you were trespassing).
  • The property owner was negligent in failing to correct an unsafe condition: You must show that the property owner knew or should have known about the problem, failed to provide repairs or warn of the danger, or made repairs that failed to fix the problem.
  • The property owner’s negligence caused your injuries.

What Types of Damages Are Recoverable in Premises Liability Claims?

If you were injured on someone else’s property as a result of negligence, you should be entitled to recover economic and noneconomic compensatory damages. Depending on the unique circumstances of your case, damages may include:

  • Past and future medical expenses
  • Lost wages or earnings
  • Reduced future earning capacity
  • Permanent or temporary disability
  • Disfigurement
  • Pain and suffering
  • Emotional trauma
  • Mental anguish
  • Loss of enjoyment of life

Do You Need a Lawyer for a Premises Liability Claim?

Premises liability claims can be complex cases. It is not enough to show you were injured on the property – you must also prove negligence on the part of the property owner. This requires prompt investigation and preservation of vital evidence. Your best chance of recovering full compensation for your losses is to get an experienced premises liability attorney in your corner as soon as possible.

Our Garden City premises liability lawyers at Russell Friedman Law Group are experienced legal professionals with a reputation for excellence. We have a history of success holding responsible parties accountable and winning recoveries for our injured clients. If you have been seriously hurt in an accident on someone else’s property, contact us at (516) 714-5975 to find out how we can help.

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