Premises Liability Lawyer In New York City

Property owners and managers in New York City have a legal responsibility to maintain safe conditions on their premises. When they fail to do so, accidents can occur, leaving victims with serious injuries and financial burdens. Premises liability law protects individuals injured due to unsafe property conditions, allowing them to seek compensation for their injuries and losses. Having a skilled premises liability lawyer can help you navigate the process.

At Koenigsberg & Associates Law Offices, we are dedicated to representing victims of premises liability accidents throughout New York City. Our experienced legal team works tirelessly to hold negligent property owners accountable and secure the compensation you deserve.

What Is Premises Liability?

Premises liability is a legal principle that holds property owners, occupiers, and managers responsible for ensuring their property is reasonably safe for visitors. When a property owner fails to address hazardous conditions or adequately warn visitors of dangers, they may be held liable for any resulting injuries.

Common examples of premises liability cases include slip-and-fall accidents, injuries caused by falling objects, and accidents resulting from inadequate security.

Common Causes of Premises Liability Accidents

Premises liability accidents can occur for many reasons. Some of the most frequent causes include:

Slip-and-Fall Accidents

Wet floors, icy sidewalks, uneven surfaces, and poor lighting can cause serious slip-and-fall accidents. Property owners must promptly address such hazards or warn visitors of potential dangers.

Inadequate Security

Poorly lit parking lots, broken locks, or a lack of security personnel can make visitors vulnerable to assault or theft. Property owners must take reasonable measures to protect individuals from foreseeable crimes.

Structural Defects

Broken stairs, loose railings, or unstable flooring can lead to severe injuries. Property owners are required to repair or address these defects to ensure visitor safety.

Falling Objects

Improperly secured items on shelves, ceilings, or construction sites can fall and injure visitors. Property owners or managers must ensure that these hazards are eliminated.

Building Code Violations

Failure to comply with building codes, such as inadequate fire safety measures, can lead to accidents and injuries. Property owners are responsible for adhering to all relevant safety regulations.

Your Legal Rights

If you’ve been injured due to unsafe property conditions, you have the legal right to seek compensation for your injuries and losses. Property owners, managers, or other responsible parties have a duty to maintain their premises in a reasonably safe condition. When they fail to address hazards or provide adequate warnings, they can be held liable for injuries that occur as a result.

Types of Compensation You May Be Entitled To

Victims of premises liability accidents may recover compensation for a wide range of damages, including:

Medical Expenses

Compensation for medical expenses includes coverage for emergency care, surgeries, hospitalization, and rehabilitation. Victims may also recover costs for medications, physical therapy, assistive devices, and long-term treatment. If the injury results in permanent disability, future medical expenses and adaptive equipment, such as wheelchairs or home modifications, may also be included.

Lost Wages

If your injury prevents you from working, you may recover compensation for lost wages. This includes income lost during your recovery period and, in cases of permanent injury, damages for diminished earning capacity. For victims unable to return to their previous job, vocational retraining costs may also be compensated.

Pain and Suffering

Beyond financial losses, victims are often entitled to compensation for the physical pain and emotional distress caused by their injuries. Pain and suffering damages address chronic pain, reduced mobility, and the psychological toll of living with a serious injury. Victims who experience anxiety, depression, or post-traumatic stress disorder (PTSD) as a result of the accident may also recover damages for these conditions.

Property Damage

If personal items, such as clothing, electronics, or accessories, were damaged in the accident, you may seek reimbursement for repair or replacement costs. While this is often a smaller part of a claim, it ensures that all losses are addressed.

Special Considerations for Government Property

If your injury occurred on government property, such as a public park, school, or government building, specific legal procedures and deadlines must be followed. In New York, you are required to file a Notice of Claim within 90 days of the accident. This notice informs the government entity of your intent to file a claim and provides details about the incident. After filing the notice, you must initiate a lawsuit within one year and 90 days of the accident.

Claims involving government entities can be more complex, as they often involve unique legal defenses and procedural requirements. Consulting an experienced premises liability lawyer is essential to ensure that you meet these deadlines and protect your right to compensation.

Proving Your Claim

Successfully pursuing a premises liability claim requires demonstrating that the property owner or manager was negligent in maintaining a safe environment. This involves establishing several key elements to show that their failure directly caused your injuries. Below are the essential components of a premises liability claim and how they are proven.

A Hazard Existed

The first step in proving a premises liability claim is showing that a hazardous condition existed on the property. A hazard can take many forms, such as a wet floor without proper warning signs, uneven or broken pavement, loose carpeting, inadequate lighting, or a lack of security in high-crime areas. For example, a grocery store with a spill left unattended for an extended period creates a clear risk of harm to customers.

Photographs or videos of the hazardous condition, taken at or near the time of the incident, are crucial pieces of evidence. If possible, gather these immediately after the accident to document the unsafe condition.

Knowledge of the Hazard

To hold a property owner or manager liable, you must demonstrate that they knew or should have known about the hazardous condition and failed to take reasonable steps to address it. There are two types of knowledge in premises liability cases:

Actual Knowledge: The owner or manager was explicitly aware of the hazard, such as being informed by an employee or visitor.
Constructive Knowledge: The owner or manager should have known about the hazard through reasonable inspections or oversight. For example, if a spill was present for hours, it is reasonable to expect that staff should have noticed and cleaned it up.

Evidence such as maintenance logs, inspection records, or previous complaints about the hazard can help prove knowledge. Witness statements from employees or other visitors may also support this element.

Direct Causation

Next, you must establish a clear link between the hazardous condition and your injury. Simply proving that a hazard existed is not enough; you must show that it directly caused your accident. For example, if you slipped on an unmarked wet floor, you must demonstrate that the spill was the reason for your fall and resulting injury.

Medical records are critical for documenting the nature and extent of your injuries. These records should clearly connect the accident to the injuries you sustained. For example, a doctor’s report stating that your injury aligns with a slip-and-fall accident can help prove causation.

Damages

To recover compensation, you must show that you suffered measurable harm as a result of the accident. Damages may include:

Medical Expenses: Bills for emergency care, surgeries, physical therapy, or long-term treatment.
Lost Wages: Proof of income lost due to your inability to work during recovery.
Pain and Suffering: Documentation of physical pain, emotional distress, or reduced quality of life.

Financial records, medical bills, and pay stubs can help quantify your economic damages, while testimony from doctors or therapists may support claims for non-economic damages like pain and suffering.

Gathering Evidence

Collecting strong evidence is vital to building a successful premises liability claim. Key types of evidence include:

Photographs and Videos: Visual documentation of the hazard and the scene of the accident.
Witness Statements: Testimonies from individuals who saw the hazard or the accident.
Incident Reports: Documentation filed by the property owner or manager after the accident.
Maintenance Logs: Records showing whether the property was inspected and maintained properly.
Medical Records: Proof of the injuries you sustained and their connection to the accident.

The Role of a Premises Liability Lawyer

Premises liability cases are often complex and challenging to navigate without professional legal representation. From investigating the accident to negotiating with insurance companies, an experienced premises liability lawyer is essential to protecting your rights and securing the compensation you deserve. Below are the key ways a premises liability lawyer can assist you throughout your case.

Comprehensive Investigation

A skilled lawyer will begin by conducting a thorough investigation of the accident. This includes visiting the scene to document conditions, gathering evidence such as photographs and videos, and reviewing property maintenance records. Identifying the hazardous condition and determining how it contributed to your injury is crucial to building a strong case. A lawyer will also interview witnesses and secure incident reports to further support your claim.

Identifying Liable Parties

Premises liability cases often involve multiple parties who may share responsibility for the unsafe condition. For example, liability may rest with the property owner, a property manager, a tenant, or even a third-party contractor. An attorney will analyze the circumstances of your case to determine which parties were negligent and can be held accountable for your injuries.

Collaboration with Experts

To strengthen your case, a premises liability lawyer will work with experts in various fields. Engineers or safety professionals may be consulted to evaluate structural defects, maintenance issues, or code violations. Medical experts can provide detailed documentation of your injuries and explain their impact on your health and quality of life. Financial experts may also be involved to calculate the economic losses you’ve suffered, such as lost wages and future medical expenses.

Negotiating with Insurance Companies

Dealing with insurance companies can be one of the most stressful aspects of a premises liability case. Insurers often aim to minimize payouts, offering settlements that are far below what you deserve. A lawyer will handle all communications and negotiations with the insurance company, using evidence and legal expertise to advocate for fair compensation. This includes ensuring that all damages—both economic and non-economic—are accounted for in the settlement.

Representing You in Court

If negotiations with the insurance company do not result in a fair settlement, your lawyer will prepare your case for trial. This involves filing the necessary legal paperwork, presenting evidence, and arguing your case before a judge or jury. An experienced trial attorney understands how to present a compelling argument that highlights the property owner’s negligence and the impact of your injuries. The possibility of litigation also serves as leverage during settlement negotiations, often encouraging insurers to offer more favorable terms.

Providing Support and Peace of Mind

Suffering an injury due to unsafe property conditions can be overwhelming, especially when you are focused on recovery. A premises liability lawyer provides invaluable support by handling the legal complexities of your case. From meeting deadlines to managing communications with opposing parties, your lawyer allows you to focus on healing while they fight for your rights.

Maximizing Your Compensation

One of the most critical roles of a premises liability lawyer is ensuring that you receive the full compensation you are entitled to. This includes not only covering immediate expenses like medical bills and lost wages but also accounting for future needs such as ongoing treatment, rehabilitation, and emotional suffering. A lawyer’s expertise ensures that no aspect of your claim is overlooked, providing financial stability as you recover.

Contact Koenigsberg & Associates Law Offices Today

Time is critical after a premises liability accident. Delays in seeking legal advice or filing a claim can jeopardize your ability to recover compensation. At Koenigsberg & Associates Law Offices, we have extensive experience handling premises liability cases in New York City. Our team is dedicated to protecting your rights and ensuring that you receive the justice and financial recovery you deserve.

Call us at (718) 690-3132 or fill out our online contact form to schedule a free consultation. Take the first step toward justice and recovery today.