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Long Island Premises Liability Lawyers
Top Rated Premises Liability Attorneys Represent Injured Persons In Suffolk County, Nassau County, and Throughout Long Island
The law in New York requires property owners, as well as landlords, to ensure that their properties are reasonably safe for residents, employees, and visitors. If you are injured inside or outside a building as a result of unsafe conditions or negligence of the property owner or manager, you may be eligible to seek compensation for your injuries. A New York premises liability lawyer from Harrison Law Group P.C. can evaluate your case and help you better understand your legal rights and options.
Our dedicated premises liability attorneys in Long Island have decades of experience ably representing clients who have been injured because a property owner failed to enforce the proper safety standards on their premises. Our attorneys are skilled and experienced at handling injury cases throughout New York. We help accident victims get the compensation they need and deserve to take care of their injuries, and we will fight for you too, for the best outcome in your case.
Contact us today if you suffered an injury as a result of the negligence of a property owner. We offer a free case evaluation for victims of premises liability accidents, where we can help you determine the best strategy to recover compensation for your injuries. Call now.
The Basics Of Premises Liability Law
Premises liability is governed by the same rules as other personal injury cases, meaning that negligence must be determined as the cause of the accident. A victim of premises liability may bring forth a lawsuit if their case meets the following criteria:
- The victim was owed a duty of care – In this case, it is the property owner’s responsibility to make sure that their premises are safe and free of hazards that could bring harm to anyone who is lawfully on their property.
- The duty of care was breached – With premises liability, that could mean that the property owner was aware of a dangerous condition but did nothing to address it. For example, there could be a spill that creates a slipping hazard that the property owner does not clean up or warn people about.
- The breach of duty caused an accident
- The accident caused the victim to suffer losses – Those losses could be financial, such as the medical bills needed to treat the injury. But they could also be emotional, such as the pain and suffering felt by the victim.
When someone invites a person onto their property, they are responsible for that person’s safety to a degree. They may not be able to govern that person’s behavior and keep them from harming themselves or others, but they can create a safe environment that does not have any harmful hazards. If the person who owns or is in charge of the property fails to uphold that standard and someone gets injured as a result, then they can be held liable for the injury of that person. This is the basis of premises liability law, which is a subset of personal injury law.
The People Who Are Owed a Duty of Care
Each state has different rules about who is eligible for compensation if they get hurt on someone’s property. Some states consider the status of the person who was injured and they divide visitors into the following three categories:
- Invitees – As the name suggests, these are people who were invited onto the premises. The invitation could be explicit, such as when a person is holding a party and guests are invited. The invitation could also be implicit, such as with a store and its customers, though in that case, the invitees are only allowed on the premises during business hours.
- Licensees – This is someone who has the property owner’s implied permission to enter the property, but is doing so for their own purpose. This generally refers to salesmen and the like.
- Trespassers – This is a person who is not allowed or authorized to be on the property.
In states that divide visitors into these three categories, trespassers are not owed a duty of care by the property owner. That means, unlike invitees and licensees, they cannot sue if they get injured because of a dangerous condition on the premises. In some cases, if the property owner suspects that their premises might be susceptible to trespassers, then they should post warnings of any non-obvious dangers that might be on the property.
The exception to the rule regarding a lack of duty of care to trespassers involves children. If there is an attractive nuisance on the property, like a swimming pool for example, then the attractive nuisance doctrine states that the property owner is liable for any injuries caused by the object of attraction even if the child is trespassing on their property.
Types of Cases an Experienced New York Premises Liability Lawyer Can Help You With
The attorneys at Harrison Law Group P.C. are experienced at handling a wide variety of premises liability cases. There are many different types of cases that fall under the umbrella of premises liability law. They include the following:
- Slip and fall accidents
- Inadequate or poor building security that leads to an accident
- Dog bites
- Snow and ice accidents
- Swimming pool accidents
- Toxic substances
- Elevator or escalator accidents
- Poor property maintenance
- Struck by falling objects
- Construction site accidents
- Hotel accidents
- Rape and assault
- Wrongful death
You can see that premises liability covers a wide variety of cases, and yes, that includes dog bites, since a dangerous, unsecured dog on the property constitutes a dangerous condition. The same goes for toxic substances that might make a person sick later on. As long as it can be proven that the person got sick because of those toxic substances they have a valid premises liability case.
The Consequences of Premises Liability
Just as there is a wide variety of premises liability cases, there is a wide variety of injuries that can be caused by them. Any hazard that causes the victim to slip and fall down can cause fractures or broken bones as well as head trauma that can lead to a concussion or even a skull fracture. Cuts and bruises are also possible depending on the nature of the surface. Swimming pools can lead to drowning incidents, which can be life-threatening if the victim does not quickly get assistance. If the drowning victim goes without oxygen for too long, then that could cause brain damage.
The inhalation of toxic substances could cause all manner of problems, from respiratory diseases all the way up to mesothelioma, which is a form of cancer. A fire could result in burns of various degrees; third-degree burns and higher could result in serious injury that requires surgical intervention. An attack from a dog could result in deep bite marks that could cause significant blood loss. Plus any bacteria in the dog’s mouth could lead to nasty infections, and there is, of course, the emotional trauma of getting attacked by the dog. Premises liability can result in a wide variety of very serious injuries, which is why we do not take those kinds of cases lightly.
If you or a loved one were injured on someone else’s property, contact us today to schedule an appointment for a free consultation with a New York premises liability attorney from our firm.
Why You Should Contact A Long Island Premises Liability Lawyer At Harrison Law Group P.C. As Soon As Possible
Accidents can be devastating. However, it is important that you begin the process of making a premises liability claim as soon as possible after your accident. There are several reasons why you should get in touch with an experienced New York premises liability lawyer as soon as possible.
- Property owners often aren’t willing to take responsibility for the accident. They will be quick to deny responsibility and therefore may work to hide the evidence. Consulting with a premises liability attorney early will enable your attorney to begin investigating your claim while the evidence is still fresh. They can build a strong case for you.
- Insurance companies don’t want to make a loss by paying compensation. They will do anything to drive the value of your claim down or to deny it altogether. A premises liability attorney will represent you throughout the claims process. The lawyers at Harrison Law Group P.C. are experienced in dealing with insurance companies. They will fight to protect your rights and negotiate for a reasonable settlement on your behalf.
- You have a limited time in which to file a premises liability claim. You risk losing your right to compensation by waiting too long or hesitating to file your claim. Talking to a premises liability as soon as possible will help you make an informed decision on whether to pursue compensation.
- Your case may involve several liable parties. This may make it complicated. A premises liability lawyer will investigate your case to determine fault. They will ensure that all avenues for seeking compensation are explored and maximize your compensation.
- It can be difficult to determine how much your case is worth. This puts you at risk of accepting a low-ball offer for settlement from the property owner and their insurance company. An experienced lawyer will use their experience and knowledge of the law to determine the approximate value of your claim. We will give you a clear idea of what a reasonable settlement amount ought to be.
Have you been injured while on someone else’s property – whether private, commercial or public? You may have a legitimate claim to compensation from the property owner. Don’t hesitate to contact Harrison Law Group P.C. Our team of attorneys will evaluate your case and help you understand your rights and options. We will investigate your case and determine who ought to be held liable for your accident and injuries. With our assistance, you can maximize your compensation.
The Statute of Limitations for Premises Liability Lawsuits in New York
Every state has its own laws pertaining to personal injury lawsuits. Premises liability lawsuits are one type of personal injury lawsuit. One of the rules regarding premises liability lawsuits involved how long a plaintiff has to file the claim in court. Limitations on how long plaintiffs have to file a claim are called statutes of limitations, and each state has its statutes of limitations for different types of claims.
In the state of New York, the statute of limitations for a premises liability claim is three years from the date that the plaintiff became injured. For example, if the plaintiff slipped and fell in a grocery store on January 1st, 2020, the plaintiff would have until January 1st, 2023, to file a personal injury lawsuit. In some instances, the plaintiff may have longer to file a premises liability lawsuit. The court may toll, or delay, the statute of limitations in limited circumstances. An experienced New York premises liability attorney can advise an injury victim on how the statute of limitations will apply in their case.
New York’s Comparative Negligence Laws
New York uses the legal theory of comparative negligence when deciding whether a plaintiff is entitled to damages in a premises liability lawsuit. The comparative negligence law means that the plaintiff may absorb some measure of fault for their damages if the jury finds that the plaintiff is partially responsible for causing the accident that resulted in their injuries. New York is one of only 13 states that use a pure comparative negligence fault rule. As a result, the plaintiff can still recover damages even if he was 99% at fault for the accident. If awarded compensation, he would be entitled to 1% of the total damages.
Suppose a grocery store failed to mop up an oil spill, and the plaintiff tripped and fell, causing serious injuries. The defense may try to argue that the plaintiff was intoxicated, contributing to the accident. In that case, the plaintiff would absorb some of the fault for the accident, and their damages would be reduced. For example, if the court found that the plaintiff was 40% at fault for the accident, the plaintiff’s percentage of fault does not exceed the defendant’s. In that case, the plaintiff can still recover compensation.
However, the plaintiff will lose 40% of the damages due to their own fault. Suppose the plaintiff received $100,000 in damages. In that case, the plaintiff would only be able to take home $60,000. $40,000 would be subtracted from the total to account for the defendant’s damages.
Damages and Compensation in Premises Liability Lawsuits
Facing a serious injury can be costly, stressful, and time-consuming. The medical expenses for spinal cord injury, for example, can easily exceed millions of dollars over a person’s lifetime. Many people who suffered serious injuries are not able to return to work, making it even more challenging for them to pay their bills. In premises liability lawsuits, as with other types of personal injury cases, a court can award two main types of damages. These types of damages include compensatory and punitive damages.
Compensatory damages are intended to compensate the victim for the economic and non-economic damages he or she has endured due to the personal injury accident. In cases involving accidents that are caused by a dangerous condition on a property, the most common types of damages are compensatory. Compensatory damages can be broken into two further categories, specific and general damages.
General and specific damages are intended to compensate and reimburse the victim for the financial burdens directly caused by injuries sustained from the premises liability accident. The plaintiff’s attorney will attempt to recover compensation for several different types of expenses.
Medical costs have soared in the last decade. Even with high-quality Insurance, the deductibles, co-pays, fees, and procedures that insurance does not cover can easily drain a person’s bank account. Injured or ill plaintiffs can struggle to make ends meet, losing their financial stability because of their injuries. Medical expenses frequently make up the most significant portion of compensatory damages sought by a plaintiff, including:
- Doctor’s fees
- Hospital stays
- Physical therapy and rehabilitation
- Medical aids such as wheelchairs
Lost Wages and Loss of Potential Income
A plaintiff can also pursue compensation for wages that have already been lost because of his or her injury. Being seriously injured frequently requires recovering in the hospital. Some victims have to undergo multiple surgeries, and extended hospital stays. All of the recovery time prevents a plaintiff from being able to work to support himself or herself. Additionally, when a plaintiff becomes permanently injured, it can have long-lasting effects. The plaintiff may not return to work and may suffer a temporary or permanent loss of potential income. This can be devastating for a family, especially if the injured victim was the primary wage earner.
Pain and Suffering
Plaintiffs are entitled to request compensation for the pain and suffering they have endured due to the premises liability accident. Pain and suffering can include a wide range of things, including the actual physical pain of the injury, shock, grief, anxiety, and other forms of anguish related to the injury or the situation. Plaintiffs can also request compensation for loss of consortium, including the loss of support, love, nurturing, and physical contact that may be lost due to the plaintiff’s injuries. Finally, plaintiffs can obtain compensation for emotional distress caused by dealing with a new lifestyle due to their personal injuries.
Contact Harrison Law Group P.C. for Free Consultation with a Top Rated Long Island Premises Liability Lawyer
A premises liability can lead to very serious injuries for the victim and those injuries could require expensive medical care. If you were injured while on someone else’s property you may have a valid claim to file for compensation against the property owner. The attorneys at Harrison Law Group P.C. can help you recover just compensation and hold the property owner accountable for their negligence. We fight for all of our premises liability clients and do our best to make sure that they never have to pay out of pocket for their medical bills or other accident-related expenses.
So if you were injured on someone’s premises due to the negligence of the property owner, then contact us and schedule an appointment with a top-rated New York premises liability lawyer from our law firm. We offer a free, no-obligation case evaluation for victims of premises liability accidents in New York. Call us today to get started on your claim as soon as possible.
Frequently Asked Questions about Premises Liability Claims in New York
The best way to determine if you have a valid premises liability case is to consult with an experienced attorney. The attorneys at Harrison Law Group PC will evaluate your case and determine whether you have a valid claim. We will help you understand your rights and options. We will also investigate your claim and gather evidence to support your claim.
The value of premises liability cases varies depending on various factors including the extent of your injuries. A severe injury for example will attract more compensation. It is impossible to tell exactly how much you will receive as compensation for your premises liability case. However, an experienced New York premises liability lawyer will be able to provide you with an estimation of how much your case is worth. You can use this estimation as guidance on how much to seek as compensation.
Brett and Kristi are the best. Very professional. Any questions at any time weekdays or even weekends they always responded right away. When you become a client they treat you as if you are a family member of theirs. Brett will fight to get you the money you deserve from your lawsuit. I’m very happy with Harrison Law Group!! I highly recommend them.Sofiarose G.