Premises liability is the legal term for the notion that owners have a duty to maintain a safe property, free of avoidable and unnecessary hazards. When a person suffers an injury on another person’s property due to negligent maintenance or some other unsafe condition, the injured person can pursue a legal claim against the property owner.
Elements of a Premises Liability Claim in New York
In general, to successfully mount a premises liability claim, the following conditions must be met:
- The injured party had permission, either express or implied, to be on the property.
- The property owner knew or should reasonably have known about the danger.
- The property owner knowingly failed to address the issue or warn visitors.
- This failure led directly to the injury.
Premises liability is a complex area of the law, and it can vary from state to state. An experienced attorney can help you understand your rights and determine the next steps toward obtaining the compensation you deserve.
Types of Premises Liability Claims Our New York Attorneys Handle
Premises liability is a broad term that includes many different types of accidents. The legal team at Hofmann & Schweitzer handles all types of premises liability claims, including:
- Slip and fall accidents. These are the most common premises liability claims, often involving spilled food or liquids on the floors of grocery stores or restaurants.
- Dangerous building conditions. Inadequate maintenance including faulty handrails, stairways in disrepair, elevator malfunctions, and unsafe floor conditions, can cause serious injuries.
- Negligent security. Since property owners are responsible for the safety and conditions of their premises, muggings and assaults that result from negligent security can lead to premises liability claims against the property owners.
- Inadequate parking lot maintenance. Potholes, poorly conceived driving paths, and other dangerous conditions in parking lots can lead to accidents and litigation claims.
- Private property accidents. Although most premises liability claims are against commercial property owners, accidents frequently occur on private properties, as well. We bring claims against insurance companies to obtain compensation for accidents resulting from stairway accidents, deck collapses, sidewalk and driveway slips, tree collapses, and other accidents.
- Municipal liability. Our lawyers also take on cities and other municipalities in claims involving accidents due to faulty roadways and sidewalks as well as accidents caused by dangerous conditions in municipal buildings.
Compensation Available for New York Premises Liability Victims
Any type of premises liability accident can cause serious injuries that result in extended medical care and significant bills. Often, victims are forced to miss work because of their injuries, losing vital income and adding more stress to an already difficult situation. It is possible, however, to obtain compensation for hardships related to the injury, including:
- Medical bills
- Lost wages
- Future medical bills
- Lost earning capacity
- Pain and suffering
If you’ve suffered injuries in an accident on the property of a business or another person, you may be eligible to make a claim. Call Hofmann & Schweitzer right away, or take a moment to complete the contact form on this page to schedule your free case evaluation.