New York City Premises Liability Lawyer

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New York City Premises Liability Lawyer

New York City Premises Liability LawyerIf you have suffered a lesion on someone else’s property in New York City, you could have a legal claim for financial compensation. The NYC premises liability attorneys at the Law Offices of Jay S. Knispel Personal Injury Lawyers can help you hold negligent property owners accountable for the harm they’ve caused. We will fight to get you maximum compensation for your medical bills, lost wages, and lingering pain.

Our firm has been representing clients injured since our founding in 2007. Our legal team has 25+ years of experience.

Call our offices in New York City, NY at (212) 564-2800 to schedule a free consultation on your premises liability claim.

How the Law Offices of Jay Knispel Personal Injury Lawyers Help Me With a Premises Liability Case in NYC

How the Law Offices of Jay Knispel, LLC, Help Me With a Premises Liability Case in NYCAt the Law Offices of Jay Knispel, LLC, we focus our practice on one area: personal injury. Our personal injury attorneys in New York City have a thorough understanding of New York’s premises liability laws. We also have deep experience handling these kinds of cases.

If you entrust the premises liability attorneys at the Law Offices of Jay Knispel Personal Injury Lawyers, with your case, be assured that we will:

  • Provide full-service representation, dealing with all communications with the property owner, their attorney, insurance companies, and the courts
  • Thoroughly investigate the circumstances surrounding your accident and the unsafe condition of the owner’s premises
  • Engage New York’s leading experts to evaluate your case, determine the extent of your medical injuries, and value your claim appropriately
  • Defend you against accusations made by the property owner or their insurance company seeking to place you at fault for the injuries you sustained

We do our best to help our clients reach a timely settlement and maximum monetary recovery. When that’s not possible, we use our extensive trial experience to fight for the best possible outcome at court. Reach out to our offices in NYC today to get your case started and program a case evaluation. Our phone number is (212) 564-2800.

We Handle All Kinds of Premises Liability Cases in NYC

We Handle All Types of Premises Liability Cases in NYC

Premises liability encompasses much more than just slips and falls. Premises liability can be triggered whenever a property owner fails to keep their property safe for guests and visitants.

The Law Offices of Jay S. Knispel handles all types of cases in NYC, including:

If you’ve been injured in one of these accidents or another premises liability incident, contact the Law Offices of Jay S. Knispel for a free case evaluation to talk through your claim.

Case Results for Slip and Falls in NYC

Case Results for Slip and Falls in NYC

The Law Offices of Jay S. Knispel has recovered millions of dollars in this type of cases in NYC. We help victims stand up to property owners and insurers to get the compensation they deserve after their accident.

Our NYC attorneys have obtained extremely favorable verdicts for clients, including:

  • $800,000 Verdict for a child who slipped and fell in an apartment bathroom.
  • $750,000 award for a client who tripped while walking on the street
  • $730,000 award for a victim who tripped on a curled mat in a car dealership
  • $650,000 for an individual who slipped on snow and ice
  • $600,000 for an individual who tripped on a damaged pathway leading to a house
  • $550,000 for a victim who tripped on the walkway

Contact us today to schedule a no-cost consultation to discuss how we can help you after your incident.

Overview of Premises Liability

Overview of Premises Liability

New York property owners have a legal duty to make sure that their property is in safe conditions.

When their failure to maintain their property leads to an accident, they can be held financially responsible for the injuries you sustained and other losses related to it.

 What is a Premises Liability Claim in New York City?

What is a Premises Liability Claim in New York City?

Many people understand that property owners can be responsible for injuries sustained in slip-and-fall accidents. However, these accidents are not the only kind of accidents that can trigger a premises liability claim.

Other premises liability claims can arise from:

Certain workplace accidents can also fall into the category of premises liability. In NYC, in particular, premises liability may also attach to pedestrian accidents, if the injuries are caused by an unsafe situation of a property adjacent to a pedestrian right-of-way.

How Do You Prove a Premises Liability Claim After an Accident in NYC?

How Do You Prove a Premises Liability Claim After an Accident in NYC?

Being hurt on someone else’s property does not automatically entitle you to compensation.

To establish a premises liability claim, you must show that the owner (or a third party) was negligent.

This means proving:

  • The property owner’s duty of care. In New York, owners have a duty of reasonable care to keep the surroundings of their properties secure. This means they should fix hazards that pose risks to guests and/or warn guests of dangers that can’t be fixed quickly. They may also have a duty to provide security if they know of criminal activity in the area.
  • Breach of the duty of care. A property owner breaches their duty of care when they fail to keep their property reasonably safe. A breach might occur when a property owner fails to clean up a spill or neglects to repair or correct a tripping hazard.
  • That the owner’s act, or failure to act, caused the injury. You must show that the property owner’s negligence caused it. You must establish that your injury would not have happened “but for” the property owner’s failure to keep it safe. You must also show that your injuries were foreseeable.
  • You suffered damages. You must show that you suffered damages as a result of the incident. These will typically take the form of monetary losses such as medical costs or lost salaries. Damages also include the pain and suffering you experienced.

An injury lawyer can help you gather evidence to show each element of your claim. You must prove all four elements to win your case.

What is a Property Owner’s Duty of Care to Guests?

What is a Property Owner’s Duty of Care to Guests?

Invitee

In many states, a property owner’s duty of care depends on what kind of property owner they are and why visitors are on their property. For example, in these states, business owners have a heightened duty of care to their customers (also called “invitees“) and must regularly inspect their premises for hazards and fix or notify of any dangers they find.

Licensee

In these jurisdictions, most non-commercial, private property owners only owe their guests (also called “licensees”) a duty to warn of known dangers on their property.

However, in NY, all property owners must keep a duty of reasonable care to keep their property in secure conditions for guests, regardless of what kind of guests they have on the premises. However, this duty may be affected by the costs of mitigating dangers, the identity of visitors, and the likelihood of injury to guests.

Slip & Fall Frequently Asked Questions

What is a slip and fall claim?

This type of claim arises when a person slips and falls on another party’s property due to a dangerous setup there.

What do I have to prove in a slip and fall case?

You will have to demonstrate that the owner failed to conserve their premises in reasonably safe condition, which caused you to slip and fall on their property. You will have to show the owner knew or should have known about the dangerous situation that caused you to stumble.

Can I present a claim on behalf of my child?

Yes. You will have standing to sue a property owner if your child fell on the party’s property.

Can I sue someone after I slipped and fell at their home?

If you are hurt at a friend’s or another person’s home, you could be entitled to compensation. You will likely present a claim against their homeowner’s or renter’s insurance to recover compensation.

Can I sue if I’m injured in my apartment?

Possibly. You may be able to sue your landlord if they failed to correct hazards in the building.

If you have additional questions, you should speak with a lawyer. Contact us today to schedule an appointment today.

Common Causes of Slip and Falls

Common Causes of Slip and Falls

Slips and falls can have many different causes. Sometimes you may trip over your own feet.

Other times, they slip or trip because of a dangerous condition.

These accidents often happen due to:

  • Uneven concrete
  • Slippery surfaces
  • Snow and ice accumulation
  • Damaged flooring or stairs
  • Damaged safety railings
  • Foreign objects or substances on the ground

Property owners are responsible for keeping their premises in a reasonably safe condition. If they fail to fix or warn of dangerous situations on their property, they could be liable for a visitor’s slip and fall.

Who Can Be Held Responsible for My Injuries Under NY Premises Liability Laws?

Who Can Be Held Responsible for My Injuries Under NY Premises Liability Law?

Generally, to hold an owner responsible for injuries, the injured party must be legally present on the premises.

It applies to all property owners.

This includes:

  • Private property owners
  • Business owners
  • Government agencies responsible for the maintenance of public parks and facilities
  • Transit companies responsible for maintaining sidewalks, subways, etc.

Don’t Underestimate the Severity of an Injury

Don’t Underestimate the Severity of an Injury

You should never dismiss the severity of an injury even if it may seem like no big deal. You may brush an injury off as “minor” or say, “it’s just a sprain.” However, you shouldn’t underestimate the impact a seemingly minor injury can have on your life.

Moreover, injuries that appear minor initially can quickly worsen or produce delayed symptoms that debilitate you further.

Premises liability incidents often cause:

  • Spinal cord injuries
  • Neck injuries
  • Traumatic brain injuries
  • Soft tissue injuries
  • Broken bones
  • Injuries to the hips, knees, shoulders, ankles, and wrists
  • Wrongful death

If you’ve been injured in an incident like this, seek medical attention right away. Then contact an accident attorney to determine your options for recovering compensation for your injury.

What Damages Are Available in My Premises Liability Claim?

What Damages Are Available in My Premises Liability Case?

Injured victims who can establish the elements of premises liability discussed above can recover economic and non-economic awards. The purpose of damages is to make an injured person whole again or return them, as close as possible, to their position before the injury.

Economic damages are intended to cover an injured individual’s direct monetary losses caused by an accident.

These can include:

  • Medical expenses
  • Rehabilitation
  • Loss of income

Economic damages are proven with evidence of the dollar value of the loss, such as medical bills, pay stubs, and tax returns.

Non-economic awards are meant to compensate an injured person for losses that are not directly financial.

Some examples include:

  • Pain and suffering
  • Emotional distress
  • Loss of enjoyment of life
  • Disfigurement

These can be more difficult to demonstrate. Our skilled premises liability attorneys work with NY’s leading experts to value these non-financial losses and maximize our clients’ compensation.

How Long Do I Have to File a Lawsuit After Being Hurt on Someone Else’s Property in NYC?

How Long Do I Have to File a Lawsuit After Being Hurt on Someone Else’s Property in NYC?

Following an injury, an injured victim has up to three (3) years from the date of the injury to file a lawsuit under New York’s statute of limitations.

Claimants have only two (2) for wrongful death claims. You’ll have even less time if a government agency is involved in your case.

If you miss the deadline that applies to your case, you’ll lose out on the compensation that you rightfully deserve. It’s critical that you speak with an experienced attorney as soon as you can after you get hurt.

New York Shared Responsibility Legislation

New York Shared Responsibility Laws

If you share responsibility for your accident, courts or insurers can reduce your compensation. New York’s comparative fault laws allow them to reduce your damages to account for your share of fault.

For example, suppose you slipped and fell on a banana peel at a grocery store. However, suppose you were texting when you fell. Say a court determines you are 40% responsible for the accident. In this case, you could only get 60% of compensation.

How Much Money is My Premises Liability Lawsuit Worth?

How Much Money is My Premises Liability Case Worth?

The value of your case will depend on a few different factors.

For example:

 

  • The seriousness of your injuries
  • Your medical payments
  • The extent of your lost income
  • Available insurance
  • Whether you shared blame for the incident
  • The strength of your evidence

No two cases are alike. Therefore, an NYC injury lawyer will have to analyze your damages before offering an estimate of your case’s value. Contact the Law Offices of Jay S. Knispel today to discuss this further.

Contact Our New York City Premises Liability Attorneys Today

Contact Our New York City Lawyers Today

If you were injured on someone else’s property in NYC, and you were present legally as an invitee or licensee, you could be entitled to compensation for your losses. Premises liability cases can cover many more situations than the commonly-known slip-and-fall situation.

It is always recommended that an injury victim promptly establish an attorney-client relationship following an accident. Reach out to our experienced NYC premises liability attorneys to get started on your case today and arrange a consultation for free.

New York City Lawyer Review

New York City Lawyer Review

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Read more of our client reviews here.

We Serve Throughout All NYC Boroughs

The Law Offices of Jay S. Knispel Personal Injury Lawyers are proud to serve and help accident victims in all five boroughs: Brooklyn, The Bronx, Manhattan, Queens, and Staten Island.

If you’ve been injured in a premises liability accident, contact us at one of our two locations:

Law Offices of Jay S. Knispel Personal Injury Lawyers – New York City Office
450 7th Ave #409
New York, NY 10123
(212) 564-2800

Law Offices of Jay S. Knispel Personal Injury Lawyers – Brooklyn Office
26 Court St Suite 2511
Brooklyn, NY 11242
(718) 802-1600

We’re available 24/7 to book an appointment with an NYC injury attorney.

Premises Liability Blog Posts

Additional Resources for Cases in NYC

Highly Rated Chiropractors in New York City, NY

  1. 34th Street Chiropractic and Wellness
    469 7th Ave #601,
    New York, NY 10018
  2. Broadway Chiropractic and Wellness
    1410 Broadway #606,
    New York, NY 10018
  3. Herald Square Chiropractic and Sport
    45 W 34th St #1201,
    New York, NY 10001
  4. Get Adjusted Chiropractic PC
    519 8th Ave Suite 811,
    New York, NY 10018
  5. Jeffrey Klein, DC
    1410 Broadway Suite 606,
    New York, NY 10018

*Disclaimer – we do not endorse these companies or profit from having them listed on our website.

Our personal injury law firm in NY, NY also provides:

NYC Premises Liability Infographic

New York City Premises Liability Infographic