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 an injury on someone else’s property in New York City, you could have a legal claim for financial compensation. The New York City premises liability lawyers at the Law Offices of Jay Knispel, LLC, 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 law firm has been representing clients injured on someone else’s property since our founding in 2007. Our legal team has 25+ years of experience. We have been recognized among New York City’s most esteemed trial lawyers.

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

How the Law Offices of Jay Knispel, LLC, Help Me With a Premises Liability Case in NYC

At the Law Offices of Jay Knispel, LLC, we focus our practice on one area of law: 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 lawyers at the Law Offices of Jay Knispel, LLC, with your case, be assured that we will:

  • Provide full-service representation, handling all communication with the property owner, their attorney, insurance companies, and the courts
  • Thoroughly investigate the circumstances surrounding your injury and the unsafe condition of the property 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 timely settlements and maximum financial recovery. When that’s not possible, we use our extensive trial experience to fight for the best possible outcome at trial. Reach out to our law offices in New York City today to get your case started and schedule a free consultation on your premises liability claim.

Overview of Premises Liability

New York property owners have a legal duty to make sure that their property is in a safe condition. When a property owner’s failure to maintain their property leads to an injury, they can be held financially responsible for the injury and other losses related to it.

 What is a Premises Liability Claim in New York City?

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

Other premises liability claims can arise from:

  • Swimming pool accidents
  • Elevator and escalator accidents
  • Bed bug injuries and other hotel accidents
  • Apartment accidents
  • Negligent security
  • Construction accidents
  • Rape, burglary, assault, and crimes committed by third parties on the premises
  • Dog bites
  • Poisoning or exposure to toxic chemicals

Certain workplace accidents can also fall into the category of premises liability. In New York City, in particular, premises liability may also attach to pedestrian accidents, if the injury is caused by an unsafe condition 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 the injured person to compensation.

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

This means proving:

  • The property owner’s duty of care
  • Breach of the duty of care
  • That the owner’s act, or failure to act, caused the injury
  • Actual harm or injury was sustained by the claimant

The property owner’s duty of care depends on why the injured party was on the property. The nature of the property can also influence the duty of care.

Do New York Businesses Owe a Heightened Duty of Care to Patrons?

When a person visits premises for business purposes, or when they are on property that is generally accessible to the public, the law considers the person an invitee. An invitee is on the property for the benefit of the property owner.

As a result, property owners have a duty to invitees to:

  • Maintain the property in a reasonably safe condition
  • Fix any dangers or hazards on the property
  • Warn invitees of any dangerous conditions present on the property
  • Conduct reasonable inspections of the property, for the purpose of identifying and repairing any dangerous conditions or hazards

Business owners are responsible for injuries caused by dangerous conditions that they knew about, or that they should have known about if they had done a reasonable inspection.

Do Property Owners Owe a Duty to Social Visitors in NYC?

When a person visits a property for social reasons, they are considered a licensee. As a licensee, a property owner owes you the duty of keeping their property safe and fixing any dangerous conditions.

As it relates to social visitors, property owners do not have a duty to inspect their property for dangerous conditions. However, once the property owner has actual or constructive knowledge of a hazard, they must repair it.

Do Property Owners Owe a Duty to Trespassers?

If a person is on someone else’s property without the property owner’s knowledge, permission, or consent, they may be considered a trespasser. Property owners, generally, do not owe a duty to keep their property in a reasonably safe condition as it relates to trespassers.

There is one important exception regarding trespassers. If there is an “

” on a property, such as a swimming pool, the property owner may have a duty to protect even trespassers from accidents and injuries. Especially if the trespasser is a young child who might not understand the consequences of their actions or even that they are trespassing.

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

The law of premises liability applies to all property owners.

This includes:

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

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

What Damages Are Available in My Premises Liability Case?

Injured victims who can establish the elements of a premises liability case discussed above can recover economic and non-economic damages. 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 person’s direct monetary losses caused by an accident.

Economic damages include:

  • Medical expenses
  • Rehabilitation
  • Lost wages

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

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

Some examples of non-economic damages include:

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

These can be more difficult to prove. Our skilled New York City 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?

Following an injury on someone else’s property, 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) years to file suit for wrongful death claims. You’ll have even less time if a government agency is involved in your premises liability 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 NYC personal injury attorney as soon as you can after you get hurt.

Contact Our New York City Premises Liability Lawyers Today

If you suffered an injury on someone else’s property in New York City, 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 injury. Reach out to our experienced New York City premises liability attorneys to get started on your case today and schedule a free consultation.

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Our Locations

New York City Office 

450 7th Ave Suite 409
New York, NY 10123

Law Offices of Jay S. Knispel Personal Injury-New York City Office

 

Brooklyn Office 

26 Court St., Suite 2511
Brooklyn, New York 11242

Law Offices of Jay S. Knispel Personal Injury - Brooklyn Office

 

We are available to take your call 24/7