Property owners have a legal duty to keep their premises in a reasonably safe condition so that guests on the property will not be injured. If they fail to do so, by neglecting their property, and an injury occurs, the landowner may be liable for their negligence – hence the term “Premises Liability.” Sometimes dangerous conditions can be hidden and sometimes they are out in the open. In either case, the guest on the property should be free from risk of injury.
Whether an injury occurred in the parking lot of a grocery store, on the sidewalk in front of a business, or at a neighbor’s home, the owner of the property owes all individuals on the property a duty. What type of duty owed depends on the reason the individual is present on the property. For example, the highest duty is for an “invitee” or simply, an individual on another’s property for a business purpose, such as a customer in a retail store. This is followed by a “licensee” or simply, a person who is legally on another’s property for non-business purposes. The lowest duty owed is to trespassers, being those who are not legally on another’s property.
Premise liability cases are very common in New York City. Because of that, New York has a substantial body of complex case law dealing with premises liability claims. If you were injured on another’s property, you should contact a premises liability attorney as soon as you are healthy enough to do so. Many individuals who are injured have a premises liability claim without realizing that they may be entitled to damages. If you were injured on another’s property and believe that you may be entitled to compensation, a premises liability attorney at Moshes Law, P.C. is available to help. Whether you have suffered a minor injury or a serious disability, our advocates can walk you through your case and help you evaluate whether you have a valid claim. Contact Moshes Law, P.C. for a free consultation today.
Injuries come in all shapes and sizes. Every plaintiff is different and has unique needs. Thankfully, our premises liability attorneys represent them all. Our attorneys have experience handling the following types of cases:
Slip and falls are by far the most common type of injury that premises liability lawyers encounter. This is true because property owners often neglect repairing sidewalks and flooring. Slip and falls claims may also arise in the following situations:
Swimming pool accidents are often the most serious premises liability cases in New York. This is because the injuries resulting from swimming pool accidents are often catastrophic, sometimes even resulting in death. While settlement out of court is commonplace, swimming pool accident cases require litigators who are ready to go to the courtroom and fight for the injured. Liability for swimming pool injuries may arise because of a negligent or inattentive lifeguard, improper pool maintenance, code violations, unsafe pool equipment, or other negligent behavior.
All dog owners have a duty to restrain their dogs and protect others from their dogs. Dog bite cases are a special subset of premises liability; serious injuries in New York happen every year because dog owners fail to property restrain their pets. This is especially true in high population areas where escaped dogs are easily frightened and overwhelmed. Medical bills resulting from dog bites have the potential to be astonishingly high due to the potential for infection and long-term scarring.
Retail store accents oftentimes occur when the store employees fail to quickly clean up a spill or other mess that causes an unreasonable risk of harm to shoppers. Because shoppers are on the premises for commercial purposes, the store owner has a heightened duty of care to protect the customer against injury. Store owners may even be liable when they are not actually aware of the dangerous condition, but have constructive notice of it. For example, a store owner may be liable for a slippery floor during a rainstorm, even if the employees did not see the actual puddle. This means that retail store accidents are often easier to litigate than claims against private citizens.
Kids get hurt, and that is a fact of life. Kids, however, should not be injured because the owner of a playground has failed to maintain it. Cases involving kids have special considerations because kids are not able to evaluate danger in the same manner as an adult. Knowing that children will be the ones using a playground, this means that the owner of a playground, oftentimes a city, is held to a higher maintenance standard.
Trampolines can lead to hours of fun for young children and adults. They are, however, inherently dangerous and can cause anything from minor sprains to catastrophic injuries. Because trampolines are often a group activity, claims can be brought against the trampoline owner or the other users, depending on who was at fault. The owner has a duty to reasonably maintain the trampoline in a safe condition under a theory of premises liability. While this falls outside the scope of premises liability, users of the trampoline have a duty to act reasonably towards others as well.
The damages that can be recovered in a premises liability suit oftentimes depend on the injury incurred and the severity of the property owner’s negligence. Generally, the amounts recovered are to compensate the injured for out of pocket expenses resulting from the injury. There are restrictions on damages, however. For example, punitive damages, which are damages meant as a punishment for the defendant’s behavior, are generally disallowed unless the defendant acted wilfully in causing the injury. The most common damages recovered are intended to recover expenses for:
Due to the high price of medical care in New York City, medical bills are often the largest portion of a standard premises liability claim. This is especially true where the injured individual suffers a long-term injury, such as a spinal or neurological injury. Compensation for medical bills will ideally cover the past and present cost of the injured’s medical needs, including medication. It is oftentimes difficult to correctly estimate the medical cost a severely injured individual will need over the course of their life. It is commonplace for injured individuals and their families to severely underestimate the cost of long-term healthcare before they consult a premises liability lawyer.
Lost wages are commonplace in premises liability claims. They arise when the injured person is unable to work for a period of time due to the injury. Claims for lost wages are exceedingly complex because they depend on whether or not the individual is able to return to work. This is a subjective analysis that generally results in a lengthy debate. The amount recovered also is affected by other compensation the injured may receive, such as disability insurance benefits provided by the employer.
Pain and suffering compensates the injured for the period in which they experienced pain as a result of the injury. This is one of the few “non-economic” damages allowed, meaning that it does not compensate the injured for an out-of-pocket expense. Because of that, calculating pain and suffering is quite complex. New York premises liability attorneys have a number of various ways in which they attempt to calculate pain and suffering. This is oftentimes a major area of debate between the parties.
Wrongful death claims are brought by the estate of the deceased on behalf of his or her surviving family members. Wrongful death compensation includes medical bills and funeral costs. Claims can also include other benefits the deceased’s family will no longer enjoy, such as lost wages of the deceased, lost medical benefits from the deceased’s employer, loss of companionship that the deceased’s spouse or children would have enjoyed, and more. Wrongful death claims, however, do include damages for the pain and suffering of the deceased.
Evaluating the monetary value of a premises liability claim is the first step in bringing a lawsuit. The amount of compensation you are entitled to will vary depending on a number of factors, including the severity of your injury, whether or not you are entitled to lost wages, whether the defendant is insured, and the facts of the case. Another factor to consider is who the defendant is. Cases against large companies and municipalities will generally lead to larger claims, as those defendants will have a better ability to pay than, for example, a small grocery store or neighbor.
The attorneys at Moshes Law, P.C. are experienced in all matters of premises liability. Our clients trust us as their New York premises liabilities attorneys due to our proven record of success in obtaining large settlements. Our attorneys are experts in standing up to insurance companies and getting the compensation our clients deserve. If you have been injured as a result of the negligent maintenance of another’s premises, trust the attorneys at Moshes Law, P.C. to stand up for your rights.
At Moshes Law, P.C. we are proud of the results we have obtained for our clients. In fact, most of our cases come from referrals from previously satisfied clients. While our testimonials page will attest to the happiness our clients, we think that our previous cases speak for themselves:
Personal liability is a general catch all term indicating that an individual or entity is liable for damages. For example, a person may be personally liable for a car accident. Premises liability is a body of law within personal liability that establishes liability for injuries arising on an owner’s premises
If a handyman is injured on your property, you may be liable for his injuries. These cases are often factually intensive. Liability will depend on factors such as whether you reasonably maintained your property, the type of injury, and whether the handyman has other forms of compensation through his or her employer, such as workers’ compensation.
Partially. Premises liability falls under the umbrella term of negligence, which encompases a wide range of misconduct. This is because one who fails to reasonably maintain their property is considered negligent.
The first thing you should do is see to your own health. Once you are safe and healthy, you should contact a premises liability attorney to help evaluate your case and prevent you from taking any legally-binding actions, such as signing a release or waiver.
Public property is open to all, but it is generally owned by a state or local government. While state and local governments may have limited liability in New York, successful claims against them are still possible.
Yes. Photos of the place of injury and the injuries themselves are essential in a successful premises liability claim. For example, if you are injured from a slip in an icy parking lot, photos of the ice build up can help establish that the premises owner was negligent in failing to remove the ice.
Slip and falls, trips, and other injuries resulting from unreasonably maintained premises often come with large medical bills. Don’t front the cost for these bills alone. If you were injured on another’s property and have medical or other expenses, you may be entitled to compensation.
Our attorneys have successfully litigated premises liability in claims in the Bronx, Staten Island, Manhattan, Queens, Brooklyn, and throughout the state. Contact the attorneys at Moshes Law, P.C. to discuss how much you may be entitled to.