The Saul Law Firm has extensive experience negotiating and litigating premises liability lawsuits. Premises liability is an area of personal injury law that holds property owners, occupants, and managers responsible for the safety and well-being of visitors. We believe you deserve just compensation if you have been injured due to the negligence of a personal, business, or public property owner.
Because holding property owners liable is challenging, having the informed and experienced representation we provide is essential. Well-versed in state liability laws, we represent injury victims throughout Long Island and all New York City Boroughs. We offer free consultations and will charge no attorneys’ fees until we recover for you. Contact our office today to get started with an experienced premises liability lawyer.
What is Premises Liability?
Premises liability refers to the legal obligation of property owners, occupants, or other persons or entities in control of the premises, to maintain a safe environment for those who enter their premises. This responsibility extends to public areas such as sidewalks, parking lots, and common areas within apartment complexes. If the responsible party fails to maintain a safe environment and a visitor suffers an injury as a result, the victim may be entitled to compensation for their losses through a premises liability claim.
How to Prove a Premises Liability Claim in New York?
To prevail in a premises liability claim, the injured party (the plaintiff) must establish the following elements of negligence:
- Duty of Care – The property owner or occupant (the defendant) owed the plaintiff a duty of care. Unlike in other states, the responsibility to maintain a property in a reasonably safe condition in New York is not determined by the status of the plaintiff as an invitee, licensee, or trespasser or whether the property is public or private. Instead, the owner must ensure that their property is reasonably safe under all circumstances, considering the probability of harm to others and the burden of avoiding the risk.
- Breach of Duty – The defendant breached their duty of care by failing to maintain a safe environment or warn the visitor of any known hazards.
- Causation – The defendant’s breach of duty was the direct cause of the plaintiff’s injury.
- Damages – The plaintiff suffered actual damages, such as medical expenses, lost wages, and pain and suffering due to their injury.
Our premises liability lawyer has the skills and experience to prove the necessary elements of negligence and will work to protect your rights in and out of the courtroom.
Types of Accidents That Lead to Premises Liability Lawsuits
Premises liability lawsuits can arise from various accidents, including:
- Slip and Fall or Trip and Fall accidents – These claims are the most common and can result from wet floors, uneven surfaces, poorly maintained sidewalks, broken stairs, inadequate lighting, falling objects, or many other defects.
- Dog Bites – If a dog owner fails to restrain or control a pet that has a known propensity for aggression, and causes injury to a visitor, the dog owner may be held responsible under premises liability laws of “strict liability.”
- Elevator and Escalator accidents – Property owners must ensure that elevators and escalators are properly maintained and functioning safely. Accidents caused by malfunctioning or poorly maintained equipment can lead to liability claims.
- Swimming Pool Accidents – Property owners must ensure that swimming pools are properly maintained and secured to prevent drownings and slip and fall injuries.
- Inadequate Security – Property owners may be held liable if they fail to provide adequate security measures, resulting in a visitor’s injury due to a criminal act such as assault or robbery.
- Toxic substance exposure – Property owners can be held liable if they expose visitors to harmful substances like lead, asbestos, or toxic mold, resulting in injury or illness.
Regardless of the type of premises liability that resulted in your injuries, we have the knowledge and skills to hold the responsible party accountable and get you the maximum compensation you deserve.
How The Saul Law Firm Can Help with Your Claim
We will assess the validity of your claim and explore all your options for obtaining compensation. While an owner’s property insurance policy usually covers premises liability claims, getting the total value of your claim can be challenging because insurers often work to protect their profits by denying claims.
Our seasoned premises liability attorneys will demand compensation that takes into account your current and future medical and financial needs. If the insurance company fails to honor your claim, we are prepared to take legal action in court. We have been litigating premises liability cases for more than twenty-five (25) years and have won substantial awards for our clients.
Although each injury claim is unique, you may be entitled to substantial compensation for economic and non-economic damages, including:
- Medical expenses, rehabilitative care
- Lost wages (past and future)
- Pain and suffering
- Permanent disability
- Emotional distress
- Loss of enjoyment of life
It’s worth mentioning that premises liability claims are subject to the state’s comparative negligence rules. This means the amount of your award will be decreased if you are partially responsible for your injury (such as by failing to be aware of your surroundings). Our legal team is dedicated to protecting you from liability and advocating for your rights. The insurance companies of lawyers on their side and so should you!
Contact Our Experienced Long Island and New York City Premises Liability Lawyers
At The Saul Law Firm, we are dedicated to holding property owners and their insurers responsible for accidents that cause severe injuries. When you partner with us, you will be confident with our experienced premises liability lawyer handling your case. Contact us today so we can start working on your claim now.
The Saul Law Firm, LLP helps clients with premises liability matters throughout Nassau County, Suffolk County, Queens, Brooklyn, New York City, the Bronx, Staten Island, and Westchester County.