Long Island Premises Liability Lawyer

Premises liability is a critical area of personal injury law that holds property owners accountable when their negligence leads to injuries on their property. In New York, victims of accidents occurring on dangerous or poorly maintained premises may be entitled to compensation for their injuries. Securing that compensation, however, requires a thorough knowledge of New York premises liability law and a keen understanding of how to prepare and present a compelling case, whether negotiating a settlement with insurers or seeking a jury verdict in court.

In premises liability cases, insurance companies will often downplay the serious nature of the accident victim’s injuries, while at the same time blaming the victim for causing or contributing to the accident through inattention or other negligence. At Jacobson Law, our experienced Long Island premises liability lawyers are dedicated to helping victims pursue justice and compensation for the harm they’ve suffered. As experienced and successful trial attorneys, we are skilled at litigating premises liability matters with the goal of securing excellent results for our clients in or out of court. Contact Jacobson Law at our Long Island offices in Bohemia or Carle Place if you or a loved one has suffered a premises liability injury in New York.

What Is Premises Liability?

Premises liability refers to the legal responsibility that property owners and occupiers have to ensure their property is reasonably safe for visitors. If a person is injured due to unsafe conditions, the property owner may be held liable for the resulting damages. Common types of premises liability cases include:

• Slip and fall accidents
• Trip and fall accidents
• Inadequate security leading to assaults or robberies
• Swimming pool accidents
• Dog bites
• Falling objects
• Elevator or escalator accidents

Each of these scenarios can result in severe injuries, and victims may be entitled to compensation if the accident was caused by the property owner’s negligence.

Key Elements of a Premises Liability Claim in New York

For a successful premises liability claim in New York, several key elements must be established:

1. Duty of care: The property owner must owe a duty of care to the injured person. This duty generally applies to guests, customers, or others who have a legitimate reason to be on the property. However, trespassers are not typically afforded the same level of protection.
2. Breach of duty: The injured party must demonstrate that the property owner breached their duty of care by failing to address dangerous conditions on the property. This could involve failing to make necessary repairs, neglecting to provide warnings about hazards, or not maintaining the property in a reasonably safe manner.
3. Causation: It must be shown that the dangerous condition directly caused the injury. This means that, if the hazardous condition had been properly addressed, the injury would not have occurred.
4. Damages: The injured party must have suffered actual damages, such as medical expenses, lost wages, or pain and suffering, as a result of the injury.

The Property Owner’s Responsibility

Property owners in New York are legally required to maintain their premises in a reasonably safe condition. This responsibility extends to residential as well as commercial properties. For example, landlords and homeowners must ensure that common areas, stairwells, walkways, and other parts of the property are safe for tenants and guests. Business owners, meanwhile, are responsible for maintaining safe premises for customers and employees. This includes addressing hazardous conditions such as wet floors, broken stairs, or uneven pavement.

Municipalities and government entities may also be held liable for unsafe conditions on public property, including sidewalks, parks, and government buildings. In New York, special local laws address particular hazards such as lead paint in apartment buildings and who is responsible for maintaining sidewalks. It is crucial to hire an experienced New York lawyer who understands these complex rules and can work to hold the proper party responsible.

In premises liability cases, the length of time a hazard existed before the injury occurred is often crucial in determining whether the property owner acted negligently. Property owners are generally expected to regularly inspect their premises and address any dangerous conditions within a reasonable time frame. Key elements in establishing liability include whether the hazard is temporary/transitory or permanent, along with whether the property owner either created the dangerous condition, had notice of it, or knew or should have known that it existed.

Comparative Negligence in New York

New York follows a “pure comparative negligence” rule, meaning that even if an injured person is partially at fault for their accident, they may still recover compensation. However, their compensation will be reduced by their percentage of fault. For example, if a court determines that a victim was 20% responsible for a slip and fall accident, their compensation will be reduced by 20%. Although fair on its face, this rule can be used as a cudgel by insurance companies that try to unfairly shift most of the blame onto the victim in order to minimize their payout. This makes it even more important to work with an experienced personal injury attorney who knows the law, investigates the facts, and can fight back in court against unfounded comparative negligence claims.

Time Limits for Filing a Premises Liability Claim

New York has strict deadlines for filing premises liability claims, known as the statute of limitations. In most premises liability cases, victims have three years from the date of the injury to file a lawsuit. If the claim is against a government entity, however, the deadline is significantly shorter, and victims must file a notice of claim within 90 days of the injury. Many New York towns and villages also have “prior notice” statutes which can play a critical role in any claim or lawsuit.

Failing to file a claim within the applicable statute of limitations can result in the case being dismissed, making it crucial for victims to act quickly. At Jacobson Law, we understand the time-sensitive nature of premises liability claims and work diligently to ensure that our clients’ rights are protected.

Compensation in Premises Liability Cases

Victims of premises liability accidents may be entitled to several types of compensation, including medical expenses coverage for hospital bills, surgeries, physical therapy, and other medical treatments related to the injury. In many cases, compensation for time missed from work due to the injury can be a substantial component of the recovery as well. In addition, a comprehensive premises liability claim will include compensation for the substantial physical pain and emotional distress caused by the accident.

If the injury requires long-term medical treatment or rehabilitation, victims may be able to recover compensation for future medical expenses. Likewise, if the injury results in a long-term or permanent disability, victims may be entitled to additional compensation.

How Jacobson Law Can Help

If you’ve been injured in a premises liability accident in New York, Jacobson Law is here to help. Our team of skilled personal injury attorneys understands the complexities of New York premises liability laws and has a proven record of successfully representing injury victims. We take a personalized approach to each case, ensuring that our clients receive the attention and support they deserve throughout the legal process.

Contact Jacobson Law today at 613-515-5662 for a free consultation over the phone or at our Long Island offices in Suffolk and Nassau counties, or in Manhattan by appointment. Our Long Island premises liability attorneys are committed to fighting for the compensation you need to recover from your injuries and move forward with your life.