Property owners must keep their premises reasonably safe for those who enter, but accidents happen all the time. At Poltielov Law Firm P.C., our New York premises liability lawyers have the experience necessary to bring a claim when visitors are injured in a variety of accidents. Landlords and other property owners are rarely eager to admit responsibility but instead hire large law firms to represent them. You deserve an experienced attorney by your side, so please contact us to discuss your case.
Types of Premises Liability Claims
People suffer all sorts of injuries due to defects and hazards on a premise, including:
- Falling merchandise
- Slip/trip and falls
- Electrocution
- Elevator/escalator accidents
- Negligent security
- Swimming pool accidents
- Food poisoning
These accidents can happen anywhere, including:
- Spas
- Hotels or motels
- Shopping malls
- Restaurants
- Big box stores
- Government buildings
- Schools or universities
- Libraries
- Private residences
- Parking garages
Consult a New York premises liability lawyer to check whether you have a valid legal claim.
Proving Negligence
If you were on the property lawfully, then the owner owed you a duty to use reasonable care. Often, property owners fail to correct problems they are aware of or should be aware of. For example, a store might refuse to put salt down on the parking lot to melt ice after a storm, or they don’t shut down an escalator that is acting strangely. Other hazards are created by the premises owner or an employee, such as stocking heavy items in an unsecure manner on shelves.
One important fact is whether the owner was aware of the hazard that hurt you or should have been aware. Owners can’t stick their heads in the sand and claim ignorance. They should reasonably inspect their property or anticipate problems. For example, if an area has a high crime rate, the property owner should employ reasonable security measures to keep patrons safe. Because crime is foreseeable, a property owner can’t pretend it doesn’t exist.
What Happens if You Were Trespassing?
Generally, premises owners don’t owe trespassers any duty of care. If you didn’t have permission to enter, or you were told to leave, you are a trespasser.
There are a few exceptions to the general rule. For example, the owner might see you trespassing and let you stay. In that case, they owe you a duty of care. The same is true if they could anticipate people trespassing.
Children are also treated differently even when they trespass. If drawn onto the property by an artificial attractive nuisance, like a swimming pool or jungle gym, then property owners owe them a duty of care.
Premises Liability Damages
We strive to obtain meaningful compensation for our clients. This means carefully building a case and negotiating with an eye toward maximizing the amount of money our clients take home. You can help your case by documenting the hazard that hurt you, either with witness testimony or by taking a picture.
Our clients seek damages for medical care, property damage, pain, suffering, emotional distress, and lost income. Each case is different, and various factors impact how much money is available. Our lawyers have the experience to estimate the full settlement value of a claim.
Contact Our New York Premises Liability Lawyer
Poltielov Law Firm P.C. is happy to offer a free consultation to anyone hurt in a premises accident. Contact us to schedule a meeting or call us now at 718-880-2911.