Queens Premises Liability Attorney

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.

Understanding Premises Liability in New York

Premises liability refers to the legal responsibility property owners have to keep their properties safe for visitors. When property owners fail to maintain safe conditions and someone gets hurt, they can be held liable for the resulting injuries. This area of New York law protects people who are injured on someone else’s property through no fault of their own.

New York premises liability laws place a duty on property owners to regularly inspect their properties for hazards and fix dangerous conditions. This duty applies to many types of properties, including commercial property, residential building locations, and even some forms of public property. When a property owner fails to meet this responsibility, injury victims have the right to seek compensation for their losses.

The scope of premises liability is broad. It covers accidents that occur in stores, restaurants, apartment buildings, hotels, and virtually any other location where people are legally allowed to be. Whether you were hurt at a private residence or a busy shopping mall, you may have grounds for a premises liability claim.

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 premises liability claim.

Slip and Fall Accidents

Slip and fall accidents are among the most common types of premises liability cases. These accidents occur when someone slips, trips, or falls due to hazardous conditions like wet floors, uneven surfaces, poor lighting, or debris in walkways. Trip and fall accidents can cause serious injuries, including broken bones, head trauma, and back injuries.

Property owners must address safety hazards that could lead to slip and fall incidents. This includes cleaning up spills promptly, fixing cracked sidewalks, and ensuring that floors are not dangerously slippery. When they fail to do so, a fall accident victim can file a premises liability claim to recover compensation.

Inadequate Security Claims

Inadequate security is another major category of premises liability cases. Property owners have a duty to protect visitors from foreseeable criminal acts on their property. If a property owner knows that crime is common in the area but fails to provide adequate security measures, they may be liable when someone is assaulted, robbed, or otherwise harmed.

Security measures can include proper lighting, security cameras, security guards, working locks, and controlled access to buildings. When property owners cut corners on security, and someone gets hurt, they can be held financially accountable for the victim’s losses.

Hazardous Conditions and Defects

Premises liability cases also arise from various unsafe property conditions and defects. These can include broken stairs, defective railings, exposed electrical wiring, falling objects, and structural problems. Property owners are responsible for maintaining their buildings and fixing known defects before someone gets hurt.

Even safety hazards that seem minor can cause major injuries. A loose handrail might seem insignificant until someone falls down a flight of stairs. A building owner who ignores maintenance issues puts visitors at risk and may face a premises liability claim when accidents occur.

What Makes a Valid Premises Liability Claim

Not every accident on someone else’s property leads to a successful premises liability claim. Several key elements must be present for a claim to succeed under premises liability law.

First, you must have been legally present on the property. This means you had permission to be there, either through an invitation, as a customer, or for another lawful reason. Premises liability generally does not protect trespassers, though exceptions exist.

Second, a dangerous condition must have existed on the property. This could be a physical defect, a hazard, or a lack of adequate safety measures. The condition must have been unreasonable given the circumstances.

Third, the property owner knew or should have known about the dangerous condition. Property owners cannot ignore obvious hazards or fail to conduct reasonable inspections. If a hazard existed long enough that a reasonable property owner would have discovered it, this requirement is met.

Finally, the dangerous condition must have caused your injuries. There must be a direct link between the hazard and the harm you suffered injuries from. Your Queens premises liability attorney will gather evidence to prove each of these elements.

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.

The Property Owner’s Duty of Care

The duty of care that property owners owe varies depending on the visitor’s status. Invitees, such as customers in a store, are owed the highest duty. Property owners must regularly inspect for hazards and either fix them or warn visitors about them. Licensees, such as social guests, are owed a slightly lower duty. Property owners must warn them of known hazards but are not required to inspect for unknown dangers.

This duty extends to keeping walkways clear, ensuring adequate lighting, maintaining safe structures, and addressing known risks. When property owners or property managers fail in these duties, they can be held liable for resulting injuries through a premises liability lawsuit.

Common Forms of Property Owner Negligence

Negligent property owners create risks in many ways. Some common examples include failing to provide adequate lighting in stairwells and parking areas, not repairing broken steps or railings, allowing water or ice to accumulate on walkways, ignoring reports of safety hazards, and failing to secure commercial property against foreseeable crimes.

Property owners who know about hazards but fail to act are particularly liable. If a building owner receives multiple complaints about a broken lock but does nothing, and someone is assaulted as a result, the owner’s negligence is clear. Your Queens premises liability lawyer will investigate what the property owner knew and when they knew it.

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.

How Queens Premises Liability Cases Work

Understanding the process for Queens premises liability cases helps you know what to expect when pursuing a claim. The process typically begins with a free consultation with a Queens premises liability attorney who can evaluate your case.

Initial Case Evaluation

During your free consultation, your liability attorney will review the facts of your premises liability accident, examine any evidence you have, and assess the strength of your claim. This is when you explain where the accident happened, what unsafe property condition caused your injuries, and what damages you suffered injuries from.

Your attorney will determine if the property owner’s negligence caused your accident and whether you can prove all necessary elements of a premises liability claim. This evaluation is free and confidential, with no obligation to hire the law firm.

Investigation and Evidence Gathering

Once you hire a premises liability law firm, they begin a thorough investigation. This includes visiting the scene where the accident happened, photographing the dangerous condition, interviewing witnesses, and obtaining relevant documents. For slip and fall accidents, this might include maintenance records and incident reports. For inadequate security cases, it could involve crime statistics for the area.

Your legal team will also gather evidence of your damages, including medical bills, proof of lost income, and documentation of how your injuries have affected your life. Strong evidence is important for building a successful premises liability claim.

Filing Your Premises Liability Claim

Your Queens premises liability attorney will file a formal premises liability claim with the insurance company or, if necessary, file a personal injury lawsuit in court. New York’s statute of limitations gives you three years from the accident date to file most premises liability claims, though some exceptions apply.

The claim will detail how the property owner failed to keep the property safe, how this failure caused your accident, and what compensation you deserve. Your liability lawyers handle all aspects of this filing process.

Compensation Available in Premises Liability Cases

Injury victims in Queens premises liability cases can recover compensation for various types of damages. Understanding what you can claim helps ensure you seek full and fair compensation.

Economic Damages

Economic damages include measurable financial losses. Medical bills for emergency care, surgery, hospital stays, medications, and ongoing treatment are fully compensable. You can also recover compensation for future medical needs if your injuries require long-term care.

Lost income is another key component. If you missed work while recovering, you can claim those lost wages. If your injuries prevent you from returning to your job or reduce your earning capacity, you can seek compensation for future lost income as well. Your experienced premises liability lawyer will calculate the full extent of these losses.

Non-Economic Damages

Non-economic damages compensate for intangible losses. Pain and suffering covers the physical discomfort and limitations caused by your injuries. Emotional distress addresses psychological impacts like anxiety, depression, and trauma from the accident.

Loss of enjoyment of life compensates you when injuries prevent you from participating in activities you once enjoyed. These damages are real and significant, even though they cannot be measured in receipts and bills. Your Queens premises liability lawyer knows how to present evidence of these losses effectively.

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.

Working with Insurance Companies in Liability Cases

Insurance company representatives often contact injury victims quickly after premises liability accidents occur. They may seem friendly and helpful, but remember that their goal is to minimize payouts. They work for the property owner, not for you.

Before speaking with an insurance company, contact a Queens premises liability attorney. Insurance adjusters may try to get you to give recorded statements or sign releases that could hurt your claim. They might offer quick settlements that are far less than your claim is worth. Your liability attorney handles all communication with insurers, protecting your rights throughout the legal process.

Many premises liability cases settle through negotiations with insurance company representatives. Your legal team will present a demand that outlines the property owner’s negligence and the full value of your damages. We push for maximum compensation that reflects the true cost of your injuries.

Common Defenses in Premises Liability Law

Property owners and their attorneys use various defenses to avoid liability. Understanding these defenses helps you prepare for challenges to your premises liability claim.

The Comparative Negligence Defense

New York follows a comparative negligence rule in premises liability cases. This means that if you were partially at fault for your accident, your compensation will be reduced by your percentage of fault. For example, if you were texting while walking and didn’t notice a warning sign about a wet floor, you might be found partially responsible.

The insurance company will look for any way to shift blame to you. They might claim you were not paying attention, that you should have seen the hazard, or that you were in an area where you should not have been. Your liability lawyers will counter these arguments by showing that the property owner’s negligence was the primary cause of your accident.

Lack of Notice Defense

Property owners often claim they did not know about the dangerous condition that caused your accident. They may argue that the hazard had just appeared and they had not had time to discover and fix it. This is why evidence about how long the condition existed is so important.

Your Queens premises liability lawyer will investigate whether the property owner should have known about the hazard through reasonable inspections. If the condition existed for hours or days, the owner likely should have discovered it. Maintenance records, incident reports, and witness testimony can prove notice.

Why Choose Our Premises Liability Law Firm

Poltielov Law Firm P.C. brings significant experience to Queens premises liability cases. Our legal team understands New York premises liability laws and knows how to build strong cases against even the most resistant property owners.

We work on a contingency fee basis, meaning you pay no upfront costs. We only get paid if we win your case. This allows injury victims to access quality legal representation regardless of their financial situation. Our focus on securing maximum compensation means we are motivated to achieve the best possible outcome for you.

Our Approach to Premises Liability Cases

Every premises liability claim requires a personalized strategy. We begin by thoroughly investigating where and how the accident happened. We document unsafe property conditions, gather witness statements, and obtain all relevant records. For accidents at a commercial property or residential building, we review maintenance logs and previous incident reports.

We also work to prove that the property owner knew or should have known about the hazard. If a building owner ignored complaints or failed to conduct inspections, we gather evidence of this negligence. Our goal is to show that the property owner could have prevented your accident but failed to act responsibly.

Maximizing Your Recovery

Securing maximum compensation requires understanding the full scope of your damages. We do not just look at your current medical bills and lost wages. We also consider future medical needs, long-term impacts on your earning capacity, and the permanent effects of your injuries.

Our liability lawyers have handled many premises liability cases and understand how to value complex claims. We push back against low settlement offers and are prepared to take cases to trial when insurance companies refuse to offer fair compensation. Our track record speaks to our ability to achieve strong results for our clients.

Types of Properties Covered Under Premises Liability

Premises liability applies to virtually any property where you might be injured. Understanding the different types of properties helps clarify when you might have a claim.

Commercial Properties

Commercial property locations include stores, restaurants, shopping malls, offices, and other business locations. Business owners have a strong duty to keep their premises safe for customers and visitors. They must regularly inspect for hazards, clean up spills, maintain safe walkways, and address safety hazards promptly.

When accidents occur at commercial property sites due to negligent property owners, victims often have strong claims. Businesses have resources to maintain their properties properly maintained and cannot use lack of time or money as an excuse for dangerous conditions.

Residential Properties

Residential building accidents can occur at apartment complexes, condominiums, single-family homes, and other dwelling locations. Landlords and property managers have duties to tenants and guests to maintain common areas, repair dangerous conditions, and ensure adequate security.

Accidents at a private residence are also covered if you were a guest or invitee. Homeowners must keep their properties reasonably safe for visitors, though the standard is somewhat lower than for commercial property owners.

Frequently Asked Questions About Premises Liability Claims

What Should I Do Immediately After a Premises Liability Accident?

First, seek medical attention for your injuries. Your health is the top priority. Getting prompt medical care also creates documentation of your injuries, which is important for your premises liability claim. Take photos of the dangerous condition that caused your accident if possible. Get contact information from any witnesses who saw what happened. Report the accident to the property owner or manager and ask them to document it in an incident report. However, do not give detailed statements about what happened or sign any documents without consulting a Queens premises liability attorney first. Contact a premises liability lawyer as soon as possible to protect your rights.

How Long Do I Have to File a Premises Liability Claim in New York?

New York’s statute of limitations for most premises liability claims is three years from the date of injury. This deadline is strict, and missing it usually means losing your right to recover compensation. Some exceptions apply in certain circumstances, such as claims against government entities, which may have shorter deadlines. Do not wait to contact a liability attorney. Evidence fades, witnesses become harder to locate, and property owners may repair the dangerous condition, making it harder to prove your case. The sooner you act, the stronger your premises liability claim will be.

What If the Property Owner Says I Should Have Seen the Hazard?

Property owners and insurance company representatives often try to blame accident victims. They may claim the hazard was “open and obvious” or that you were not paying attention. However, New York premises liability laws recognize that even visible hazards can cause accidents, especially when property owners created or failed to address them. Your Queens premises liability lawyer will counter these arguments by showing that the property owner had a duty to fix the hazard or provide adequate warnings. The comparative negligence rule may reduce your compensation if you were partially at fault, but it does not necessarily bar recovery. An experienced premises liability lawyer knows how to minimize comparative fault arguments.

Can I Sue If I Was Injured at a Friend’s House?

Yes, you can file a premises liability claim even if you were injured at a private residence owned by someone you know. While this may feel uncomfortable, remember that the claim is typically paid by the homeowner’s insurance policy, not directly by your friend. Homeowners carry insurance for exactly this reason. Property owners, including homeowners, have a duty to keep their properties reasonably safe for guests. If a hazard at a private residence caused your serious injuries, you have the right to seek compensation. Your liability lawyer can explain your legal options while handling the situation sensitively.

What Compensation Can I Receive in a Premises Liability Case?

You can recover compensation for all damages resulting from the accident. This includes medical bills, lost wages, future medical expenses, future lost income, pain and suffering, emotional distress, and other losses. The amount varies based on the severity of your injuries, the impact on your life, and the strength of evidence against the property owner. Your Queens premises liability attorney will calculate the full value of your claim, including both current and future losses. We fight for maximum compensation that truly reflects what you have lost due to the property owner’s negligence. Our goal is to secure maximum compensation that helps you move forward with your life.

How Do I Prove the Property Owner Was Negligent?

Proving negligence in premises liability cases requires showing several things. First, that the property owner owed you a duty of care. Second, that a dangerous condition existed on the property. Third, that the property owner knew or should have known about it. And fourth, that this condition caused your injuries. Your legal team gathers evidence to prove each element. This can include photographs of the hazard, maintenance records showing a lack of proper upkeep, witness testimony, expert opinions, and incident reports showing previous accidents in the same location. An experienced premises liability lawyer knows what evidence is needed and how to obtain it.

What If Multiple Parties Are Responsible for the Unsafe Condition?

Many premises liability cases involve multiple potentially responsible parties. For example, a building owner might be liable, but so might the property managers who handle day-to-day maintenance, or a contractor who performed defective work. In these situations, all parties who contributed to the unsafe property condition can be held liable. Your Queens premises liability attorney will identify all responsible parties and pursue claims against each one. This increases the available insurance coverage and improves your chances of receiving full compensation. New York law allows injured parties to recover compensation from any or all responsible parties.

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.

If you suffered injuries on someone else’s property due to unsafe property conditions, do not wait to seek help. Our personal injury lawyers have extensive experience with premises liability claims throughout Queens and New York. We understand premises liability law and know how to hold property owners accountable when their negligence causes harm.

Whether your accident involved a slip and fall, inadequate security, or any other hazardous condition, our personal injury law firm is ready to fight for you. We handle all types of liability cases and are committed to securing the fair compensation you deserve. Contact our Queens premises liability lawyer today to discuss your legal options and begin the legal process of holding negligent property owners accountable.