Injury on someone else’s property can leave you feeling vulnerable and uncertain about your next steps. The confusion and frustration of dealing with unsafe conditions can be daunting. In New York, understanding premises liability is essential to knowing your rights. This guide will walk you through the critical elements of these claims, empowering you to take charge and pursue the compensation you deserve for your injuries.
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In New York, there is a duty to make sure that premises are safe for the people who use them. Whether someone owns or simply occupies a property, the structure and features of the property must be secure. This includes features such as handrails, steps, floors, and elevators.
For example, in the case of a corner drugstore, the property owner has a duty to ensure the outside premises (such as the parking lot) are safe, while the occupier of the property (the drugstore’s owner) must ensure that the inside premises are safe.
When any features are unsafe or faulty, the person responsible for that property has failed in their duty to provide a safe and secure premises and is liable for any resulting injuries.
Some of the most common accidents include slip-and-fall and trip-and-fall accidents. For example, a person might slip on a wet floor or trip over uneven tiling. Other cases involve ceiling tiles that fall and hit shoppers in a store or lead paint in apartments, causing injury to children.
Failure to provide proper security measures, which then result in injury to people on the premises, can also lead to a liability claim. For example, when a store fails to hire needed crowd control for a major sales event, resulting in customers being injured.
Attorney David Kapelman is an accomplished personal injury attorney serving New York. For over 35 years, he’s helped clients just like you get the answers they need and the damages they deserve following an injury on-premises.
Have questions, or in need of quality representation? Reach out to The Law Offices of David A. Kapelman, P.C. at (212) 563-2010 for an initial consultation today.
A personal injury attorney can sit down with you, review the details of your case, and help you determine if you have a valid claim. For a valid claim, it must be determined that the owner or occupier should have known about the unsafe, dangerous, or defective condition that caused your injury and repaired it.
In other cases, it must be determined that there was a presumption of unsafe conditions, such as a presumption that an apartment’s walls were painted with lead-based paint.
The first thing to do is to take care of your health and seek medical attention for your injury. These medical records will also be crucial in proving your injury and linking this injury to the accident. If possible, photograph the scene of the accident and the object, feature, or spill that caused your accident. Get the names and contact information of any witnesses to the incident, as they can provide helpful testimony in the future.
Next, reach out to an experienced personal injury attorney. They can review the details of your case, handle communication with the liable party or their insurance carrier, and gather important evidence on your behalf.
The first step is for your personal injury attorney to send a claim letter to the responsible parties. These parties are also put on notice with a letter requesting the preservation of any video, security camera, or photographic evidence of the accident.
Your attorney will also help you compile evidence for your case, such as medical records and statements from any witnesses. Next, your attorney will begin settlement negotiations with the liable party and their insurance carrier, seeking damages for your injury. If negotiations break down or do not result in a sufficient settlement, your attorney can go to trial on your behalf.
One of the most important factors is whether the liable party had notice of the defect or the dangerous condition. Supporting evidence of your injuries will also be crucial, making immediate medical attention important.
The Law Offices of David A. Kapelman can also hire a professional engineer to inspect the premises and determine if there were any code violations that could impact your case. In every premises liability incident, getting caring, practiced legal help will be a crucial step in your case.
Still Have Questions? Ready To Get Started? For more information on Premises Liability Claims In NY, a free initial consultation is your next best step. Get the information and legal answers you are seeking by calling (212) 563-2010 today.
Attorney David Kapelman is an accomplished personal injury attorney serving New York. For over 35 years, he’s helped clients just like you get the answers they need and the damages they deserve following an injury on-premises.
Have questions, or in need of quality representation? Reach out to The Law Offices of David A. Kapelman, P.C. at (212) 563-2010 for an initial consultation today.