Premises Liability Attorneys Serving the New York Area
Property owners throughout New York are expected to maintain their properties in reasonably safe conditions. When these expectations aren’t met and directly cause injury to visitors or residents, property owners may be deemed negligent in a premises liability case. Learn more about premises liability and if Leav & Steinberg LLP can help you build your case.
Premises Liability Attorney in New York and The Bronx
According to New York law, property owners have a “duty of care” to make sure their building is free of obvious and potential dangers that could be harmful to residents or customers. If these standards aren’t met and lead to an accident or injury, the owner could be held responsible for damages that occur on their property. Our team of premises liability attorneys can help you determine if your injury qualifies for a premises liability case.
What Is Premises Liability?
To be considered a premises liability case, your injury must result from the property owner’s negligence. This means the property owner must have known that property conditions were unsafe yet still didn’t take any action to remedy them. Possible compensation for premises liability cases may include monetary damages to cover medical bills, pain and suffering, and lost wages.
Types of Premises Liability Cases We Specialize In
Whether you have been injured in a parking lot, shopping mall, restaurant, grocery store, apartment complex, or another property type due to the owner’s negligence, you may be entitled to compensation. Our dedicated team of attorneys has worked on a variety of premises liability cases, and we specialize in the following:
Commercial Building Premises Liability
Business owners and operators are responsible for ensuring that patrons and other people visiting their property can do so safely. These responsibilities include regularly checking for and repairing issues on the premises, such as damaged stairs, broken glass, and security issues that can pose safety risks. If the responsible party fails to remedy hazards or post appropriate warning signs or communication to property tenants or visitors, they can be held liable for negligence.
Commercial building premises liability covers any injury that you suffer on poorly maintained commercial property, including slips, faulty equipment, or insufficient security. A premises liability claim involving a commercial building should include the tenant (business owner) and the property owner or management company, assuming they’re different people or entities.
Residential Premises Liability
Residential premises liability primarily applies to both homeowners and landlords. If a tenant or visitor is injured on someone else’s property, the claimant must prove both that they were legally on the property and the property owner knew of the unsafe conditions and didn’t take the necessary steps to address them.
Landlords and property owners are responsible for repairing safety issues reported by tenants or visitors, including damaged fire escapes, pest infestations, and broken locks on doors or windows. Ignoring reports and failing to address these claims can demonstrate negligence on the property owner or landlord’s part, and tenants or their guests can sue them for damages.
Sidewalk Slip and Fall Liability
Formally the primary responsibility of New York City, sidewalks must be maintained and in safe, accessible condition when owned by commercial property owners or landlords of apartment buildings. A sidewalk slip and fall liability claim may hold the city or property owner liable depending on certain conditions. In the case of sidewalks outside of private residences, it’s still the city’s responsibility to maintain these walkways.
Elevator Accident Liability
A building’s owner or management company must ensure that the property’s elevators work properly and respond to any complaints from tenants or visitors. Defective elevators must be labeled with some form of “Out of Order” or warning sign.
In addition, regardless of any contracts with a repair service or another third party, addressing repairs and posting warnings is a non-delegable duty that falls on the building owner, unless the repair company or the elevator manufacturer made mistakes while building or repairing the elevator. Elevator accident liability lawsuits can cover any known elevator defects that have caused injuries.
Defective Maintenance of Buildings and Property
Similar to premises liability cases, defective maintenance of buildings and property claims can hold owners liable for resulting injuries, including slips, inadequately trained staff, and design faults if facilities aren’t properly maintained or if the responsible party inappropriately attempted to address issues by cutting corners.
Do I Have a Premises Liability Case?
If you are injured on someone else’s property, you could qualify for a case, but you need to prove negligence by the property owner. Photo or video evidence is crucial to prove the owner was negligent in maintaining safe conditions. If the property has security cameras, request them right away. Be sure to take pictures of your injury, where the injury occurred, and gather any witness statements you can.
If you received medical treatment for your injuries, make sure to have all medical bills and documentation in order. When litigating a premises liability case, your story must be concise, clear, and consistent. Be sure to make note of the details of your injury and the condition of the building at that time. Premises liability cases require substantial evidence, which is why it’s best to consult an experienced attorney.
Client Success Story: 500,000 Settlement at Mediation
Our premises liability attorneys always stand ready to represent our clients and support them in receiving the justice they deserve. For one client, that justice took the form of $500,000 and a settlement at mediation.
Our client retained attorney Robert Rose after she was injured in a trip-and-fall accident due to cracked pavement in a parking lot. She required surgery on her ankle and later developed other health complications. The defendants attempted to argue that the condition of the pavement was not defective and that her health complications were not related to the accident.
We ultimately prevailed, in part due to the experts we hired to prove our case. We brought on an expert engineer who immediately went to the scene of the accident to take measurements, thus proving there was a defective condition that should have been fixed. We also enlisted the help of a separate medical expert who helped us prove her health complications were a result of the accident.
These experts would have testified at trial if needed, but due to the preparation we did at an early stage, we forced the defendants to settle for $500,000 and used the mediation process to obtain that result.
Learn more about our record of success with premises liability cases.
Our Attorneys’ Premises Liability Experience
Leav & Steinberg has helped many clients receive settlements for their premises liability cases throughout New York and The Bronx area. Our team is transparent and honest, and we’ll walk you through the entire process. If you have been injured on someone’s property, we may be able to help you recover compensation. Request a free consultation with either our office in New York City or The Bronx to see if you have a premises liability case.
If you’ve been injured due to unsafe property conditions, our premises liability attorneys in Manhattan and the Bronx are here to help. Contact us today to schedule a consultation.