Your New York Premises Liability Lawyers
Located in Rosedale, servicing New York City and the counties of Nassau, Suffolk, and Westchester.
If you’ve been injured on a premises as the result of careless property owners, you’ll need a team of trustworthy attorneys at your side to help you file a claim and hold the negligent parties accountable for their actions. Our New York premises liability lawyers can be relied on to pursue compensation for our clients’ sustained injuries so that they can heal quickly and move on with their lives. Whether you speak English, Spanish, or Russian, we’re here to listen to you.
If you have a premises liability case, call the law office of Alex Yadgarov & Associates to schedule your free consultation. We proudly serve all of New York!
What Qualifies as a Premises Liability Case?
According to State of New York law, a property owner has a responsibility to keep their property safe for their visitors. A premises liability lawsuit serves to hold a property owner responsible for the damages sustained by a person who was injured on the property.
Some common premises liability cases include:
- Slip and fall accidents
- Swimming pool injuries
- Animal bites
- Snow and ice incidents
- Elevator and escalator accidents
- Water leaks or flooding
- Toxic chemicals
- Amusement park accidents
Premises liability incidents can often cause minor to severe injuries such as:
- Scratches and abrasions
- Broken bones
- Neck injuries
- Spinal cord injuries
- Traumatic brain injuries
On occasion, these types of accidents may even cause death. If someone you love has died due to an accident caused by negligence on someone else’s property, you may be able to file a wrongful death claim together with an experienced personal injury attorney in order to claim damages for your loss and suffering.
Some common causes of accidents on another’s property may include:
- Wet/slippery surfaces without any warning signage to notify visitors.
- Ice buildup during winter months which has not been cleaned up.
- Debris or items left in a haphazard way that could cause someone to trip and fall.
- Damaged flooring or carpeting.
- Broken or loose tiling.
- Broken or damaged stairways.
- Attacks from animals where fair warning was not given to visitors.
If you’re a premises liability victim in New York, it can be challenging to pursue your case given the proof you’re required to provide of the property owner’s negligence by failing to maintain their property and keep it safe from hazards. That’s why we recommend calling our experienced New York premises liability lawyers for a free consultation. Our legal team can help you prove that the other parties are responsible for your injuries and thus liable to provide fair compensation for the damages you’ve accrued.
Under this area of law, we seek to prove that there was a breach in the legal duty of care, which means:
- Hazardous conditions existed
- Premises owners were negligent in dealing with hazardous conditions
- Premises owners repaired hazards in an insufficient way
- Property owner’s negligence resulted in your injuries
What Damages Can Be Claimed Under a Premises Liability Case?
If you have suffered an accident on someone else’s property due to their negligence and breach of care, together with an experienced New York premises liability lawyer you may be able to claim compensation for damages and losses, both in economic and non-economic terms, from the property owner.
Economic damages include such things as:
- Medical expenses and bills (both current and future).
- Cost of rehabilitation or physical therapy.
- Loss of wages or income.
Non-economic damages (those that are not financial in nature) may include:
- Emotional or psychological distress: Emotional distress caused by the accident and injuries sustained.
- Pain and suffering: Compensation for the physical pain suffered due to the injuries, as well as anticipated suffering.
- Loss of quality of life: Serious and traumatic injuries may alter your life forever.
- Disfigurement and scarring: The implications of disfigurement and scarring on one’s life.
- Permanent Disability: Some injuries may result in loss of limbs, spine injuries etc that can cause permanent disability.
- Loss of consortium: If you are unable to continue a healthy relationship with your spouse and family as a result of your injuries.
What Is Meant by “Shared Responsibility”?
According to New York’s comparative fault laws, the amount of compensation you receive may be reduced if it is found that you were partially responsible for the accident. In this case, you will still be eligible to receive compensation for your injuries and losses, but not the full amount which you expected to receive, since your part in the accident will be deducted from the compensation paid.
If you are partially at fault for your accident, the experienced New York premises liability lawyers at the law firm of Alex Yadgarov & Associates will work hard to minimize your fault in the accident in order to get you the maximum possible compensation.
Why do you need experienced personal injury lawyers in a premises liability case?
- Following an accident, property owners may work quickly to cover up the hazard that caused the accident and try to pin the blame on you. Hence you will need the best legal advice possible to be able to navigate around these problems.
- Negotiating with insurance companies can be difficult since their main aim is to pay as little compensation as possible for your injuries.
- It may be difficult to identify all liable parties to the accident.
- You need an accurate valuation of what your case is worth so that you can get the maximum possible compensation for your suffering.
- Premises liability cases are bound by a statute of limitations, which means you need to file your claim within a certain period of time.
Following an accident such as this, the last thing you need to be concerned about is how to navigate the avenues of the law so that you can claim compensation for your injuries and losses. Our attorneys understand what a difficult time it is for you, which is why we will handle all the legal aspects of your case, leaving you to recover from your injuries with the confidence that you have the best New York premises liability lawyers fighting for you.
Our attorneys will:
- Carry out a free evaluation of your case.
- Help you gather evidence, witnesses and expert opinions.
- Negotiate with insurance companies.
- Carry out an accurate valuation to determine the compensation to be claimed.
- Identify the liable parties.
- File a lawsuit against those responsible if the settlement offered is unsatisfactory.
With our help, you may be able to prove that your injuries were caused by another party and receive compensation.
Call our team of New York premises liability lawyers now to schedule your free consultation.
Q: How long do I have to file a premises liability claim?
A: The statute of limitations for personal injury claims involving premises liability differ from state to state. In New York, it is 3 years from the date the accident occured, which means that you need to file your claim together with an experienced New York premises liability lawyer within the stipulated time period, failing which, you may not be able to claim compensation for your injuries and losses.
There are some exceptions however, such as:
- If a death has occurred resulting from an accident on someone’s else's property, then the time allowed to file a wrongful death claim is 2 years.
- If the liable party is a government entity, you will have 90 days from the date of the accident to file a claim.
Q: What kind of evidence is required in a premises liability case?
A: Evidence is crucial when attempting to prove liability in a premises liability claim. The evidence required includes:
- Property records to prove ownership.
- Photographic evidence of the scene of the accident.
- Accident report.
- Insurance documents.
- Witness statements.
- Medical bills and records.
- Employment records to prove loss of wages/income.
- Opinions from expert witnesses.
An experienced New York premises liability lawyer will be able to help you gather all the evidence required to obtain the justice that you deserve.
Q: What is meant by Invitee, Licensee and Trespasser in premises liability cases?
A: An invitee is someone who is visiting the premises with the express permission from the property owner, and may also include neighbors, family members and friends, or may include someone who is visiting a business for the purpose of carrying out a business related transaction during stipulated business hours.
A licensee is someone who had the property owners express or implied permission to enter the premises in order to carry out certain duties. In this instance, property owners have a responsibility to warn the licensee of any hazard prevailing on the property.
A trespasser is someone who does not have permission to be on the property, and as such, in general, property owners do not have a duty of care towards them. However there are certain exceptions to this rule, such as when a child is drawn to the property because of an attractive nuisance (such as a swimming pool or old shed), and is the victim of an accident.
What is meant by “attractive nuisance”?
A: Attractive nuisance refers to anything that is on a property that may attract children to it, but may pose a safety risk. For example, a swimming pool on a property is considered an attractive nuisance since children (whether they may be within the property with or without the owner's permission) may be attracted to it and could suffer an accident or injury (such as drowning). In such a case, the property owner is responsible for ensuring that proper safety precautions are taken to prevent such accidents from occuring.
Q: How much is my premises liability case worth?
A: The value of compensation which can be claimed in a premises liability case will vary depending on:
- The nature and seriousness of the injuries.
- The amount of lost wages or income resulting from the injuries.
- Value of the insurance policy.
- The evidence available.
- Whether you share part of the blame.
An experienced New York premises liability lawyer will be able to accurately determine the value of your case so that you can claim the maximum possible compensation for the injuries and losses you have suffered.
Q: Who can be held liable for my injuries in a premises liability case?
A: The property owner is generally held liable for any accidents that occured on a property. A property owner may include any one of the following:
- Owner of a private property.
- Business property owner.
- Government entities responsible for keeping certain areas of the city clean and safe (such as parks, subways, public facilities etc).
Q: What happens if I was assaulted or attacked while on someone else’s property?
A: If you have suffered an assault or attack while on someone else’s property, this may be classified as a negligent security case, and will be handled by our experienced New York premises liability lawyers. In such an instance the property owner may be found liable and negligent in their duties to ensure the proper security measures such as security cameras, locks, lighting etc have been put in place on the property.
As our potential client, we fight for your right to a fair recovery process, which includes being financially compensated for the costs that have arisen as a result of your injuries.
You may be eligible to be compensated for:
- Medical expenses
- Lost work wages and future earnings
- Emotional trauma
- Other losses resulting from your injury
When you schedule your free consultation with us, we’ll travel to you. At Alex Yadgarov & Associates, we accommodate our clients’ needs because we know you’ve already been inconvenienced by your injuries.
The best law firm ever!!!!!
“I would like to thank Alex Yadgarov lawyers for doing a great job with my case. Alex and his team took very good care of me, They made all easier throughout my case and they were always their for me. ...”Bolanle J