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Claims for Injuries on Private vs. Public Property in Queens

February 7, 2022

Serious accidents can occur without warning, whether you are on private property or a public place. If you or a loved one gets in an accident on private or public premises, you may be eligible to seek financial compensation for your injuries and associated losses by bringing a claim based on the premises liability law.

What Exactly is Premises Liability?

Under New York law, a property owner can be held liable for any hazardous property condition in the following circumstances:

  • The owner directly caused the hazardous condition that resulted in your injuries.
  • The owner knew of the hazardous condition but did not exert reasonable efforts to repair or replace it.
  • The owner must have known about the condition that injured you since any reasonable individual would’ve known about it and exerted reasonable efforts to address it.

These basic premises liability rules apply for accidents that occur in private and public properties, and both private and public entities can likewise be held legally accountable for their employees’ actions. The main difference between injury claims arising from accidents in private and public properties mainly relates to the specific steps involved in bringing an injury claim.

Premises Liability Claims Against Private Property Owners

Claims against owners of private properties, like a homeowner or business owner, is similar to other types of personal injury claims. Your Queens premises liability lawyer will investigate and evaluate your claim, gather the necessary evidence, submit a demand to the liable party, and the claim will be handled by the liable party’s insurance provider.

The insurance provider will offer you a settlement, and if your lawyer finds the settlement sufficient for your losses, you’ll settle the claim. Otherwise, there will be back and forth negotiations, and if these don’t work, your lawyer will fight for fair compensation on your behalf in a trial.

Premises Liability Claims Against The Government and Public Property Owners

The state of New York will waive its sovereign immunity provided that injured victims follow specific rules when trying to recover from or sue the state, city, or municipality, starting with the 90-day deadline for filing a notice of claim. You must likewise follow the rules for filing a personal injury claim in addition to filing the notice.

More importantly, it’s crucial to note that the state’s statute of limitations for most personal injury claims, including premises liability claims against private owners, is three years from the injury date. However, if you fail to file the notice within the 90-day deadline, the court may refuse to hear your case against the government or other public entities.

Consult with an Experienced Queens Premises Liability Lawyer Today

Property owners, regardless of whether they are private or public entities, all have a legal duty of care to anyone who sets foot in their premises. If you believe that a property owner violated this legal duty and this violation caused your injuries, you have the right to seek just compensation.

The skilled Queens premises liability lawyers of Lipsig, Shapey, Manus & Moverman will examine the details of your case to establish fault and prove liability for your losses to ensure that you receive maximum compensation. Call 212-285-3300 or contact us online to arrange your consultation today.


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