New York City Premises Liability Lawyer
Personal Injury Attorneys In New York City Representing the Rights of Injured Victims
If you suffered injuries on another person’s property, the owner of that property could be held responsible for all of the damages that you incur as a result. Although some premises injuries occur as a result of a slip and fall accident, negligent security and other problems on the property could also be to blame.
The skilled New York City premises liability attorneys at Lipsig, Shapey, Manus & Moverman have more than 80 years of experience settling and litigating premises liability cases in the State of New York. Our legal team can put their experience to work for you and help you pursue the legal damages you deserve.
Premises Liability Statute of Limitations
New York personal injuries that arise out of a premises liability case typically have a three-year statute of limitations. This means that a personal injury lawsuit must be filed within three years of the date of the accident. If the accident victim does not file a lawsuit in that time period, he or she cannot later come back and try to claim damages.
Premises liability cases are complex, so meeting with one of our lawyers as soon as possible is recommended. It might not be obvious who was in control of the premises, in which case an investigation is necessary. Collecting evidence also takes time. Three years might sound like sufficient time, but it can pass quickly. Failing to observe the statute of limitations can lead to financial ruin.
What Constitutes an Action for Premises Liability?
Visitors to another person’s property could be involved in any number of accidents. Some common examples include the following:
- Slip and fall injuries
- Inadequate security on the property, leading to an assault or attack
- Defective or poorly maintained areas on the property, including worn railings and staircases
- Falling merchandise
- Accidents that occur in swimming pools on the property
- Property fires
- Jacuzzi accidents
- Dangerous dog attacks that take place on the premises
- Escalator accidents
- Elevator accidents
- Exposure to Toxic Substances
Suing the Property Owner
In some instances, an accident victim may be able to file a cause of action against a property owner. In order to recover damages, the accident victim must demonstrate that the property owner owed him or her a duty. Property owners owe business customers and social guests a duty of care. In most cases, the property owner is responsible for known dangerous conditions on the property and has a duty to either correct those conditions or to warn about them. In a nutshell, then, the property owner must be aware of the defect and have a reasonable chance to remedy it, in order to be responsible for the resulting injuries.
Not all accidents give rise to a lawsuit. For example, someone might slip and fall on snow or ice that has fallen during a storm. However, New York’s “storm in progress” doctrine allows property owners sufficient time after a storm has finished to clean off the property. To expect an owner to constantly shovel and de-ice while a storm is in progress is unrealistic.
It can be difficult to determine ahead of time whether you have a case. For this reason, meeting with an experienced premises liability attorney is recommended. At our firm, we can carefully review the circumstances surrounding your accident and determine whether you have a valid legal claim.
What to Do after an Injury
Building a case for compensation is never easy. The actions a victim takes in the hours and days following an accident can strengthen a claim for compensation or undermine a case. At our firm, we recommend that victims try to document the accident as best they can. If you slipped or tripped on something, then get a picture with your smartphone. That can document that the hazard existed.
You should also identify any witnesses. For example, another customer could have seen merchandise fall off a shelf and hit you. These witnesses can be critical, especially if you could not document the hazard that led to your injury.
Also, remember to receive prompt medical care. Doing so helps in documenting your injuries. You will want to do everything possible to get well because failure to follow doctor's orders could end up with you being blamed for your pain and suffering.
To help prove your financial losses, keep key documents, such as all medical bills and receipts for medical care, even if your insurance picks up the cost. Find proof of your income, such as paystubs or profit-loss statements for a small business.
Suing the Government
Some people are injured on government property. For example, you might slip and fall on your way to the DMV. Or you could suffer an injury in a government building or parking lot. The government also must make property reasonably safe for the public, and any failure in this regard could give rise to a lawsuit for compensation.
Suing the government is not the same as suing a private property owner, like a business or your neighbor. You will need to provide proper notice of your claim before marching off to court. This notice gives the government time to investigate and offer a settlement. If you fail to provide proper notice, your case could be dismissed, and you will not have a chance to get compensation for your injuries. For all these reasons, hiring the right NYC premises liability lawyer is key, as not all have experience suing a government entity.
Call a New York City Premises Liability Lawyer Today to Schedule a Free Case Evaluation
If you sustain injuries on someone else’s property, you may be eligible to file a claim for damages against the owner or property manager – or against the insurance company. Specifically, you might be eligible to recover compensation for lost earnings, medical bills, inconvenience, and pain and suffering stemming from the accident.
The experienced attorneys at Lipsig, Shapey, Manus & Moverman can review your legal matter and might be able to file a premises liability claim for you.
To schedule a free consultation and case evaluation with a New York City premises liability lawyer, please call us at 212-285-3300 or contact us online today.