New York Premises Liability Lawyer
If you suffered injuries from an accident on another person’s property, you may be able to file a negligent property owner lawsuit or premises liability claim. These cases can quickly become complicated and liability may be contested, so it is best to work with an experienced attorney.
At the Law Office of Victoria Wickman in New York, we represent people injured in premises liability accidents. Our founding lawyer, Victoria Wickman, has over 20 years of experience. She leads our firm with knowledge, compassion and dedication. Learn how we can help you and your family in a free consultation.
What Is Premises Liability?
A premises liability case often hinges on the property owner’s duty of care. If there was a duty and they breached that duty, their negligence can lead to civil liability. The injured party must prove that the duty was breached, that it caused their accident and that they suffered actual harm as a result. In these cases, they can bring a civil lawsuit against the negligent party.
Common Types Of Premises Liability Cases
There are many reasons you can be hurt on another party’s property, including the following:
- Slip-and-fall and trip-and-fall accidents
- Open hazards such as unfenced swimming pools
- Falling objects
- Broken or uneven pavement
- Potholes
- Stairways with no railing
- Broken steps
- Lack of security features
- Inadequate lighting
- Icy or slippery surfaces
- Dog bites and animal attacks
Any of these dangerous property conditions can cause serious or fatal injuries such as broken bones, traumatic brain injuries, back and spinal cord injuries, lacerations and puncture wounds, impalement injuries, internal organ damage, and oxygen deprivation. You will need compensation to cover your medical costs and lost wages after a premises liability injury.
Who Can Be Held Liable?
Typically, the property owner is liable for injuries or wrongful deaths that occur on their property. This applies to residential and commercial property owners.
Proving Negligence In A Premises Liability Claim
To prove that the property owner was negligent, we will establish that the owner owed you a duty to keep you safe. If you were a visitor, guest or customer, the owner had a duty to maintain the property in a safe condition.
We will demonstrate that the owner breached their duty by failing to make repairs or warn of a dangerous condition, or otherwise causing your accident. If the owner knew or should have known of the danger, it is their responsibility to correct it or warn others of it.
Next, we will show that your injuries were caused by their negligence.
We will also detail your injuries, lost income, medical expenses, and pain and suffering to prove that there are damages to be recovered.
What Compensation Can You Recover?
As with other personal injury claims, you can seek damages for economic and noneconomic losses such as:
- Past and future medical bills
- Past and future lost income
- Loss of earning capacity
- Loss of contributions to the household
- Pain and suffering
- Emotional distress
- Loss of enjoyment of life
- Reasonable funeral and burial expenses
As your lawyer, Ms. Wickman will aggressively pursue the applicable damages in your case so you can begin to move forward.
Why You Need A Premises Liability Attorney
A premises liability claim may seem straightforward, but they are usually more complex than people realize. The negligent party’s insurance company will push back and try to deny fault for the accident. They may try to blame you for your injuries. With our experience, however, we will seek to prove that they are at fault.
You will need financial compensation to cover medical bills, lost wages, and pain and suffering, as well as any additional losses. It will be difficult to recover compensation on your own.
Frequently Asked Questions About Premises Liability
If you or a family member suffered injuries on another party’s property, you may be able to recover compensation. Learn more by reading the questions below:
What qualifies as a premises liability case?
An injury on private or commercial property may be a premises liability case if we can prove that the owner was negligent and owed you a duty of care. From falls and drowning to dog bites and stairway accidents, there are many situations that fall under premises liability.
What do I need to prove in a premises liability claim?
In general terms, you must prove that:
- The property owner owed you a duty of care.
- They breached that duty.
- Their actions directly caused your accident.
- You suffered damages.
What if I was partially at fault for the accident?
In New York, you can still recover damages if you are partially at fault for the accident. Your recovery will be reduced by the amount of fault you share. So, if you were 10% at fault, your settlement or jury award would be reduced by 10%.
Contact Us Today In New York
Your consultation is free. Call us at 646-741-4588 or send us an email to get started.