As we go about our daily lives in New York, we are very often on someone else’s property. This can include grocery stores, apartment complexes, public swimming pools, office buildings, and even private property. From running errands to going to work, shopping for groceries to bringing the kids to soccer practice, or attending a museum exhibit, and many other situations, we often find ourselves at the property of another individual, company, or entity.
A visitor to that property or residents of the complex has a responsibility to be careful while there and to leave it in good condition. Property owners and their contractors’ managers also have obligation to the visitors. They must keep their property and surrounding environment clean, safe, well-lit, and in overall good condition.
When a premises owner or manager fails in their duties to ensure the safety of visitors to the property and an accident occurs as a result, that person may be held financially responsible in a premises liability claim for any injuries, damages, or losses sustained by the plaintiff involved in the incident.
At Gregory Spektor & Associates, our New York premises liability lawyers have vast experience and a wealth of knowledge to be able to properly advise clients who are victims in premises liability cases and help them work for the compensation they deserve for their injuries. A premises liability lawsuit can be very complicated, so it is always best to hire a personal injury law firm to handle your case and ensure you get the most awarded compensation for damages possible.
What Is Premises Liability Law?
Premises liability is a type of personal injury law wherein a case can be filed when some type of accident occurs on someone else’s property due to unsafe conditions or a defect on the property that was not fixed or visitors to the property were not given adequate warning.
In order for plaintiffs in New York to file premises liability cases, it must be proven that the property owner or the manager of the property was negligent in his or her duties as far as property maintenance and appropriate warnings for the public. Incidents such as slip and fall accidents are considered premises liability cases, and the property owners can be held responsible for the injuries resulting from the fall.
How Can Property Owners Be Held Liable for a Slip and Fall Accident?
As a property owner, you have certain responsibilities and obligations to meet when it comes to the upkeep of your property. Maintaining the safety of the floors, sidewalks, parking lots, and ramps must be a priority so that visitors or guests at your property do not fall and injure themselves.
For example, during the winter in New York, we can get plenty of snow or other wet conditions. A store owner needs to be aware that the floor of the interior of his property will likely become wet and slippery due to customers tracking in snow and ice which will then melt in the warm store. If the melted snow is not regularly mopped up, that floor can become a hazard for anyone coming in or going out of the doors.
A property owner should have some type of mat set up to absorb the moisture, or (at the very least) have a caution sign clearly visible for customers warning them that the floor is going to be wet.
Another example of negligence that a property owner can be held liable for is a lack of duty of care when it comes to the maintenance of the sidewalks, stairs, and the parking lot. When these areas become cracked, warped, or raised as a result of use as well as harsh weather, the dangerous condition needs to be fixed to prevent injuries. A raised sidewalk without proper warning or adequate lighting could easily trip children or elderly persons and result in catastrophic injuries. Personal injury cases could easily result from those types of falls.
When a premises liability accident occurs as a result of an unsafe or defective condition on a property, the property owner may be facing a premises liability case. At Gregory Spektor & Associates, our New York legal team is well-versed in all aspects of personal injury law, including premises liability cases, and we are ready to help you as our client fight for compensation for your injuries resulting from the negligent owner who was derelict in his duty of care obligation.
Types of Compensation a Client May Claim from a Property Owner
In premises liability claims (as with other personal injury cases), there are two types of damages that can be awarded, depending on the circumstances of the events. These include compensatory and punitive damages.
An experienced personal injury lawyer at Gregory Spektor & Associates will evaluate your case and determine what kinds of compensation you may be eligible for.
Compensatory Damages
When it comes to an accident that occurred as a result of a dangerous condition on a property that was not given reasonable care, the most common type of damages awarded are compensatory. This category can be further broken down into special and general damages, and they are designed to compensate or reimburse the plaintiff for financial burdens directly resulting from injuries sustained in the accident. From medical malpractice to premises liability, a lawyer will definitely fight for compensatory damages in personal injury lawsuits.
In the lawsuit, a lawyer from the law firm will fight for awarded compensation for things such as:
- Medical Expenses – As anyone who has ever needed to go to the emergency room or stay at the hospital knows, medical expenses can certainly add up. Even with good insurance, co-pays and other fees not covered by insurance can easily drain a bank account and leave the injured or ill party struggling to make ends meet. The medical expenses often compensated in a personal injury case include:
- Doctor’s Fees
- Hospital Stays
- Medications
- Operations
- Physical Therapy and Rehabilitation
- Medical aids such as a wheelchair
- Lost Wages – Wages that have already been lost as a result of the effects of the incident often get compensated in these cases. Being injured and recovering in the hospital or at home means that you are not at work earning a living to support yourself and your family.
- Loss of Potential Income – When accidents are severe enough to warrant a hospital stay and have long-lasting effects, the injured party will often not be able to go to work and earn a living anymore. Whether that is temporary or permanent, that loss of potential income, especially for the primary breadwinner of a family can have a severe impact on the family.
- Pain and Suffering – In New York, pain and suffering can include a wide variety of things such as the actual physical pain of the injury, grief, shock, anxiety, and other forms of anguish related to the injury or the situation.
- Loss of consortium – This can include the love, support, nurturing, and physical (sexual) contact that may be lost as a result of the injury. Sexual contact between spouses may not be possible after an accident, which can put a strain on the relationship. Children may end up feeling emotionally neglected because the injured parent cannot provide the love and nurturing support they could prior to the accident.
- Emotional Distress – The mental and emotional stress of dealing with the new lifestyle due to the injury cannot be understated and also deserved compensation.
Punitive Damages
On the other hand, punitive damages are designed to punish the defendant for his or her reckless or dangerous actions. In, premises liability cases, generally, the landowner will pay the injury victims for their failure to warn people of the hazards present on their property which resulted in accidents.
Punitive awards are given out more rarely than compensatory. These may be awarded in circumstances such as malicious fraud, sexual assault, aggravated battery, and other particularly despicable acts.
It is important to remember that there are no set standards for the amount of compensation you may be able eligible for or awarded by a jury, so hiring an experienced lawyer to handle your claim is one of the best methods to ensure that you get the best possible outcome for your case.
Laws in New York require that building owners on public or private property have the proper insurance on their property and also do their best to complete repairs to any dangers or a hazard in their building or do not have appropriate lighting. When they neglect these obligations, they may be vulnerable to a lawsuit from those who were injured.
Contact Our Experienced Premises Liability Attorneys
At Gregory Spektor & Associates in Queens, New York, have exceptional experience, knowledge, skills, and expertise in various practice areas of personal injury law, including premises liability. Our legal team is dedicated to helping each client get the compensation they deserve from the owners of properties (or their insurance company) who neglected their duty of care and caused serious accidents.
If you or a loved one were involved in an incident at a property location and sustained serious injuries as a direct result, you may be eligible to fight for compensation, either compensatory and/or punitive. Our lawyers are committed to working with you on your case, determining the right legal strategy, and fighting aggressively for the compensation you deserve.
Contact Gregory Spektor & Associates today to discuss your case in a free consultation, and we will be happy to figure out if you may be eligible to file a lawsuit against negligent property owners in New York. Our lawyers have the skills and experience to thoroughly investigate the circumstances of your case, talk with witnesses, access the accident report, and develop a solid case. Call us now to talk with an attorney at our firm.
Gregory Spektor & Associates
1 Cross Island Plaza Suite 203C,
Queens, NY 11422
1-800-318-8888
