Experienced White Plains Attorneys Protecting the Rights of Accident Victims
Property owners in New York have a duty to exercise reasonable care and maintain their premises in a safe condition. They are required to remove any hazards or warn customers or other guests regarding known risks. If a property owner violates this duty, the individual or entity may be held financially responsible for any harm that results. For over a decade, the Law Office of Michael H. Joseph, PLLC has provided tenacious legal representation to people who have suffered an avoidable injury. Our compassionate slip and fall lawyers provide personalized service to accident victims and their families in White Plains and nearby areas in Westchester County, as well as throughout the state of New York.
Pursuing a Negligence Claim Against a Property Owner
The rules of premises liability were established to hold property owners accountable for ensuring that their visitors are not subjected to foreseeable risks of harm. Typical cases that may arise in this context include falls on a wet floor or uneven pavement, elevator accidents, stairwell mishaps, swimming pool drownings or near-drownings, and dog bites. Although such lawsuits may seem straightforward, not everyone who is hurt on someone else’s property is entitled to recover for his or her harm. To prevail on a premises liability claim in New York, a victim must typically demonstrate that he or she was a business customer, social guest, or other lawful visitor to the property. In addition, the injured person must show that the party in control of the premises was aware of or should have been aware of the dangerous condition that caused the accident. To assert the right to compensation, a causal link must be drawn from this negligent conduct to the victim’s injuries, and quantifiable damages that resulted from the harm must be identified.
In some situations, an entity in control of property may be held responsible for the actions of a third party. Schools, apartment buildings, stores, restaurants, and bars generally must provide reasonable security for people on their premises. If a crime could have been prevented by installing adequate locks, mounting proper lighting, or taking similar measures, a victim may have a negligent security claim against a property owner. For example, if a woman is sexually assaulted in an excessively dark parking garage where other attacks previously occurred, the owner of the garage may be held financially responsible for her harm. Similarly, a landlord may be liable for the injuries that a tenant suffered during a robbery in a crime-ridden area if entry to the building was not adequately secured.
A victim who succeeds in a premises liability claim may be entitled to recover a variety of damages for his or her harm, including medical expenses, lost wages, pain and suffering, temporary or permanent disability, and more. It is important to remember that New York is a pure comparative fault state. This means that an individual may recover some compensation for his or her harm even if he or she was partially to blame for the accident. In these situations, a judge or jury will normally assign a percentage of liability to each party. A victim’s damages award is then reduced by his or her proportion of fault.
You generally have up to three years from the date of your harm during which to file a lawsuit. This is called the statute of limitations. It is often shorter when filing a lawsuit against a government entity, such as a city or the State of New York. A skilled attorney can explain the applicable statute of limitations in greater detail.
Discuss Your Premises Liability Case with a New York Lawyer
A sudden accident can be devastating and leave you with a lot of questions. If you have been harmed in New York by someone else’s negligence, you need a reliable premises liability attorney on your side. At the Law Office of Michael H. Joseph, PLLC, we provide thorough assistance to victims throughout Manhattan, Brooklyn, Queens, the Bronx, and Staten Island. To speak with a skilled advocate about your case, please call us toll-free at (877) 580-6636 or contact us through our website.