Premises Liability Lawyer in Melville

Property owners have a legal duty to maintain safe premises for visitors. If you were injured because of a property owner’s negligence, a Melville personal injury lawyer can help you pursue damages.

The Harrison Law Group has won over $450 million for our clients. If you were hurt in a preventable accident on someone else’s property, a premises liability lawyer in Melville can help you file a claim and obtain compensation.

How a Melville Premises Liability Lawyer Can Help

Premises liability claims require you to prove that the responsible party was negligent and that the negligence caused your injuries.

After an accident, a Melville premises liability lawyer can step in and help by:

• Investigating the incident: A lawyer can gather photographs, surveillance footage, incident reports, maintenance records, witness testimony, and other evidence to prove what happened and who is at fault.
• Calculating your damages: A lawyer can assess your medical expenses, lost income, pain and suffering, and other losses and calculate the value of your claim.
• Handling insurance negotiations: A lawyer can communicate with insurers and attempt to negotiate a fair settlement on your behalf.
• Filing a lawsuit: If the insurance company won’t offer a fair settlement, a lawyer can assist with a lawsuit and represent you in court.

What Types of Compensation Can You Recover?

The damages available to you in a slip and fall case depend on factors such as the severity of your injuries, the cost of your medical treatment, your ability to work, and the other long-term effects of the accident.

You may be able to recover compensation for:

• Medical expenses: You can recoup the cost of emergency treatment, hospitalization, surgery, medication, rehabilitation, and other accident-related care.
• Lost income: You can seek compensation for income you missed out on while recovering from your injuries.
• Reduced earning capacity: You can recover additional damages if your injuries affect your ability to earn an income in the future.
• Pain and suffering: You can receive compensation for physical pain and emotional distress caused by the accident.
• Loss of enjoyment of life: You can recover additional damages if your injury prevents you from participating in activities you previously enjoyed.
• Punitive damages: If the other party acted with gross negligence or malice, you may be able to pursue punitive damages.

What Is the Deadline to File a Premises Liability Claim in New York?

Under NY CPLR § 214, you typically have three years from the date of a premises liability accident to bring a personal injury lawsuit against the at-fault party. If you don’t file your claim before the statute of limitations expires, you will likely forfeit the right to pursue damages.

Exceptions can apply in cases involving government entities, minors, and wrongful death. A premises liability attorney in Melville can help make sure you file on time.

Who Can Be Held Responsible for a Premises Liability Accident?

More than one party can share responsibility for a premises liability accident.

Potentially responsible parties may include:

• Property owners: An owner may be responsible for failing to reasonably maintain the premises or address known hazards.
• Tenants or businesses: A business leasing a property may have responsibility for areas it controls or maintains.
• Property management companies: A management company may be responsible for maintenance, inspections, repairs, or other duties under its agreement.
• Maintenance contractors: A company hired to clean, repair, remove snow, or maintain a property may potentially be responsible for negligent work.
• Security companies: In certain circumstances, inadequate security may contribute to an injury and create a potential claim.
• Government entities: In accidents involving public property, blame may shift to a municipality or another governmental entity.

How Do You Prove Negligence?

To win a premises liability case, you typically must prove the following legal elements:

• Duty of care: The property owner or another responsible party had a legal duty to maintain reasonably safe conditions.
• Dangerous condition: A hazardous condition existed on the property and contributed to the accident.
• Failure to correct the hazard: The responsible party knew or should have known about the dangerous condition but failed to reasonably repair it, remove it, or warn you about it.
• Causation: The dangerous condition caused the accident and your injuries.
• Damages: You suffered actual losses, such as medical bills and lost wages.

What Is Premises Liability?

Premises liability is a type of negligence claim involving injuries caused by dangerous or defective conditions on property. Property owners and other parties responsible for maintaining property generally have a duty to take reasonable steps to keep the premises reasonably safe for people who are legally permitted to be there.

This does not mean property owners are automatically responsible whenever someone gets hurt. To win compensation, you generally must prove that the owner’s negligence resulted in the accident and your injuries.

Common Causes of Premises Liability Accidents

Premises liability accidents can happen in many types of properties, including homes, businesses, parking lots, and public spaces. Common hazards that may lead to these accidents include: 

• Wet or slippery floors
• Uneven flooring or pavement
• Broken or missing handrails
• Defective stairs
• Poor lighting
• Potholes in parking lots
• Ice or snow accumulation
• Falling objects
• Broken doors or windows
• Defective elevators or escalators
• Exposed electrical hazards
• Inadequate security
• Poorly maintained walkways
• Debris or merchandise left in aisles

What to Do After an Accident in Melville

What you do immediately after an accident on someone else’s property can affect your ability to pursue compensation.

It’s crucial to:

• Report the incident: Notify the property owner, manager, employee, security personnel, or another responsible person. If possible, request a copy of the accident report as well.
• Document the scene: Take photographs or video of the condition that caused the accident, as well as warning signs, lighting, stairs, flooring, debris, and anything else that may be relevant to your claim.
• Speak to witnesses: Get the names and contact information of anyone who saw the accident or may have seen the dangerous condition beforehand.
• See a doctor: Get appropriate medical care as soon as possible, even if your injuries don’t seem serious.
• Preserve your clothes: Keep the shoes and clothing you were wearing when the accident occurred.
• Keep records: Save medical bills, receipts, prescription information, wage records, and other documents showing the financial impact of your injuries.
• Be cautious with insurance companies: Do not give a detailed statement or agree to a settlement before speaking to a lawyer.
• Talk to an attorney: Our lawyers can review the circumstances of the accident and explain whether you have grounds for a claim.

Contact a Premises Liability Attorney in Melville

If you were injured because someone else failed to address hazards on their property, you have the right to take legal action. A Melville premises liability attorney from The Harrison Law Group can gather evidence for your claim, negotiate with the insurance company, and help you secure the compensation you are entitled to.

Book a free consultation to start putting together your claim.