Long Island Premises Liability Lawyers

Highly-Rated Premises Liability Attorneys Representing Injured People In Suffolk County, Nassau County, and Throughout Long Island

The law in New York requires property owners — and landlords — to ensure that their properties are reasonably safe for residents, employees, and visitors. Individuals and families visit others’ premises in commercial and social contexts with a level of trust that the owners or managers of those properties have responsibly taken the reasonable and required steps to ensure the safety of anyone welcomed to the properties. For this reason, the unfortunate incidents leading to premises liability injuries are often shocking and unexpected. However, fall accidents and other premises liability cases are not as uncommon as you might believe. Our Long Island premises liability attorneys help individuals every day after they have suffered injuries due to the carelessness of the people responsible for managing the locations they were visiting.

If you are injured inside or outside a building due to unsafe conditions or the negligence of the property owner or manager, you may be eligible to seek compensation for your injuries. A New York premises liability lawyer from Harrison Law Group, P.C. can evaluate your case and help you understand your legal rights and options. 

Our dedicated premises liability attorneys in Long Island have decades of experience in ably representing clients who have been injured because a property owner failed to enforce the proper safety standards on their premises. Our attorneys are skilled and experienced at handling injury cases throughout New York. We help accident victims seek the appropriate compensation they need to take care of their injuries, and we will fight for you in your case, too.  

Contact us today if you suffered an injury due to a property owner’s negligence in New York. We offer a free case evaluation for victims of premises liability accidents, where we will help you determine the right strategy to recover compensation for your injuries. Call now.

The Basic Components of Premises Liability Law in New York

Premises liability is governed by the same rules as other personal injury cases, meaning that negligence must be determined as the cause of the accident. A victim of premises liability may bring forth a lawsuit in New York if their case meets the following criteria:

• The victim was owed a duty of care: In this case, it is the property owner’s responsibility to make sure that their premises are safe and free of hazards that could bring harm to anyone who is lawfully on their property.
• The duty of care was breached: With premises liability, that could mean that the property owner was aware of a dangerous condition but did nothing to address it. For example, there could have been a spill that created a slipping hazard, which the property owner neglected to clean up or failed to warn people about.
• The breach of duty caused an accident: It must be shown that the breach of duty led to an accidental occurrence involving the visitor.
• The accident caused the victim to suffer losses: Those losses could be financial, such as the medical bills needed to treat an injury suffered in the accident caused by the breach of duty. However, the losses suffered could also include emotional or “non-economic” losses, such as the pain and suffering felt by the victim.

When someone invites a person onto their property, they are responsible for that person’s safety to a degree. They may not be able to govern that person’s behavior and keep them from harming themselves or others, but they can create a safe environment with no harmful hazards. If the person who owns or is in charge of the property fails to uphold that standard and someone becomes injured as a consequence, then they can be held liable for that person’s injury. It is the basis of premises liability law, a subset of personal injury law.

The Categories People Who Are Owed a Duty of Care When Visiting Another’s Property in New York

Each state has different rules about who is eligible for compensation if they become hurt on someone’s property. Some states — including New York — consider the status of the person who was injured, and they divide visitors into the following three categories:

• Invitees: As the name suggests, invitees are people who were invited onto the premises. The invitation could be explicit, such as when a person is holding a party and guests are invited. However, the invitation could also be implicit — such as with a store and its customers. Note that the invitees are only allowed on the premises during business hours in a case involving a store’s customers.
• Licensees: A licensee is someone who has the property owner’s implied permission to enter the property, but is doing so for their own purpose. This generally refers to salesmen and the like.
• Trespassers: A trespasser is a person who visits or enters a property but is not allowed or authorized to be on that property.

In New York and other states that divide visitors into these three categories, trespassers are not owed a duty of care by the property owner. This means that, unlike invitees and licensees, they cannot sue if they become injured because of a dangerous condition they encounter on the premises. In some situations, a property owner should post warnings of any non-obvious dangers that might be on the property if that owner suspects that their premises might be susceptible to trespassers.

The exception to the rule regarding a lack of duty of care to trespassers involves children. If there is an attractive nuisance on the property, like a swimming pool for example, then the attractive nuisance doctrine states that the property owner is liable for any injuries caused by the object of attraction even if the child is trespassing on their property.

Types of Cases an Experienced New York Premises Liability Lawyer Can Help You With

The attorneys at Harrison Law Group, P.C. are experienced at handling a wide variety of premises liability cases. There are many different types of cases that fall under the umbrella of premises liability law, including the following:

• Slip and fall accidents
• Inadequate or poor building security that leads to an accident
• Dog bites
• Snow and ice accidents
• Swimming pool drowning accidents and other swimming pool accidents
• Toxic substances
• Elevator or escalator accidents
• Poor property maintenance
• Fires
• Struck by falling objects
• Construction site accidents
• Hotel accidents
• Rape and assault
• Poisonings
• Wrongful death

Scenarios with valid premises liability claims may involve code violations, office buildings, personal property, a dangerous sidewalk, dangerous conditions in a parking lot, insufficient security, dangers due to lack of adequate lighting, an injury caused at an amusement park, or many other situations in which an accident happened on Long Island or NYC premises. It will be essential to show that the responsible party — such the property owners, a business owner, or a manager — failed to exercise either the required actions or a reasonable amount of care to stop an unsafe condition from causing harm to a visitor on that party’s property.

Our experienced New York premises liability lawyers can assess whether an injured party has a valid premises liability case with substantial evidence. Our legal team can work with you to secure further evidence through security cameras, witness statements indicating how the accident occurred, and medical records in pursuit of fair compensation for your medical treatment, pain and suffering, physical therapy, lost income, and other damages applicable to your premises liability case.

You can see that premises liability covers a wide variety of cases. Premises liability cases include dog bites, as a dangerous and unsecured dog on a property constitutes a dangerous condition. Similarly, toxic substances may represent premises liability if they might make a person sick later on. As long as it can be proven that the person became sick because of those toxic substances, they would have a valid premises liability case.

The Consequences of Premises Liability

Just as there is wide variety among types of premises liability cases, so is there great variation among the injuries that can be caused in such scenarios. Any hazard that causes the victim to slip and fall down can cause fractures or broken bones, as well as head trauma that can lead to a concussion or even a skull fracture. Cuts and bruises are also possible, depending on the nature of the surface. Swimming pools can lead to life-threatening drowning incidents if a victim does not quickly gain assistance. If the drowning victim goes without oxygen for too long, that could cause brain damage. 

The inhalation of toxic substances could cause multiple problems, from respiratory diseases to mesothelioma, a form of cancer. A fire could lead to burns of various degrees; third-degree burns and higher could lead to serious injury that requires surgical intervention.

An attack from a dog could lead to deep bite marks that may cause significant blood loss. Additionally, any bacteria in the dog’s mouth could lead to nasty infections. There is also, of course, the emotional trauma of being attacked by the dog. Premises liability can lead to a wide variety of serious injuries, which is why we do not take those kinds of cases lightly.

If you or a loved one were injured on someone else’s property, contact us today to schedule a free consultation with a New York premises liability attorney.

Why You Should Contact A Long Island Premises Liability Lawyer At Harrison Law Group, P.C. As Soon As Possible

Accidents can be devastating. However, you must begin making a premises liability claim as soon as possible after your accident. 

You should contact an experienced New York premises liability lawyer right away:

• Property Owners Don’t Want to Be Held Liable for an Accident: Property owners often aren’t willing to take responsibility for the accident. Some property owners will be quick to deny responsibility, and many will work to hide the evidence. Consulting with a premises liability attorney early will enable your legal team to begin investigating your claim while the evidence is still fresh, allowing them to build a strong case for you.

• Insurance Companies Protect Their Interests: Insurance companies don’t want to make a loss by paying compensation. It seems they will do almost anything to drive your claim’s value down or deny it altogether. In contrast, a premises liability attorney will represent you throughout the claims process. The experienced lawyers at Harrison Law Group P.C. have dealt with insurance companies. They will fight to protect your rights and negotiate for a reasonable settlement on your behalf.

• Deadlines: You have a limited time to file a premises liability claim. You risk losing your right to compensation by waiting too long or hesitating to file your claim. Talking to a premises liability as soon as possible will help you make an informed decision on whether to pursue compensation.

• Identifying Liable Parties: Your case may involve several liable parties, complicating it significantly. A premises liability lawyer will investigate your case to determine fault and explore the involvement of all relevant parties. They will explore all avenues to maximize your compensation.

• Case Valuation: It can be difficult to determine how much your case is worth, putting you at risk of accepting a low-ball offer for settlement from the property owner and their insurance company. An experienced lawyer will use their experience and knowledge of the law to determine the approximate value of your claim. Our premises liability attorney team will give you a clear idea of a reasonable settlement amount for your case.

Have you been injured while on someone else’s property — whether private, commercial, or public? You may have a legitimate claim to compensation from the property owner. Don’t hesitate to contact Harrison Law Group, P.C. Our team of attorneys will evaluate your case and help you understand your rights and options. We will investigate the details surrounding your accident and determine who ought to be held liable for your injuries and other losses. We will diligently guide you in a concerted effort to maximize your compensation.

The Statute of Limitations for Premises Liability Lawsuits in New York

Every state has its laws about personal injury lawsuits. Premises liability lawsuits are one type of personal injury lawsuit. One of the rules regarding premises liability lawsuits involves how long a plaintiff has to file the claim in court. Limitations on how long plaintiffs have to file a claim are called statutes of limitations, and each state has its statutes of limitations for different types of claims.

In New York, the statute of limitations for a premises liability claim is three years from the date that the plaintiff became injured. For example, if the plaintiff slipped and fell in a grocery store on January 1st, 2022, the plaintiff would have until January 1st, 2025, to file a personal injury lawsuit. Sometimes, the plaintiff may have longer to file a premises liability lawsuit. The court may toll — or delay — the statute of limitations in limited circumstances. An experienced New York premises liability attorney can advise an injury victim on how the statute of limitations will apply in their case.

New York’s Comparative Negligence Laws

New York uses the legal theory of comparative negligence when deciding whether a plaintiff is entitled to damages in a premises liability lawsuit. The comparative negligence law means that the plaintiff may absorb some fault for their damages if the jury finds the plaintiff partially responsible for causing the accident that led to their injuries. New York is one of only 13 states that uses a pure comparative negligence fault rule. Consequently, the plaintiff can still recover damages even if he was 99% at fault for the accident. He would be entitled to 1% of the total damages if awarded compensation. 

Suppose a grocery store failed to mop up an oil spill, and the plaintiff tripped and fell, causing serious injuries. The defense may argue that the plaintiff was intoxicated, contributing to the accident. In that case, the plaintiff would absorb some of the fault for the accident, reducing their damages. For example, if the court found that the plaintiff was 40% at fault for the accident, the plaintiff’s percentage of fault does not exceed the defendant’s. In that case, the plaintiff can still recover compensation. 

However, the plaintiff will lose 40% of the damages due to their fault. Suppose the plaintiff received $100,000 in damages. In that case, the plaintiff could only take home $60,000. $40,000 would be subtracted to account for the defendant’s damages.

Damages and Compensation in Premises Liability Lawsuits

Facing a serious injury can be costly, stressful, and time-consuming. For example, medical expenses for spinal cord injuries can easily exceed millions of dollars over a person’s lifetime. Many people who suffer serious injuries cannot return to work, making it even more challenging for them to pay their bills. In premises liability lawsuits, as with other personal injury cases, a court can award two types of damages. These damages include compensatory and punitive damages.

Compensatory Damages

Compensatory damages compensate the victim for the economic and non-economic damages he or she has endured due to the personal injury accident. In cases involving accidents caused by a dangerous condition on a property, the most common damages are compensatory. Compensatory damages can be broken into two categories: special and general.

• Special damages: Also known as actual compensatory damages or economic damages, special damages compensate and reimburse the victim for the specific quantifiable financial burdens directly caused by injuries sustained from the premises liability accident. 
• General damages: Also known as non-economic damages, general damages are compensatory damages for harms the victim sustained that are non-monetary and more subjective. Examples would be emotional distress or pain and suffering.

Medical Expenses

Medical costs have soared in the past decade. Even with high-quality Insurance, the deductibles, co-pays, fees, and procedures that insurance does not cover can easily drain a person’s bank account. Injured or ill plaintiffs can struggle to make ends meet, losing their financial stability because of their injuries. Medical expenses frequently make up a significant majority of compensatory damages sought by a plaintiff, including:

•  Doctor’s fees
•  Hospital stays
•  Operations
•  Medications
•  Physical therapy and rehabilitation
•  Medical aids such as wheelchairs

Lost Wages and Loss of Potential Income

A plaintiff can also pursue compensation for wages that have already been lost because of his or her injury. Being seriously injured frequently requires recovering in the hospital. Some victims have to undergo multiple surgeries and extended hospital stays. All of this recovery time can prevent a plaintiff from being able to work to support their household. 

Additionally, when a plaintiff becomes permanently injured, it can have long-lasting effects that prevent them from being able to complete some of their job-oriented tasks. They may not return to work and suffer a temporary or permanent loss of income, which can devastate a family, especially if the injured victim was the primary wage earner.

Pain and Suffering

Plaintiffs are entitled to request compensation for their pain and suffering due to a premises liability accident. Pain and suffering can include a wide range of things, including the actual physical pain of the injury, shock, grief, anxiety, and other forms of anguish related to the injury or the situation. 

Plaintiffs can also request compensation for loss of consortium, including the loss of support, love, nurturing, and physical contact that may be lost due to the plaintiff’s injuries. Finally, plaintiffs can seek compensation for emotional distress caused by dealing with a new lifestyle due to their personal injuries.

Contact The Harrison Law Group, P.C. for a Free Consultation with a Highly-Rated Long Island Premises Liability Lawyer

A premises liability accident can lead to very serious injuries for the victim, and those injuries could require expensive medical care. If you were injured while on someone else’s property, you may have a valid claim to file for compensation against the property owner. The attorneys at The Harrison Law Group, P.C. can help you recover just compensation and hold the property owner accountable for their negligence. We fight for all of our premises liability clients, and we are committed to ensuring they do not have to pay out of pocket for their medical bills or other accident-related expenses.

If you were injured on someone’s premises due to the negligence of the property owner, contact our team today and schedule an appointment with a highly-rated New York premises liability lawyer from our law firm. We offer a free, no-obligation case evaluation for victims of premises liability accidents in New York. Call us today to start on your claim as soon as possible.

We understand you need to be heard, and we are prepared to listen, guide you, and be your voice — The Harrison Law Group, P.C.