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New York Premises Liability Attorney

Helping Victims of Negligence Pursue Fair Compensation

Premises liability claims are claims for personal injuries that happened on a property because of the property owner, tenant, and/or the non-owner resident(s) negligence or deliberate wrongdoing. Property owners and tenants have a duty to keep the environment on and surrounding their property safe for people and guests so that they do not suffer any injuries. In these types of cases, everything from the visitor’s permission to be on the property, and the activities done while on the property, as well as the property owner’s and tenant’s activities, are relevant.

At KI Legal Personal Injury, our team of experienced premises liability attorneys in New York can help you or a loved one pursue fair compensation for your injuries. We are committed to providing our clients with personalized counsel and strategies to help them obtain favorable results.

Why Choose KI Legal Personal Injury?

When you choose KI Legal Personal Injury, you choose an injury lawyer who is dedicated to helping you recover the fair compensation you deserve. Our team is committed to fighting for you, and we know how to win. At KI Legal Personal Injury, we believe that injured people shouldn't have to suffer financially because someone else's

Premises Liability Accident Types

Premises liability accidents include a variety of different types of personal injury lawsuits including but not limited to:

Elevator accidents
Sidewalk falls
Swimming pool accidents
Slip and fall accidents
Construction site accidents
Electrocutions and fire injuries from faulty wiring
Ladder Falls
Fallen tree limbs
Negligent security
Inadequate lighting
Amusement park injuries
Defective road resign
Ceiling collapse accidents
Parking lot falls
Scaffolding collapses
Escalator accidents
Radiator burns
Dog bites and animal attacks
Damaged or missing stairway railings
Snow and ice accidents
Toxic exposure
Improper irrigation and flooding

Determining Liability

One of the most important things a personal injury lawyer must prove in a premises liability personal injury case is who is liable for the person’s injury. The four key considerations are:

1.Why Was the Person On the Property Injured?

Here, one must think about whether the injured is an invitee – which is someone who was invited to someone’s residential or commercial property, which includes stores, licensee – which is someone who the owner consented to have to enter their property, either as a guest or for the licensee’s own purpose, social guest – which is someone who was a welcome visitor on/in that property, and trespasser – which is someone who entered on/in the property with no consent or invitation. This is the only case in which, irrefutably, the implication that reasonable care was taken to make sure the property is safe does not exist.

2. What Were the Property’s Conditions & the Owner’s & Visitor’s Actions?

Here, the main consideration is just whether reasonable care was exercised for any visitors that may come on/in the property – aside from trespassers. Legally, determining whether the standard of reasonableness has been met depends on the circumstances under which the visitor entered the property, how the property is being used, whether the accident and/or injury was foreseeable, and whether it was reasonable for the owner/possessor to point out how dangerous a condition was to visitors.

3. Was the Visitor a Trespasser and/or a Child?

The only instance in which the owner/possessor should alert a trespasser about the dangerous conditions on the property is if the owner/possessor has installed artificial conditions that are known to likely cause serious injury or death. Children, on the other hand, are covered by the “attractive nuisance” doctrine that makes it the owner/possessor’s duty to warn children of potentially dangerous conditions on the premises even if they are not authorized to be on the property, and even if they may not ever come onto the premises.

4. Was Neither the Visitor Nor the Owner at Fault?

While owners/possessors have the liability to exercise reasonable care, visitors also have a responsibility to exercise reasonable care for their own safety. If a visitor does not do so, their recovery could potentially be limited and/or reduced through the “comparative fault” system – aka personal injury lawyer’s process for reducing a person’s legal damages by a percent that is equivalent to their fault in the accident.

The Special Rules that Landlords Are Afforded

Generally, landlords (aka lessors) of property are not liable for any injury that takes place due to the conditions of a property once that property has been leased – however, there are numerous exceptions to this rule that must be thoroughly considered.

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How Can a Premises Liability Lawyer Help If the Liable Party Denies Negligence?

When a property owner or occupier denies liability for an accident, it can be difficult for the injured party to prove their case. This denial can stem from various reasons, such as fear of financial loss, reputational damage, or lack of knowledge about their legal obligations.

In such situations, the injured party may face several challenges, including:

Proving negligence: Establishing that the property owner breached their duty of care by failing to maintain a safe environment or warn of potential hazards can be complex and time-consuming
Collecting evidence: Gathering sufficient evidence to support the claim, such as photographs, witness statements, and expert testimony, can be challenging without legal assistance
Navigating the legal process: The legal process involved in premises liability cases can be intricate, and navigating through it without proper guidance can lead to costly mistakes and missed opportunities

A premises liability lawyer plays a crucial role in helping clients overcome the challenges posed by non-cooperative liable parties. Their extensive knowledge can assist clients in many ways, including proving negligence, calculating damages, negotiating a settlement, and representing claimants in court.

Statute of Limitations to File a Premises Liability Claim

A statute of limitations is a legal principle that sets a specific time limit within which legal action must be taken for certain types of cases. The primary purpose of this concept is to ensure fairness in the legal system by preventing the prosecution of stale claims and preserving the integrity of evidence, as memories fade and evidence degrades over time. In other words, it prevents individuals from being indefinitely subject to potential legal action.

In New York, claimants only have three years from the date of the accident to pursue a premises liability claim (see New York Civil Practice Law & Rules §214(5)). However, it is important to note that claims against government entities must be brought forward within a shorter window of time.

Understanding the Shared Fault Rule in New York

The Shared Fault Rule, also known as comparative negligence, is a legal principle applied in New York that allows for the distribution of fault among multiple parties involved in an accident or injury. Under this rule, each party's degree of responsibility is determined, and damages are awarded accordingly.

For example, if you were wearing old or worn shoes on the day of your slip and fall accident, the court may believe that you are 10% at fault for the accident. If you suffered $100,000 in damages, your settlement award will be reduced by $10,000, and you would only receive 90% in the final award.

Experienced Litigators

At KI Legal Personal Injury, our team is full of experienced litigators, and we are not afraid to go to trial. When you retain our services, you can trust that our premises liability attorneys in New York will work with your best interest in mind and are committed to helping you get the best possible award—no matter how long it takes.

Call (646) 766-8308 to get started on your claim today. Se habla español.

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Ki legal Personal Injury Case Results

Elevator Negligence
Successfully sued on behalf of an elevator rider who suffered back injury when the elevator came loose and plunged several floors.
Residential Negligence
Successfully sued a high-rise condominium for negligently constructing a ramp that caused a visitor to break her ankle.
Pedestrian Trip & Fall
Successfully represented a pedestrian that tripped on a sidewalk in front of a property in Queens. We were able to secure a $130,000 settlement after depositions.
Residential Negligence
Successfully sued a high-rise condominium for negligently constructing a sidewalk that caused a resident to break her wrist.
Parking Garage Negligence
Successfully sued a parking garage for failing to repair a concrete gap that caused a bicyclist to break his wrist and jaw.
Gym Slip & Fall
Successfully represented a gym guest that slipped and fell on an unsecured gym mat while walking through a gym. A lawsuit was successfully litigated against the HOA condo association which ended up in a favorable settlement for the client.

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