Fighting for Victims in
Times of Need
Times of Need
Premises Liability
New York and Westchester County Lawyer for Premises Liability Lawsuits
Under premises liability law, New York property owners and occupiers are supposed to use reasonable care to make sure their property is free from obvious, harmful dangers that could result in injuries to visitors. When a property owner doesn’t repair a defective condition that he knew or should have known about, he or she may be held accountable.
If you were injured as the result of a dangerous property condition, call the seasoned and knowledgeable premises liability lawyers at The Law Office of Mark A. Siesel for a free consultation. We have more than 39 years of courtroom experience. We represent clients injured in connection with elevator accidents, escalator accidents, stairway accidents, slip and falls, sidewalk accidents, snow and ice accidents, and accidents caused by faulty construction or structures.
Common Types of Premises Liability Claims
You can hold a property owner liable in any situation where you are injured due to unsafe conditions on a property. Common claims arise from situations such as the following:
- Slip and Fall Accidents. These are among the most frequent causes of premises liability claims, and they happen when property owners do not quickly address wet floors, icy sidewalks, unsafe stairs or railings, or uneven flooring.
- Vehicle Accidents. In some cases, poorly maintained driveways, garages, parking lots, and even roads can lead to premises liability claims after a vehicle crash.
- Accidents During Repairs. In some cases, property owners may not be able to address a hazard immediately. For example, there may be narrow stairs, low ceilings, exposed wire, or other dangers that either cannot be addressed or will be addressed by professionals soon. In these cases, property owners have a responsibility to warn visitors of the known dangers or to cordon off an area that is hazardous.
- Assault. If a property owner doesn’t ensure adequate lighting, gates, surveillance cameras, security guards, and other safety measures, they can be held liable if someone is injured due to an assault, mugging, or other crime. The survivor of the crime may have a claim against the property owner even if the perpetrator is never caught or charged.
- Animal Attacks. If an animal on a property, such as a pet or livestock, is not properly secured and causes injury, the property owner may be held liable if the animal attacks anyone.
- Swimming Pool Accidents. Property owners with swimming pools must take steps to prevent unauthorized access. Failure to do so can lead to drownings or other injuries. These injuries are especially likely to affect small children, who may wander onto a property because they’re curious about a pool.
- Falling Object Injuries. Falling ceiling tiles, falling merchandise in stores, and loose lighting fixtures are just some of the hazards that have injured people in stores, restaurants, and other public areas. Property owners can be held liable if they fail to properly maintain their property.
Any time that a property owner fails to provide a reasonably safe area for visitors, you may have a claim if you’re injured. It is important to consult with a premises liability attorney in these situations, because there may be multiple liable parties, including tenants of the property, property managers, renovation contractors, maintenance personnel, and other parties. Your lawyer ensures you file a claim against the right parties, so you have the best chance of securing fair financial recovery.
Do I Have a Premises Liability Claim?
In order to hold the owner or occupier accountable for your injuries arising out of a dangerous condition on someone else’s property, we will need to prove it’s more likely than not: (1) you were legally on the property, or you were a known trespasser, (2) the property owner was negligent in handling the dangerous condition, either by failing to repair it, or by failing to rope it off or otherwise provide warnings, and (3) the property owner’s negligence caused your injuries.
Generally, in a premises liability lawsuit, our experienced lawyers will need to show that the property owner knew or should have known about the dangerous property condition. Sometimes we can establish notice, whether actual or constructive, by presenting evidence in the form of video footage or photographs that show how long the dangerous condition existed on the property without being fixed, repaired or warned about.
There are situations in which documentary evidence exists of actual notice to the property owner or occupier. Suppose, for example, there are rotted beams under a balcony at a bed and breakfast, and the last guest emailed the hotel about this problem, and the hotel did nothing. If you were then injured in a balcony collapse, there may be grounds to sue. In that situation, we’d present the email as a piece of evidence that goes towards actual notice.
However, in most cases, there is no evidence of direct notice. Instead, there may be surveillance footage showing that the dangerous condition existed for days or weeks, enough time that a reasonably careful property owner would have noticed the problem. Often footage is taped over in the course of a retail business’ ordinary operations, however, making it especially important to seek counsel right away after getting injured.
Injury and Trespassers
The rules are a bit different if you were injured while trespassing on another person’s property. In that context, the property owner doesn’t owe you a reasonable duty of care, though there are some exceptions. One of the exceptions is for child trespassers. When there is a dangerous condition on the property that would be attractive to kids, and a trespassing child is injured by it, our White Plains attorneys handling your premises liability case may be able to hold the property owner accountable even though the child is a trespasser. For example, if a child wandered onto a neighbor’s property through a hole in the fence and drowned in an unguarded pool, it might be possible to hold the neighbor accountable in a premises liability lawsuit.
In some cases, a property owner mounts the defense of a plaintiff’s comparative negligence, which contributed to her injuries, or argues that the condition was open and obvious, and that the plaintiff should have avoided it.
What Damages Can I Recover?
If our premises liability lawyers can establish liability, we can recover medical bills, wage loss, pain and suffering, loss of enjoyment of life, loss of consortium, and other losses. The nature and extent of your injuries will determine the amount and nature of the damages you can recover.
Some premises liability claims are worth thousands of dollars and some are worth over a million dollars. It is important not to accept less than you deserve, because once you accept a settlement or your case is determined in court, you will not be able to seek further compensation for your injuries. Consulting with an experienced premises liability lawyer early in the case ensures your lawyer can investigate your claim, correctly evaluate your likely total costs, and aggressively pursue fair compensation for you.
Call a Seasoned Premises Liability Lawyer
If you were injured as the result of a dangerous property condition, you should discuss your situation with an experienced White Plains premises liability lawyer. Mark A. Siesel has more than 39 years of experience and may be able to represent you. He and his team at The Law Office of Mark A. Siesel represent clients in Brooklyn, the Bronx, and Queens, along with Westchester, Putnam, Dutchess, Sullivan, Rockland, Orange, and Ulster Counties.
Our team not only aggressively pursues compensation for you, but we also treat you with kindness and care. With us, you can contact our founder, Mark A. Siesel, directly and he will always reply within a day—and often in the same day. In fact, we build such positive working relationships that many of our past clients stay in touch with us and consider us friends.
If you have been injured, please contact us at (914) 428-7386 or complete our online form for dedicated legal representation.