When property owners fail to maintain safe conditions on Long Island, serious accidents and injuries can result. If you or a loved one sustained an injury due to unsafe property conditions on Long Island, you have every right to hold the property owner accountable and obtain compensation for your injuries and other losses. The Long Island premises liability lawyers at The Perecman Firm PLLC understand the hardships you're experiencing. You’re likely dealing with considerable medical bills, lost income, and other financial hardships on top of your physical pain and emotional turmoil. You deserve compassion, support, and justice for what you've endured. Our dedicated team of Long Island premises liability lawyers is here to fight for your rights and help you secure the compensation you need to move on and realize as full of a recovery as possible. Contact us today for a free consultation and let us guide you through your legal options. You can rely on us for impassioned advocacy through each stage of the process to increase your chances of getting maximum compensation.
What Is Premises Liability?
Premises liability is a legal concept that holds property owners responsible for accidents and injuries that occur on their property due to unsafe or defective conditions. This area of law asserts that those who own or control property must maintain it in a reasonably safe condition for people who enter it lawfully.
In New York, premises liability cases can arise from a wide range of situations, from slip and falls in grocery stores to accidents at construction sites. The key factor is that the property owner (or the party in control of the property) failed to exercise reasonable care in maintaining the premises, leading to an injury.
Understanding premises liability is crucial because it forms the foundation of your legal rights if you've been injured on someone else's property. It's not just about proving that you were hurt – it's about demonstrating that the property owner's negligence directly led to your injury.
Types of Premises Liability Cases We Handle
At The Perecman Firm PLLC, we've handled a diverse array of premises liability cases over the years, including:- Slip and fall accidents: These are perhaps the most well-known type of premises liability cases. They can occur due to wet floors, icy sidewalks, uneven surfaces, or poorly maintained stairs. While they might sound minor, slip and falls can lead to serious injuries, especially for older adults.
- Construction site accidents: Construction sites are inherently dangerous, but that doesn't excuse property owners and contractors from maintaining safe conditions. Falls from heights, accidents involving heavy machinery, and injuries from falling objects are just a few examples of construction site accidents we've handled.
- Dangerous property conditions: This broad category includes issues like poor lighting, broken handrails, or structural defects that lead to injuries. It also covers situations where a property owner fails to warn visitors about known hazards.
- Dog bites: In New York, you can hold a dog owner liable if their dog bites you or your child, especially if the dog has shown aggressive tendencies in the past.
- Elevator and escalator accidents: Malfunctioning elevators or escalators can cause serious injuries. Property owners must ensure these common conveniences receive regular maintenance and prompt repairs.
- Injuries at retail stores and restaurants: From items falling off shelves to food poisoning incidents, businesses must provide a safe environment for their customers.
- Inadequate security: Property owners may be liable if crimes occur on their property due to insufficient security measures. This is particularly relevant for apartment complexes, parking garages, and businesses in high-crime areas.
Why Choose a Long Island Premises Liability Lawyer from The Perecman Firm PLLC
The right legal representation can make a significant difference in your case. You want to ensure you choose the best legal counsel, and here are a few reasons The Perecman Firm PLLC stands out:
- Our team has more than 40 years of collective experience handling personal injury claims. We understand New York's complex premises liability laws and know how to navigate the legal system to build a strong case for you.
- We've successfully represented countless clients in premises liability cases throughout Long Island and New York City. Our attorneys have secured many multi-million-dollar awards for clients who fell from ladders or scaffolding on construction sites as well as for other Long Islanders hurt while going about their day. Although past results don’t guarantee future outcomes, they do show our dedication to helping our clients get top dollar for their injury claims.
- Our attorneys are skilled negotiators and fearless litigators. We know how to counter insurance company tactics to reduce claims, and we’ve gone toe-to-toe in court with some of the largest insurance companies in America, securing substantial verdicts for our clients.
- We’ll treat you with the utmost compassion and respect and give your case the individualized attention it deserves. Your case isn't just a file number to us – it's a chance to make a real difference in someone's life.
- Our firm and several of our attorneys have earned national recognition from prestigious organizations like Super Lawyers, The Best Lawyers in America, and the Multi-Million Dollar Advocates Forum. These accolades reflect our commitment to excellence and client satisfaction.
Proving Negligence in Premises Liability Cases
Just because you got hurt on someone else’s property doesn’t automatically mean you qualify to seek compensation. You must work with an attorney to prove that the property owner's negligence led to your injury. This involves:- Showing that the property owner failed to meet their duty of care. This could be through action (like creating a hazard) or inaction (like failing to fix a known problem).
- Your lawyer must establish a direct link between the property owner's negligence and your injury.
- Finally, your attorney must demonstrate that you suffered actual damages due to the injury. This can include medical bills, lost wages, pain and suffering, and more.
Types of Visitors and Legal Duty
The property owner's duty of care can vary depending on why you were on the property:- Invitees: These are people invited onto the property for business purposes, like customers in a store. Property owners owe the highest duty of care to invitees.
- Licensees: These are social guests or people invited for non-business purposes. Property owners must warn licensees of known dangers.
- Trespassers: Property owners generally only have a duty not to willfully harm trespassers. Some exceptions exist for children under the attractive nuisance doctrine.
What to Do After a Premises Liability Accident on Long Island
If you've been injured on someone else's property, taking the right steps immediately after the accident can significantly strengthen your case:
- Get prompt medical attention: Your health should be your top priority. Even if you don't think you're seriously hurt, some injuries may not be immediately apparent. A medical record will also serve as crucial evidence for your claim.
- Report the accident to the property owner: Make sure the property owner or manager is aware of the accident. If it's a business, ask for an incident report to be filed.
- Document the scene and gather evidence: If you can, take photos of the hazardous condition that caused your accident. Get contact information from any witnesses. Keep any clothing or objects involved in the accident.
- Contact a Long Island premises liability attorney: Before speaking with insurance companies or accepting any settlement offers, speak with an experienced attorney who can protect your rights and advise you on the best course of action.
How We Can Help You Get Full Compensation for Your Injuries and Losses
At The Perecman Firm PLLC, we're committed to helping you secure the maximum compensation possible for your premises liability claim. Here's how we approach your case:
- We'll thoroughly investigate the accident, including visiting the site, interviewing witnesses, and reviewing any available surveillance footage.
- Sometimes, multiple parties may be responsible for your injury. We'll identify all potentially liable parties to ensure you have the best chance at full compensation.
- We'll work with medical experts and financial professionals to accurately calculate the full extent of your damages, including future medical expenses and lost earning potential.
- We know the tactics insurance companies use to minimize payouts. We'll handle all negotiations to ensure you're not pressured into accepting a low settlement.
- If the insurance company or at-fault party won’t offer a fair settlement, we're prepared to take your case to trial. Our experienced litigators will fight tirelessly for your rights in court.
FAQ: Common Questions About Premises Liability Claims on Long Island
Q: How long do I have to file a premises liability lawsuit in New York?
A: In New York, the statute of limitations for most premises liability lawsuits is three years from the accident date. However, there are exceptions. For example, if you're filing a claim against a government entity, you may have as little as 90 days to file a notice of claim. Consult an attorney as soon as possible to ensure you don't miss any deadlines.
Q: What if I was partially at fault for my accident?
A: You can still pursue damages in New York even if you were partially responsible for causing your injuries. However, the court may reduce your damages by your percentage of fault.
Q: Can I still file a claim if I was injured while trespassing?
A: Generally, property owners owe trespassers the lowest duty of care. However, there are exceptions. For instance, if the property owner knew trespassers frequently entered the property and failed to address a known hazard, they might be liable. Additionally, the "attractive nuisance" doctrine may apply if a child trespasser was injured by an unsecured hazard that would naturally attract children, like an unfenced pool.
Q: What if I was injured at a friend's house?
A: You can still file a claim, typically against your friend's homeowner's insurance policy. While it may feel uncomfortable, remember that this is why people carry insurance. Your friend's personal assets usually won't be at risk.
Q: How much is my premises liability case worth?
A: The value of your case depends on many factors, including the severity of your injuries, the impact on your life and work, the clarity of liability, and the available insurance coverage. An experienced attorney can give you a better idea after reviewing the specifics of your case.
Q: What if the property owner claims they didn't know about the hazard?
A: Property owners should regularly inspect their property and address hazards within a reasonable timeframe. If they claim they didn't know about a hazard, we may be able to prove that they should have known through proper inspection and maintenance.
Q: Can I file a claim if I was injured at work?
A: If you were injured at your workplace, you'd typically file a workers' compensation claim. However, if a third party (not your employer) was responsible for maintaining the property where you were injured, you might have grounds for a premises liability claim against them.
Contact a Long Island Premises Liability Attorney Today
Suffering an injury in a Long Island premises liability incident due to someone else's negligence can be financially and emotionally draining. You shouldn’t have to pay for your injuries and other damages, and you don’t need the burden of trying to seek compensation on your own.
The Long Island personal injury attorneys at The Perecman Firm PLLC are here to help you navigate this difficult time. We have the knowledge, experience, and resources to build an iron-clad case for you and fight for the full and fair compensation you need.
Don't let valuable time slip away. The sooner you reach out to us, the sooner we can start working on your case. We offer free, no-obligation consultations, so you have nothing to lose by discussing your situation with us.
Contact us today at (516) 268-0130 for your free consultation about your case and let us put our skills and dedication to work for you.