When you visit a business, private residence or other type of property that is not your own, you have a reasonable expectation that you will not be injured due to the property owner’s negligence. Unfortunately, some property owners fail to maintain a safe area for visitors. If you do suffer harm on someone else’s property, you may be entitled to receive compensation for your injuries.
To learn how our experienced premises liability attorney can help you obtain the justice and compensation you deserve, please contact Reid B. Wissner Law Offices online or at 212-406-9288 today to schedule a free consultation in New York City, NY. We work on a contingency-fee basis, which means that we don’t get paid unless you do.
What Is Premises Liability?
Property owners have a legal obligation to ensure that their property is safe for you and other visitors. Premises liability refers to liability of property owners or other responsible parties for injuries caused by hazards and negligence on their property.
The area of law known as premises liability can include a number of different situations, such as:
- Trip, slip and fall accidents
- Attacks that result from inadequate security
- Falls on stairs
- Collapsed ceilings
- Injuries caused by faulty wiring and electrical systems
- Accidents caused by dangers on a construction site
- Injuries due to poor lighting
- Building code violations
The list above is just a small sample of the dangers that could exist on someone’s property. If you have suffered any type of personal injury on another’s premises, you should contact Reid Wissner right away to discuss your case for free. He will carefully examine the details of your situation and determine who should be held accountable for your injuries.
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What Are the Most Common Premises Liability Claims?
Typical claims include:
- Slip and fall
- Falling merchandise displays
- Falls from heights
- Uneven flooring or walking surfaces
- Unstable stairways or railing
- Malfunctioning escalators or moving walkways
- Insufficient security
- Insufficient lighting
- Failure to repair in a timely manner
- Ignoring obvious hazards and conditions of disrepair
If you think your injury arose because a property owner or property manager created an unreasonably dangerous environment, or did not fix a reported malfunction or issue, or created a hazardous environment, then you may have the foundation of a premises liability lawsuit.
Falls on Stairs
If you fall down a flight of unsafe stairs, the property owner can be held liable for your accident. The key is working with an experienced premises liability attorney who has the skill and experience to prove that the owner or property manager knew of the danger but failed to fix or warn you.
Unsafe conditions on stairs can include:
- Broken or missing handrail: If a handrail is absent or broken, it makes it difficult for people to maintain their balance and impossible to catch themselves if they start to fall.
- Broken or uneven steps: Steps that are crumbling, cracked, broken or otherwise uneven greatly increase the risk of falling and getting injured.
- Steps that are slippery: Any slick surface can be dangerous to walk on, and wet, slippery and/or icy steps are no exception. Slippery conditions should be corrected immediately or marked adequately with warning signs.
- Poorly lit stairs: When visitors aren’t able to see where they are stepping, they are in greater danger of losing control and falling.
In addition to the upkeep and maintenance of walkways, stairs and other areas of a premises, property owners have a duty to prevent any foreseeable criminal acts by keeping their property secure using technology, a security company or other reasonable measures. A dark and unmonitored parking lot can be equally or more dangerous than a slippery floor.
There are several conditions that can contribute to an area becoming an optimal location for criminals, such as:
- Poor lighting: Poor lighting often leads to fall-related injuries, but it can also contribute to higher risk of assault, robbery and other criminal acts.
- Lack of alarm systems or security cameras: security systems that are not monitored or maintained properly can create an unsafe environment for visitors.
- Failure to secure entrances: Gates, side doors, windows and other potential entry points that are left open or unsecured can expose guests to unexpected assaults.
- Inadequate security personnel: Sometimes security personnel are simply not hired for areas or situations in which they should be. Other times, security guards are poorly trained or fail to perform their duties. All of these situations can put visitors at great risk.
Just like accidents, many crimes are preventable if property owners take their responsibilities seriously and take action to ensure the safety and well being of visitors on their premises. You may not know if your injuries were the result of negligent security. Reid Wissner is an experienced lawyer and can determine who is responsible for your situation and fight to hold the negligent parties accountable.
What Are Some Common Injuries Seen in Premises Liability?
Many different injuries can happen due to unsafe property conditions. That said, the victims in premises liability cases are generally seeking justice and compensation for injuries such as:
- Fractured and broken bones
- Traumatic brain injury
- Spinal cord injury
- Burn injury
- Dog bite wounds and crush injury
Some premises liability accidents cause relatively minor scrapes and bruises. However, others result in severe injuries that require ongoing medical care and time away from work. Unfortunately, it is even possible to become permanently disabled or disfigured due to a hazardous property condition.
What Should You Bring To Your First Meeting With Our Premises Liability Attorney?
Your first meeting with our premises liability attorney is an important step toward the resolution you deserve. Bringing the right documents and paperwork will help the process go smoothly.
Here are a few things that our attorney will probably want to see:
- Medical records
- Proof of lost work or income
- Relevant photos or videos
- Copies of official reports
- Witness information
- Insurance information
How Common Are Premises Liability Cases?
Premises liability cases are more common than you might think. There is no shortage of property owners who allow unsafe or defective conditions to go unaddressed. Unfortunately, this type of negligence often causes people to get hurt so severely that they must take legal action.
Our attorney has handled many of these cases over the years. You can view our case results for more information about some of the unique situations that he has resolved for his injured clients.
What Is the Average Settlement for a Premises Liability Case?
Six-figure settlements are not uncommon for premises liability cases. However, knowing the average settlement amount will tell you little about the actual value of your specific injury.
Premises liability settlements are determined on a case-by-case basis. Our attorney will help calculate your potential damages after learning more about your unique premises liability matter.
What is the Premises Liability Rule?
There isn’t necessarily a rule related to premises liability. There are, however, certain laws in place setting down the rights and responsibilities of property owners, including their duty to visitors, tenants, or customers of their properties. Unless visitors are trespassers, the property owner may owe a visitor a duty of care to make sure the grounds are free from conditions, obstructions, and other dangers that could cause harm.
What is the Statute of Limitations for a Premises Liability Case in New York?
There is a statute of limitations for personal injury claims in New York, which is most likely the statute that will apply to your case; however, it’s vital to contact our attorneys to make sure there is time to file your claim. There are various circumstances which could categorize your claim elsewhere and involve different deadlines. The good news is that our attorneys can ascertain all of these deadlines and help you sort out what to do next and when.
What Kind of Evidence is Needed for a Case?
It really depends on the circumstances. Helpful information and potential evidence may include:
- Medical records
- Medical bills
- Records of medical appointments and treatments completed
- Emails, texts, voicemails, and other records of communication
- Witness information
- Journal entries
- Financial statements
- Related bills
We will reach out to you about any documents or information we need from you, well in advance. We often are able to acquire documents on our own, but we will certainly reach out to you if there is any way you can help your case.
What Can I Expect From My Case in Court?
Not all premises liability cases go to court. We may be able to reach a settlement in negotiations outside of the courtroom. You can expect us to do all of the heavy lifting while you focus on recovering from your injury and getting well. We deal with and communicate with insurance companies and the at-fault parties for you, so you won’t have to worry about the wrong and right things to say. We have lots of experience resolving premises liability claims and we want you to feel comfortable relying on us to guide you through all parts of the process.
Compensation in a Premises Liability Lawsuit
Compensation cannot be guaranteed in any situation, but it may be awarded for damages including:
- Current and future medical expenses
- Pain and suffering
- Lost wages
- Diminished earning capacity
- Rehabilitation costs
The calculation of the financial award is also highly variable. We can give you an idea of how damages are calculated when we meet with you in a consultation, and we can show you past verdicts and settlements in cases similar to yours. Unfortunately, compensation cannot be promised but we do pledge to work tirelessly for our clients until the best results have been achieved.
Schedule Your Free, No-Obligation Consultation Today
For more than 30 years, Reid Wissner has helped personal injury victims obtain the justice and compensation they deserve. If you’ve suffered any type of injury on another’s property, please call Reid B. Wissner Law Offices at 212-406-9288 right away to discuss your case for free. You can also fill out the appointment request form on this page, and our team will help you set up your meeting. We proudly serve clients from NYC, Brooklyn, Queens and the Bronx.