Accidents Caused By Negligent Property Owners
Injuries can happen anywhere, from shopping malls to construction sites. Sometimes, these injuries happen because property owners do not keep their premises safe. These are some common types of accidents caused by negligent property owners.
Common Injuries in Premises Liability Cases
A premises liability claim can be filed after a wide range of injuries, including:
- Broken bones
- Sprains and strains
- Head injuries
- Back and neck injuries
- Spinal cord injuries
- Soft tissue injuries
- Burns
- Amputations
Serious injuries affect more than just your body. In your premises liability claim, you can also ask for compensation for the psychological trauma your injury has caused.
Find an Advocate for Your Premises Liability Claim
Let us review your case for free. Call Fellows Hymowitz Rice today to meet with an acclaimed premises liability lawyer.
Who Can Be Held Liable for Your Injuries?
Depending on who was in charge of the property and how the accident happened, multiple parties could be held liable for an injury suffered by a visitor or customer.
Proving Negligence in Premises Liability Cases
To prove negligence in a premises liability case, you must demonstrate the following:
- The defendant had a duty of care to keep the property safe
- The defendant breached that duty of care
- The breach of duty caused your injuries
- You suffered losses as a result of your injuries
During your free consultation, we’ll listen to your story and discuss whether your case meets each of these criteria for negligence.
What If I Was Partially at Fault for the Accident?
New York has a comparative negligence law. This means that even if you are partially at fault for the accident, you may still be able to recover compensation. However, your award will be reduced based on your percentage of fault. For example, if you are found to be 20% at fault for an accident that resulted in $100,000 in losses, your compensation will be reduced to $80,000.
What Kind of Compensation Can I Receive?
Your compensation should make you whole, covering all of your losses due to the accident. These losses might include medical expenses, lost wages, and pain and suffering.
Medical expenses can include hospital visits, surgeries, medication, and rehabilitation. Lost wages cover income you have lost due to your injury. Pain and suffering compensation is awarded for the physical and emotional pain you have experienced as a result of the accident.
How Long Do I Have to File a Lawsuit Against the Property Owner?
The statute of limitations for most premises liability cases in New York is three years from the date of the accident. However, it’s not a good idea to wait that long before taking action. If you speak to a lawyer soon after your accident, you have time to explore your legal options. In most cases, the lawyer will file an insurance claim and begin building a case for full compensation.
What If the Property Owners Had No Knowledge of the Dangerous Condition?
Even if the property owner was unaware of the dangerous condition, you might still have a valid claim.
To win damages in a lawsuit, you must show that a reasonable property owner would have known about the condition. For example, if a property owner fails to inspect their property regularly for common hazards, they may be held liable for injuries caused by those hazards even if they were not aware of them.
What Should I Do If I Was Injured on Someone Else’s Property?
It is important to seek medical attention and follow the advice of your doctor. You should also try to document the accident by taking photographs, collecting witness information, and keeping a journal of your symptoms and treatment. Contact an experienced premises liability attorney as soon as possible to discuss your legal options.
How Can a Premises Liability Attorney Help Me?
A skilled premises liability attorney can help you in several ways:
- Investigate Your Accident: We will gather evidence to support your claim, including witness statements, photographs, and medical records.
- Negotiate With Insurance Companies: We will handle all communication with the insurance company on your behalf and fight for full compensation.
- File a Lawsuit: If necessary, we will file a lawsuit against the at-fault party to seek justice for your injuries.
- Represent You in Court: We will advocate for your rights and interests throughout the legal process.
At Fellows Hymowitz Rice, our long list of awards and settlements speaks to our excellence. Put your case in the hands of our capable attorneys so that you can focus on recovery.
Get a Premises Liability Attorney on Your Side
When you’re up against a massive insurance company or a faceless corporation, you need to level the playing field — and you can do that by hiring a powerful legal advocate. Contact Fellows Hymowitz Rice today for a free consultation with a dedicated premises liability attorney in New City, NY.
