Premises Liability Attorneys Serving New York
Dangerous premises can be found throughout NYC. If you have been hurt on someone else’s property, it is imperative to speak to a New York City premises liability lawyer as soon as possible.
The attorneys at Maggiano, DiGirolamo & Lizzi have more than 100 years of combined experience serving those who have been injured through no fault of their own. Premises liability claims involve unique challenges that an experienced lawyer can help you navigate.
For a free case review, please call Maggiano, DiGirolamo & Lizzi at (212) 543-1600 to speak to a New York City premises liability lawyer. Our attorneys serve clients throughout the five boroughs and other areas of New York.
What Is Premises Liability?
Premises liability is the area of law concerned with the rights of those who suffer personal injury on premises owned, operated, and/or occupied by another party. A premises liability claim can originate from a wide range of injuries and accidents on residential, commercial, and government properties.
There are a few key elements that must be satisfied for a premises liability case to be considered viable:
- The property owner or occupier owed you a duty of care (more on that below)
- The property owner breached the duty of care through negligence
- You suffered injury as a result of the property’s owner’s negligence
- You have sustained damages as a result of your injuries
Whether you were injured at someone’s home, in an apartment building, on business premises, or elsewhere, you have rights. A New York City premises liability lawyer can review your case and determine what recourse you have.
What Is the Duty of Care in Premises Liability Claims?
A “duty of care” is an obligation to avoid acts that could foreseeably cause harm to others. What the property owner’s duty of care entails varies depending on how a visitor to the premises is classified:
- Invitees: Invitees are people expressly or implicitly invited to the premises, such as customers who come to a business during regular hours. As such, they are owed the highest duty of care. Property owners are required to inspect the premises for potential hazards, make reasonable efforts to alleviate a dangerous condition, and warn invitees of potential dangers.
- Licensees: A licensee is someone who has “license” (i.e., a legal right) to be on the premises even if they are not invited by the owner. One example would be somebody who makes a surprise visit to a loved one’s house. Property owners are required to keep the premises in safe condition for licensees, but they are not obligated to actively inspect the property.
- Trespassers: Property owners do not have a duty to keep the premises safe for trespassers or warn them of potential dangers. However, property owners do not have the right to knowingly endanger or harm a trespasser.
You are likely unaware of your rights if you are injured on someone else’s property. A New York City premises liability lawyer can investigate and collect evidence on your behalf to show how the property owner violated the duty of care and prove that you are entitled to compensation.
Verdicts and Settlements
$525,000 - Premises Liability / Spinal Disc Injury
September 11, 2010, our client was in a deli waiting at the counter. A refrigerator was being moved on a portable dolly and the refrigerator fell off and pinned him between the counter and the refrigerator. He suffered disc injury to his cervical and lumbar spine as well as a fractured rib. It caused him to become disabled from his work as a replacement window salesman which required…
$500,000 - Inadequate Building Security
To a married couple, tenants of high rise condominium against a parking garage maintenance company for 1994 sexual assault upon the wife by a trespassing assailant while the plaintiff was walking to her car to go to work.
$190,000 - Premises Liability / Gym Injury
Settlement in the case of a 46-year-old man who hurt his right elbow while lifting barbells on the gym club’s incline bench when the bench suddenly and unexpectedly went from a 45 degree angle to zero degrees. The individual went on to have an ulnar transposition surgery to his right arm seven months after the incident and lost several months of work following the surgery.
Where Do Premises Liability Accidents Occur?
Premises liability claims can originate from just about any kind of property. Common locations where people are injured through the negligence of property owners include:
- Supermarkets, retail stores, and shopping centers
- Office buildings
- Apartment buildings, condominiums, and private homes
- Public sidewalks, footpaths, bike paths, etc.
- Buses, trains, and subways
- Parking lots, parking garages, and parking structures
- Restaurants, bars, and nightclubs
- Gyms and other recreation facilities
- Construction sites and work zones
- Hotels and motels
This is not a comprehensive list. If you were injured through no fault of your own on any type of property, it is in your best interest to seek legal guidance as soon as possible.
What Causes Accidents on Dangerous Premises?
A host of different factors can cause lawful visitors to sustain serious injury on an unsafe property. Broadly speaking, most premises liability claims arise due to one or more of the following:
- Failure of the property owner to inspect the premises for hazards
- Negligent maintenance and repair of the premises
- Failure to warn visitors of potential danger
Specific issues that can lead to accidents on unsafe premises vary widely. Common issues we see include:
- Wet and slippery floors and other walking surfaces
- Tripping hazards
- Cracked and broken tiles, cement, asphalt, etc.
- Loose, damaged, and missing handrails
- Poor building construction
- Failure to restrain or secure animals
Falls make up the majority of premises liability cases. However, there are a number of additional situations that may give rise to a legitimate claim against the property owner.
Premises Liability Claims We Handle
Maggiano, DiGirolamo & Lizzi has extensive experience representing clients who suffered serious injuries or lost loved ones on dangerous premises. Our cases range from the “straightforward” (such as someone slipping and falling in the supermarket) to the complex (such as the failure and collapse of a structure).
Our premises liability attorneys can help if you suffered harm as a result of the following:
- Slip and Fall Accidents
- Negligent Security
- Dog Bites
- Structural Failure and Building Collapse
- Elevator and Escalator Accidents
- Falling Objects
- Swimming Pool Accidents
- Playground Accidents
- Fires and Explosions
- Amusement Park Accidents
- Construction Site Accidents
- Exposure to Hazardous Chemicals
Property owners and other liable parties need to be held accountable when their negligence causes injury to visitors. The attorneys at Maggiano, DiGirolamo & Lizzi have recovered millions of dollars in verdicts and settlements on behalf of clients in premises liability claims.
Who Is Liable for Accidents on Dangerous Premises?
Generally, the owner of a property is responsible for ensuring the safety of the premises. This includes:
- Owners of private property, such as homeowners, landowners, etc.
- Landlords and property management companies
- Business owners
- Private transportation companies
- Government entities responsible for public properties and spaces
In some instances, however, liability for a visitor’s injury may rest with the party in control of the premises rather than with the owner of the premises. This is commonly the case when someone is injured in a store that is part of a larger shopping complex. Although the shopping complex may own the property where you got hurt, the store that rents the space is likely responsible for ensuring that the premises are safe.
Liability can be a complex issue if you are hurt on premises belonging to someone else. Sometimes multiple parties may be to blame. A New York City premises liability lawyer will investigate to determine who is responsible for the property and build a strong case on your behalf.
Common Injuries in Premises Liability Claims
From falls to dog bites to physical and sexual assaults, premises liability injuries can take a number of different forms. No matter the type of injury or accident, the impact on your life can be immense.
Injuries our attorneys commonly see in premises liability claims include:
- Traumatic brain injuries
- Injuries to the head and face
- Neck and back injuries
- Spinal cord injuries
- Broken bones
- Damage to soft tissue, including muscles, tendons, and ligaments
- Lacerations and abrasions
- Burn injuries
- Anxiety, depression, post-traumatic stress, and other psychiatric injuries
Sometimes the injuries caused by a dangerous condition on the property are too severe to survive. Maggiano, DiGirolamo & Lizzi can bring a wrongful death claim if a member of your family died due to the negligence of a property owner.
What Is My Premises Liability Claim Worth?
The compensation available in your premises liability case will depend on what losses you have sustained as a result of the accident. A New York City premises liability lawyer will gather all available evidence, review your medical records, and consult expert witnesses to account for all of your damages.
Your premises liability claim should include not only your damages to date, but any and all losses you will incur in the future. This may include:
- Medical expenses
- Lost wages
- The loss of income and earning capacity
- Medical-related travel costs
- Disability modifications to your home and vehicle
- Assistive devices
- The cost of hiring outside help for household tasks and medical care
- Pain and suffering
- Emotional anguish
- Permanent scarring and disfigurement
- Loss of the enjoyment of life
The insurance company may offer to settle your claim. Unfortunately, the settlement offer is likely to be less than your case is worth.
It is beneficial to hire a New York City premises liability lawyer as soon as possible. Maggiano, DiGirolamo & Lizzi is driven by justice and committed to pursuing maximum compensation on behalf of our clients. Our attorneys can negotiate a favorable settlement or, if necessary, file a lawsuit and take your case to trial.
How a New York City Premises Liability Lawyer Can Help
Getting hurt on an unfamiliar property can be stressful. In addition to the pain of your injuries and the uncertainty of how your life will be affected long-term, another source of concern is whether or not you should speak to an attorney.
Cases involving relatively minor injury can likely be handled without the aid of a lawyer. But if you have been seriously injured or a member of your family died as a result of dangerous conditions on an NYC property owned by someone else, it is important to speak to a premises liability lawyer to protect your rights and start building your claim.
Maggiano, DiGirolamo & Lizzi can help with the following:
- Reviewing your case and identifying your legal options
- Investigating the premises and taking photos of hazards that led to your injuries
- Speaking to witnesses who saw you get injured
- Obtaining video footage of the property at the time of the accident (if available)
- Determining who owns the property and/or what legal responsibilities an occupier or lessee had to you
- Reviewing maintenance records, inspection reports, and citations indicating prior awareness of a safety issue and/or negligence or wrongdoing on the part of the property owner
- Understanding your injuries by reviewing your medical records and speaking to your doctors and independent medical experts
- Calculating the damages in your premises liability case and determining what compensation you are due
Time is of the essence after an accident on a dangerous property. If you were seriously injured, you might not have had time to take photos or talk to witnesses before seeking medical attention. Waiting to contact a premises liability attorney can make the difference between getting the evidence you need and losing the opportunity to seek justice and recovery of your losses.
Premises liability claims are also subject to legal time limits. In New York, most personal injury claims need to be brought no more than 3 years after the injury occurs (see New York Civil Practice Law & Rules § 214). However, the statute of limitations differs depending on the circumstances. A knowledgeable premises liability lawyer will be aware of these time limits and take timely action on your behalf.
Finally, it is crucial to have an attorney on your side with proven experience going up against insurance companies. Property owners and their insurers are likely to blame you for the accident or dispute the damages you claim. The owner of the property might even clean up or repair the dangerous condition after receiving notification of the accident.
You need a lawyer who can build a strong claim on your behalf and handle communications with the other side. Maggiano, DiGirolamo & Lizzi has extensive experience negotiating settlements and fighting for clients at trial.
Contact a New York City Premises Liability Lawyer Today
Dangerous conditions on a property are an accident waiting to happen. The premises liability attorneys at Maggiano, DiGirolamo & Lizzi can help if you or a loved one suffered harm due to a property owner’s negligence.
Our lawyers have more than a century of combined experience representing clients in a wide range of premises liability claims. We have been repeatedly recognized as the best in our field for our results, our legal skill, and our dedication to the highest standards of ethics.
Please call Maggiano, DiGirolamo & Lizzi at (212) 543-1600 today for a free case review. Our premises liability lawyers serve clients throughout New York City and other areas of New York.