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In New York, property owners are responsible for keeping their properties safe for all those who enter. This applies to businesses, homeowners, and more. Read on to learn more about premises liability in New York and what to do if an injury occurs.

How do Premises Liability Accidents Happen?

When a property owner fails to maintain his or her property, it can become very dangerous. There are several ways that injuries can occur due to hazardous property conditions. Situations that are covered under premises liability law can include:

  • Slip and fall accidents
  • Dangerous conditions
  • Defective security
  • Inadequate maintenance
  • Poor weather conditions
  • Inadequate lighting

What is the “Duty of Care?”

Property owners are responsible for keeping their properties maintained at all times. This is known as the duty of care. This duty of care is owed toward people who enter the property regardless of whether they are an invitee or a licensee. An invitee is a person invited onto the property for business or commercial reasons. A licensee is a person that was on the property for non-business or non-commercial reasons, such as social gatherings. There are also circumstances in which a property owner may owe a duty of care to a person trespassing on their property. When a property owner is aware of a trespasser on their grounds, they are required to inform them of any hazardous conditions on their property that could potentially cause injuries. If a property owner fails to maintain the premises and someone is injured as a result, the property owner may be liable. 

Fulfilling the Burden of Proof

If you were injured due to another party’s negligence, you will have to provide proof of this negligence. Some important steps to take include calling 911, taking pictures and videos at the scene, obtaining witness contacts, and seeking medical attention. An experienced personal injury attorney can play a large role in your case, as he or she may be able to obtain further proof of negligence, including security camera footage and/or police reports. Additionally, it is important to file your claim on time. In New York, the statute of limitations for a personal injury case is generally three years from the date of the accident. Failing to file within three years will likely mean losing your opportunity to recover the compensation you deserve. Our firm is here to make sure this does not happen- reach out today.

Contact our Firm

If you have been injured in a New York City accident, Swerling Law is here to help. Our firm understands the challenges that many people face after being hurt in an accident and is prepared to help you receive an award of significant compensation to ease some of your burdens. To schedule a consultation with an experienced construction site accident attorney in New York City, contact Swerling Law today.

$3,250,000

Settlement to a barista who slipped and fell on a defective stairwell while working for Starbucks who sustained back injuries requiring multiple surgeries in 2012.

$3,000,000

Settlement to a woman who was assaulted and sustained back/hip injuries in 2015.

$1,415,000

Verdict to a high school student who was assaulted by a school dean during her lunch period dislocating her hip in 2014.

$995,000

Settlement to a man who was run over by a dump truck on a Brooklyn street causing him to sustain multiple injuries, including but not limited to a broken leg and detached urethra in 2019.

$850,000

Settlement to a woman who slipped and fell down a wet stairwell in a New York City Housing Authority building requiring a back surgery in 2018.

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