In order to recover in a premises liability action, your attorney has to prove that an unsafe condition existed on the premises and that particular dangerous condition was directly responsible for your injury. Several questions that must be asked are: Did the property owner know about the defect? Did the owner take reasonable precautions to protect the public from it? Did the property owner create the defect?
Types of Premises Liability Cases:
- Slip and Fall accidents
- Inadequate lighting
- Negligent security
- Defective escalators or elevators
- Dangerous stairwell or stairwell conditions
- Supermarket and retail store accidents
- Toxic Mold
- Train and subway accidents
- Snow and ice accidents
- Swimming pool accidents
- Drowning accidents
- Malfunctioning equipment
- Negligent road design / Roadway neglect
- Dog bites / Animal attacks.
Types of damages an injured victim can receive:
- Medical treatment, including hospital payments, bills, physician visits, medications, physical therapy, pain management and medical devices, such as cane and walkers
- Lost income, for the money you couldn’t earn while you were unable to return to work. In addition, you can receive compensation for “lost earning capacity,” for future lost wages if you are unable to perform some of the same job duties as before.
- Property loss, for property that was damaged or destroyed due to the accident.
- Pain and suffering, compensation for the physical and mental suffering you experienced as a result of your injuries.
- Emotional distress, if a serious accident caused you mental and emotional pain and suffering
- Loss of enjoyment, if you are no longer able to engage in activities you once enjoyed.
Loss of consortium, for the impact your accident had on your spousal relationship.
Premise Accidents FAQs
What is premises liability?
If you have been hurt on someone else's property, you might have a claim for personal injuries. In general, a property owner has a duty to protect the public from injury on his or her property. If you suffer an injury because the premises owner failed to meet that duty, you may have a case.
I tripped and fell on a defective broken sidewalk. Who is responsible?
Depending on where you fell, the property owner is usually responsible. If the sidewalk is a public sidewalk, absent certain exceptions, the City of New York can be held responsible.
What should I do if I fell on a defective sidewalk?
Immediately take pictures of the defect. If you fail to take pictures, you run the risk of the landlord or property owner repairing the defect and not being able to prove your case.