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New York Premises Liability Lawyers

Have you been injured on someone else’s property? New York property owners have a duty to protect visitors from hazards and predictable crime. You may be entitled to recover compensation for the injuries you sustained under New York’s premises liability law.

Goidel & Siegel Injury Lawyers is here to help you through the legal process and get you or your loved one the compensation you deserve!

New York Premises Liability Law

New York Premises Liability Law

Premises liability is an area of New York law that holds property owners and managers accountable when someone is hurt on their property. However, property owners are not liable for all injuries sustained in the accident.

Like most states, New York used to hold property owners to a specific legal duty based on why you were on their property. New York recently abandoned the use of status to determine duty of care.

New York courts now use a single standard of care whether the injured party was on the property for business, as a guest, or enjoying public property. Property owners, managers, and lessees have a duty to take reasonable steps to maintain safe conditions. They must consider:

  • Circumstances that could cause injury.
  • The severity of potential injury.
  • Whether hazards would be obvious to someone exercising reasonable care.

Trespassers, Children & Attractive Nuisances

Trespassers are people who are not on the property lawfully. Property owners do not owe trespassers any duty of care except to avoid willfully causing them injury.

There is an important exception that applies to children trespassing on property with an “attractive nuisance,” or a dangerous condition or object likely to attract children unable to recognize hazards. Swimming pools and trampolines are common examples. Property owners can be held liable for injuries children sustain due to these hazards.

Types of Premises Liability Cases We Handle

Goidel & Siegel Injury Lawyers handle all types of premises liability cases including:

  • Negligent security
  • Sports accidents
  • School accidents
  • Nightclub assaults
  • Slip and fall accidents
  • Swimming pool accidents
  • Dog bites
  • Toxic chemical exposure
  • Building fires

If you have been injured on someone else’s property due to their negligence or hazardous conditions, you may be entitled to compensation through a premises liability claim.

Proving a Premises Liability Case in New York

Proving a Premises Liability Case in New York

To recover damages in a premises liability case, you must prove several elements of negligence:

  • You were on the property lawfully. You may have been invited by the property owner, the property may have been open to the public, or you were invited to the property for a business purpose.
  • There was a hazardous condition on the property. This may be inadequate lighting, negligent security, spilled liquid or powder, or defective handrails on stairs.
  • The property owner was negligent in addressing the hazard. You must show the property owner knew or should have known the hazard existed and failed to keep you safe.
  • This breach of duty or negligence caused your injury.

You must show the property owner’s negligence was responsible for your accident by a preponderance of the evidence. This means it was more likely than not to be true.

Under New York’s pure comparative negligence rule, you may be found partially at fault for your accident by failing to exercise reasonable caution, for instance. In this case, you can be assigned a percentage of liability which directly reduces the amount you can recover. This is why it is crucial to consult with an experienced premises liability lawyer after your accident.

Proving a Premises Liability Case in New York

Schedule a Free Consultation with a New York Premises Liability Lawyer

After a serious accident on someone else’s property, you may feel unsure where to turn or how to recover the money you need for your medical bills, lost earnings, and other losses. Premises liability cases are complex and often require extensive evidence and sound legal arguments to show that hazardous conditions were not “open and obvious” and how they could have been reasonably corrected.

Goidel & Siegel Injury Lawyers have represented injury victims and their families in premises liability cases for more than 30 years. Insurance companies take our law firm seriously because they know our experienced trial lawyers are not afraid to take a case before a jury. This gives us an advantage during negotiations as we fight for a fair settlement offer on your behalf.

Contact our law office today for a free consultation with our multilingual New York injury lawyers to discuss how we can help you.

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