Key Elements of a New York Premises Liability Claim
In premises liability, the “duty of care” is the obligation of property owners or managers to maintain their property in reasonably safe conditions, anticipating potential injuries to guests, the public, or even trespassers. To win a premises liability case in New York, you must prove the property owner neglected this duty, often through negligence.
A successful claim hinges on establishing one of three scenarios:
A Property Owner Created a Dangerous Situation
Liability may arise if an action by the property owner or employee creates a hazard, like not addressing a spill in a trafficked area.
The Owner Was Actively Aware of the Hazard
If an owner or employee is informed about a hazard and ignores it, they can be liable for injuries.
The Property Owner Should Have Known about a Hazard
This is “constructive notice” and refers to situations where the owner should have been aware of a hazard but failed to address it, like consistently ignoring a tripping hazard at a construction site.
If you are unsure if you meet all the elements of a premises liability claim or what constitutes a known hazard, contact a New York premises liability lawyer at Hecht, Kleeger & Damashek, P.C.
How a NYC Premises Liability Lawyer Can Help
Whether you or a loved one were hurt in a crumbling building that should have been repaired years ago, on a decaying MTA subway platform, or in front of a business that should have removed debris, a New York premises liability lawyer should be the first call you make after getting medical care.
At Hecht, Kleeger & Damashek, P.C., our premises liability attorneys have extensive experience and success in securing compensation for accident victims in all sorts of premises-related injury cases, like this $8,000,000 settlement. From scalding water to building collapses and falls, we are ready to assist and advise you on your legal options.
Investigate & Identify the Liable Party
After your initial consultation, where we discuss the details of your premises liability claim, HKD will immediately conduct a meticulous investigation to pinpoint the liable party or parties. This step is crucial, as premises liability cases can involve multiple potential defendants.
Possible defendants include:
Property owners may try to fix hazards right after an accident, making it difficult to get the needed evidence. Getting us involved as quickly as possible can help your case.
Our firm’s investigation process includes gathering evidence, such as surveillance footage, maintenance records, and witness statements, to build a solid case for its clients.
Negotiate & Handle Insurance
Negotiating with insurance companies or the city of New York is a complex and often challenging aspect of premises liability claims. Fortunately, HKD knows how to deal with insurance adjusters, who will be focused on minimizing your payout.
We will aggressively negotiate for everything you lost and will lose because of your injuries, as well as navigate the intricate policy clauses and legal jargon that accompany insurance claims. Our experience and court-tested dominance in this area ensure that our clients are not short-changed or overwhelmed by the insurance process.
Fight for Max Compensation
When another’s carelessness injures you, such as absentee landlords, negligent property owners, and careless local governments, you deserve to be made whole – physically and financially. The best way to accomplish this is by assessing how the accident impacted and harmed your life and seeking fair and full compensation for your damages. This includes tangible losses like medical expenses and lost wages and intangible damages like pain and suffering.
Our premises liability lawyers understand the long-term financial and emotional impact of premises liability injuries and advocate for the maximum compensation that reflects your experience, suffering, and what it will take to make things right.
Get Justice & Make NYC Safer
Beyond providing individual representation and advocacy, HKD’s approach to premises liability accidents does more than secure financial relief and a sense of closure for those hurt by negligence.
By holding negligent property owners and others accountable, we can help create an environment where other property owners and managers adhere to safety standards and take steps to correct issues. When you pursue a premises liability lawsuit, you can help prevent similar incidents in the future and make other New Yorkers a little safer.
