Exploring Premise Liability in New York and How an Attorney Can Help

January 4, 2024

Exploring Premise Liability in New York and How an Attorney Can Help

As a New York resident, it is important to understand the concept of premise liability and how it applies to the state laws. Simply put, premise liability refers to the legal responsibility of property owners or managers to ensure that their premises are safe for visitors or tenants. When an individual is injured on someone else's property due to negligence on the owner or manager's part, the injured party may have a valid premise liability claim. However, premise liability laws vary from state to state, and it is critical to understand the specifics of New York laws to ensure you are protected in the event of an accident.


In this blog post, we will explore the framework of premise liability in New York and how an attorney can help you navigate the complex legal system.


How does premise liability work in New York?


In New York, premise liability claims involve the legal responsibility of property owners or managers to ensure that their premises are safe for visitors or tenants. Property owners are required to exercise reasonable care to ensure the safety of individuals on their property. If it can be proven that a property owner or manager acted negligently and failed to fulfill this duty of care, they may be liable for any injuries that occur as a result.


For instance, if you are shopping at a store, and you slip and fall due to a wet floor or uneven surface, the store owner may be held responsible for their negligence. Similarly, if a tenant is injured due to the landlord's poor upkeep of a rental property, the landlord may be liable for any injuries sustained.


What changes about premise liability from state to state?


Premise liability laws vary from state to state, and it is essential to understand the specific provisions of the law in New York. In New York, premises liability law is based on a comparative negligence system. This means that the amount of compensation awarded to the injured party is determined by the degree of their fault in the accident. In some states, there is a more stringent doctrine of contributory negligence, which disallows compensation even if the injured party is only partly responsible for the accident.


How can an attorney help me?


If you have been involved in an accident on someone else's property due to their negligence, it is advisable to consult with an attorney who specializes in premise liability law. A lawyer with experience in this field understands the intricacies of premise liability law and can help you navigate the complex legal system.


An experienced attorney can help you gather evidence to support your case and negotiate with insurance companies for fair compensation. They can also represent you in court if necessary and advocate for your rights to ensure you receive the justice and compensation you deserve.


At The Law Offices of Jonathan Van Dina, PLLC, we can assist the New York public with premise liability accident matters.


Our attorneys will work tirelessly to prove the liability of the negligent property owner or manager and help you recover all the damages that you have suffered as a result of the accident. Our firm has a proven track record of fighting for the rights of our clients and obtaining the best possible outcome in their cases.


In conclusion, premise liability is an important legal concept in New York and must be understood if you want to ensure your safety and your rights in case of an accident. Hiring an experienced attorney who knows how to navigate the complex legal system is crucial to ensuring you receive the justice and compensation that you deserve. At The Law Offices of Jonathan Van Dina, PLLC, we are dedicated to fighting for the rights of the New York community and ensuring that you receive the best possible outcome in your case. Don't hesitate to contact us if you have been injured due to someone else's negligence on their property. We are here to help you.


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Accidents happen, and unfortunately, slip and fall accidents are all too common in New York. If you've been injured in a slip and fall accident due to the negligence of a property owner or business, you may be entitled to compensation for your injuries. But when should you hire a slip and fall attorney to help with your case? In this blog post, we'll discuss the signs that indicate it's time to seek legal representation. The first sign that you may need to hire a slip and fall attorney is if you have suffered serious injuries as a result of the accident. Slip and fall accidents can lead to a wide range of injuries, from minor cuts and bruises to broken bones, head injuries, and even spinal cord injuries. If your injuries are severe enough to require medical treatment or time off work, it's important to consult with an attorney who can help you navigate the legal process and ensure you receive fair compensation. Another indication that it may be time to hire a slip and fall attorney is if the property owner or business where the accident occurred is denying liability. Property owners have a duty to maintain safe premises for visitors, so if they are refusing to take responsibility for their negligence, it's crucial to have legal representation on your side. A skilled attorney can gather evidence, such as witness statements and surveillance footage, to prove that the property owner was at fault for your accident. Additionally, if you are facing resistance from insurance companies when trying to settle your claim, it may be time to hire a slip and fall attorney. Insurance companies are notorious for offering lowball settlements or denying claims altogether in an effort to protect their bottom line. An experienced attorney can negotiate with insurance adjusters on your behalf and fight for the compensation you deserve. Furthermore, if you are unsure about how much your slip and fall claim is worth or how best to proceed with your case, consulting with an attorney can provide clarity. A knowledgeable lawyer can assess the details of your case, calculate the true value of your damages (including medical expenses, lost wages, pain and suffering), and advise you on the best course of action moving forward. Suffering injuries in a slip and fall accident can be physically, emotionally, and financially draining. If any of these signs resonate with you – serious injuries, denial of liability by the property owner, resistance from insurance companies, uncertainty about the value of your claim – it's time to seek legal help. Hiring a slip and fall attorney in New York can make all the difference in securing fair compensation for your injuries and holding negligent parties accountable. Don't wait until it's too late – schedule a consultation with The Law Offices of Jonathan Van Dina PLLC.
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