Property owners have a duty of care to all visitors, and they are required by law to maintain safe premises. Landlords, business owners, and homeowners have a responsibility to create and maintain safe environments. If they fail in that obligation, property owners of all types can be held accountable through the personal injury claims process.
For example, if you were hurt at your friend’s house because of a property hazard, you could hold them financially accountable for your injuries. If you were injured in a slip and fall accident at the grocery store, the store’s owner could be required to pay you compensation. If a landlord fails to address hazards around or in a residence, they could be liable for any resulting harm.
Ultimately, who is responsible for your injury will rest on the details of how and where you got hurt. You may choose to work with a New York premises liability lawyer to help you recover compensation.
Understanding Negligence in Premises Liability Cases
Negligence is the idea that someone else’s actions can play a direct role in harming others. Even unintentional actions (or inaction) can lead to another person getting hurt.
For instance, if a store’s owner knows about a loose tile at the top of a staircase, it is the party’s duty to fix that tile before someone gets hurt. At the very least, the store’s owner needs to warn others of the danger, such as placing ropes around the hazard or putting up a sign.
If they do not do these things, they could be considered “negligent.” Essentially, if you were injured because another party acted negligently, you could have a case for compensation.
Premises liability laws apply to anyone who owns or manages a property. Even property owners who own properties without buildings on them can be sued in certain situations. Yet, premises liability laws can be hard to understand. Again, if you are considering filing a personal injury claim, a lawyer can help.
Possible Injuries in a Premises Liability Case
You can sustain a wide variety of injuries due to property hazards. For example, you could suffer burns caused by a house or building fire. You could break a bone due to a slippery stairwell. Brain damage can occur when something heavy falls on your head at a home improvement store.
Your injuries may place a significant strain on your quality of life. Some injuries can be painful and permanent. They could keep you from living your life, going to work, or enjoying the activities you love.
Following an accident on another party’s property, you may be suffering from one or more of the following injuries:
- A traumatic brain injury
- Spinal cord trauma
- The loss of a limb
- Organ damage
- Cuts and lacerations
You should consider seeking medical attention if you have not done so already.
Types of Premises Liability Accidents
Every premises liability accident is different. The types of damages you can recover may be different from those which another person in a similar situation may recover. For instance, according to MedlinePlus, a broken bone could seriously hinder your ability to work. However, that might not be the case in another person’s situation.
A few examples of accidents that can occur on another party’s property include:
- Slip and falls
- Trip and falls
- Being struck by a falling object
- Falling from a great height
- Burn accidents
- Pool accidents (such as near-fatal drowning)
- Exposure to dangerous fumes or chemicals
- Being caught in-between two objects
This is not a complete list of premises liability accidents.
Recoverable Damages in Premises Liability Accidents
No matter what type of accident you were in, you may be able to seek compensation. You may be able to secure financial recovery through insurance negotiations or a lawsuit. Compensatory damages are intended to pay back victims for the harm they suffered.
Some damages you could be compensated for include:
- Pain and suffering
- Lost income
- Medical expenses
- The cost of mental health treatment
- Loss of enjoyment of life
You may be able to recover compensation for losses not included on this list.
Get in Touch with a Premises Liability Law Firm
Hopefully, now you have more insight into who is responsible for your injury. Premises liability laws are confusing and complex, but help is out there. You may be eligible to file a premises liability claim or lawsuit. However, per NY Civil Practice Law & Rules (CVP) §214(5), you may only have three years to file a lawsuit.
The Law Office of Cohen & Jaffe, LLP is dedicated to helping injury victims obtain justice and fair compensation. A lawyer can investigate your accident, collect evidence, calculate your damages, and handle your case’s paperwork. They can also give you legal advice and guide you through the legal process.
Call (516) 358-6900 to speak to a member of our legal team about your case today. We offer a free initial case assessment.
For a free legal consultation, call 516-358-6900