Have you been injured on someone else’s property and wonder whether you have legal recourse? Understanding premises liability law can be confusing when dealing with injuries, medical bills, and lost wages. Accidents on another person’s property — whether a slip and fall at a grocery store or an injury from poor maintenance at an apartment complex — often leave victims wondering whether they qualify for compensation.
The premises liability lawyers in Queens, NY, at Elliot Ifraimoff & Associates, PC regularly help people determine whether their situation merits legal action. Here, we explain the fundamentals of premises liability law to help you recognize when you might have a valid claim.
What Constitutes a Premises Liability Case?
A premises liability case arises when someone sustains injuries due to a property owner’s inability to maintain safe conditions. Residential and commercial property owners must either repair dangerous conditions or provide adequate warnings about existing hazards.
The World Health Organization reports that falls account for more than 38 million global disability-adjusted life years lost annually. Many of these incidents are preventable with proper safety measures.
For your claim to be viable, you must typically prove that:
- The property owner knew (or should have known) about the dangerous condition
- They failed to address the hazard within a reasonable timeframe
- This negligence directly caused your injury
- You suffered quantifiable damages as a result
Common Types of Premises Liability Lawsuits
A premises liability lawsuit can take many forms depending on the circumstances of your accident, and understanding them helps determine the validity of your case. The most common claims include:
- Slip-and-fall accidents on wet or uneven surfaces
- Injuries from inadequate security measures
- Accidents from poorly maintained stairs or railings
- Dog bites or animal attacks
- Swimming pool accidents
- Elevator or escalator malfunctions
- Toxic exposure claims
- Building code violations
Five Signs You May Have a Valid Premises Liability Case
Consider these signs that you might benefit from a premises liability lawsuit in New York.
1. The Hazard Was Not Obvious or Visible
If you couldn’t reasonably have been expected to notice the dangerous condition that caused your injury, you may have a strong premises liability case. Property owners are responsible for either addressing these hidden dangers or warning visitors about them. Examples include:
- Spills that blend in with the floor
- Poorly lit stairwells that hide structural defects
- Recently waxed floors without warning signs
- Unmarked changes in floor elevation
2. The Property Owner Knew About the Danger
Evidence that the property owner or manager knew about the hazardous condition and failed to address it significantly strengthens your case. Your lawyer could gain knowledge about the situation through:
- Previous complaints about the same issue
- Maintenance records showing awareness of the problem
- Witness testimony confirming the hazard existed for an extended period
- Surveillance footage that shows the condition persisting over time
3. Your Status As a Visitor Was Legal
Your legal status on the property significantly impacts your ability to file a successful premises liability lawsuit. The law provides different levels of protection based on why you were on the property. Invitees, such as customers, clients, or those invited for business purposes, receive the highest level of protection under the law.
Licensees, including social guests or those present with permission, receive moderate protection in premises liability cases. Trespassers generally receive minimal protection, though exceptions exist, particularly for children who may not understand property boundaries. Without legal help, you may underestimate your rights and miss out on an opportunity to pursue compensation.
A premises liability lawyer in New York can help determine how your visitor status affects your case. This classification often plays a crucial role in the outcome of premises liability lawsuits and requires extensive knowledge of the relevant laws.
4. You Sustained Significant Injuries
Minor injuries typically don’t justify pursuing a premises liability case. Significant injuries that may warrant legal action include those that require ongoing medical treatment or result in substantial hospital bills. Injuries leading to missed work and lost wages also strengthen your claim considerably, given their quantifiable impact on your livelihood.
Permanent disability or disfigurement resulting from a property-related accident often justifies legal action. Significant pain and suffering that impacts your quality of life can also be grounds for pursuing compensation through a premises liability case.
5. You Have Documentation of the Incident
Strong evidence significantly improves your chances of a successful premises liability case. Photographs of the hazardous condition taken immediately after the accident serve as crucial visual proof of the dangerous situation that led to your injury. There may even be surveillance footage of the incident, especially if it took place in a grocery store.
Medical records linking your injuries directly to the accident are essential for establishing causation in your case. Records of any communication with the property owner regarding your injury help demonstrate their awareness of the situation and their response to it.
When To Consult a Premises Liability Lawyer in Queens, NY
If your case exhibits several of the signs outlined above, consulting a premises liability lawyer is the next step. Property injury claims often involve complex legal and factual issues that benefit from professional guidance.
A premises liability lawyer can:
- Evaluate the strength of your case based on evidence and applicable laws
- Determine the appropriate compensation for your injuries
- Handle communications with insurance companies
- Gather additional evidence to support your claim
- Navigate the legal process while you focus on recovery
Negligent maintenance law violations can be difficult to prove without legal expertise. An unsafe premises attorney understands the nuances of premises hazard liability and commercial property injury law that might not be apparent to the average person.
Let Elliot Ifraimoff & Associates Guide Your Case
We understand how challenging it can be to navigate slip-and-fall liability and other premises liability issues while recovering from an injury. Our team at Elliot Ifraimoff & Associates is committed to helping clients understand their rights under premises liability law.
If you believe you may have a premises liability case, seeking help from a premises liability lawyer can make a significant difference in the outcome of your claim. We provide comprehensive support throughout the legal process in pursuit of fair compensation for injuries sustained on unsafe premises.
For a consultation about your potential premises liability lawsuit, contact Elliot Ifraimoff & Associates, PC at (718) 205-1010 to discuss premises liability law in Queens, NY.
Frequently Asked Questions About Premises Liability Cases
Understanding premises liability can be complex. Here are answers to some common questions we receive:
How Long Do I Have To File a Premises Liability Claim in New York?
In New York, you typically have three years from the date of your injury to file a premises liability lawsuit. However, be aware that this timeline may be shorter in certain circumstances, such as when claims involve government entities.
Can I Still Have a Case If I Was Partially At Fault?
The State of New York follows comparative negligence rules, meaning you can recover damages even if you were partially responsible for your accident. Your percentage of fault may reduce your compensation, but you still maintain the right to pursue a claim against the property owner.
Do I Need a Lawyer for a Premises Liability Case?
Having a premises liability lawyer in Queens, NY, significantly improves your chances of receiving fair compensation. Professional legal representation ensures proper evidence collection, accurate damage calculation, effective negotiation with insurance companies, and proper application of premises liability law to your specific situation.