New York Premises Liability Attorneys
If you or someone you love has been injured in an accident on another person’s property, you may be entitled to financial compensation for your losses. At Hach & Rose, LLP, we have over 100 years of combined experience handling cases like yours.
Property owners are responsible for ensuring their guests are not at risk of harm due to unsafe conditions on their premises. As the owners of these establishments, they are familiar with the dangerous circumstances that unsuspecting visitors can face, and they should address these problems before someone gets hurt. Unfortunately, this responsibility is not always upheld, potentially causing dangerous accidents and serious injuries to occur. For this reason, property owners may be held liable for their negligence in placing others in harm’s way.
Hach & Rose, LLP has the experience and knowledge you need to hold the other party accountable for failing to keep their premises safe and forcing you to deal with an avoidable injury. You shouldn’t have to face the consequences of their actions on your own. We will remain by your side in the fight for justice. Call us at (212) 779-0057 to schedule your free consultation with an experienced and dedicated New York premises liability attorney.
- Why You Should Hire Hach & Rose, LLP
- Steps to Take After a Premises Liability Accident
- What’s Involved in an Accident Investigation?
- Damages You Might Be Entitled to In a Premises Liability Case
- Most Common Causes of Premises Liability Accidents
- Most Common Types of Premises Liability Accidents
- Common Injuries Resulting from Premises Liability
- How Much Does a New York Premises Liability Lawyer Charge In Legal Fees?
- Premises Liability Laws in New York
- Filing an Insurance Claim After a Premises Liability Accident
- How Premises Liability Lawsuits Work in New York
- Frequently Asked Questions
- Seek Justice With Hach & Rose, LLP
Why You Should Hire Hach & Rose, LLP
A New York premises liability lawyer can help you recover medical costs associated with medical treatment, physical therapy, and even pain and suffering. Your accident could have been avoided if the problems on the premises were addressed, but instead, the property owner’s indecisive action has left you with an unnecessary injury. Your lawsuit is only fair because the hazards on the property caused physical and emotional injuries.
Severe injuries could force you to take time off from work. Without a source of income, the financial security of you and your family’s future can quickly become jeopardized. We believe that you should not have to bear the financial consequences of your injury alone. We will work tirelessly to ensure the insurance company or at-fault party provides the compensation you deserve.
Hach & Rose, LLP has made it our mission to fight on behalf of our clients who were hurt due to hazardous conditions on another person’s property. Unlike other law firms, we will provide one-on-one attention, guidance, and support throughout your case. You can depend on us to treat you as a priority from start to finish.
You might feel hesitant to move forward with a lawsuit, but you should know that it is usually an insurance company and not the individual who will be forced to pay for your injury in these types of cases. Even if you are injured in a private residence, you owe it to yourself and your family to seek fair compensation for your injuries rather than risk placing yourself in a desperate financial situation.
Steps to Take After a Premises Liability Accident
Even if, in the immediate aftermath of an injury, you’re not sure whether or not you’ll need to take legal action against the property owner, you should prepare for it anyway. There are certain steps you can take following your accident to protect your rights and obtain crucial evidence.
- Step 1 – Report the incident to the owner or a manager. Whether you are at a friend’s house or on commercial property, you should notify someone. Businesses will provide an incident report for you to complete. Be sure to include specific details about what happened, how the incident occurred, and the injury you sustained. If necessary, call local law enforcement to file a police report.
- Step 2 – Take photos. Take pictures of the accident scene and any visible injuries you suffered. If a wet floor or cracked sidewalk caused your fall, take a photo of that as well. You should also include photos of personal property damaged during the incident, such as a broken watch or cell phone.
- Step 3 – Talk to witnesses. If anyone was around when you got hurt, speak to them about what they saw. Write down their names and phone numbers so they can provide witness statements to the insurance company.
- Step 4 – Seek medical treatment. If you’re injured, be sure to seek medical attention following the accident. Even if you believe your injury may be minor, you should still go for an evaluation. Some injuries don’t cause serious pain at first. If the initial doctor you see refers you to follow up with a specialist or get imaging tests, follow their orders. You should continue treating until your doctors release you from their care. Insurance companies often use a gap in treatment as a reason to deny someone’s claim.
Damages You Might Be Entitled to In a Premises Liability Case
Injured victims typically incur what is known as damages after a premises liability accident. There are two main types of damages available in an insurance claim and lawsuit: economic and non-economic.
Economic damages are the expenses associated with an injury, such as:
- Past and future medical bills
- Out-of-pocket costs
- Property damage
- Lost wages
- Lost earning capacity
Non-economic damages refer to the physical and emotional injuries suffered, such as:
- Pain and suffering
- Emotional distress
- Permanent disability or disfigurement
- Loss of enjoyment of life
- Loss of consortium
Damages are supposed to make a person whole after an accident. They should compensate for your past and future losses, such as necessary medical treatment. The negligent party or their insurance company should be financially responsible for your damages. It is your right to hold them accountable for their actions and seek the maximum compensation you deserve.
Most Common Causes of Premises Liability Accidents
Property owners and business owners are responsible for providing a safe place for guests to visit. They are at fault for someone’s injury if the property’s dangerous conditions lead to an accident. Common causes of premises liability accidents include:
- Poor maintenance – Failure to perform regular maintenance on the property and repair damage, defects, or hazards.
- Lack of security – Inadequate hiring of security personnel, especially for secluded areas of the property.
- Loose carpeting, rugs, or mats – Unsecured rugs and similar materials that may move or slide across the floor, creating a slip hazard.
- Defective staircases – Steep staircases, missing handrails, and damaged steps that pose a hazard to guests.
- Obstruction hazards – Objects left on the ground where people frequently walk.
- Uneven or cracked sidewalks – Sidewalks that contain cracks or damage, making them unsafe to walk on.
- Potholes – Potholes in parking lots or streets that pose a hazard for someone walking toward an establishment or their car.
- Lack of warning signs – Failure to place a warning sign near dangerous areas that could cause an injury.
- Unsecured cords and wires – Haphazard cords extended across the floor that someone could trip over.
- Wet or slippery floors – Wet floors from spilled liquid or mopping that isn’t tended to or doesn’t have a warning sign.
- Inadequate lighting – Poor or lack of lighting in stairwells, parking lots, and unsecured areas of the property.
- Damaged or missing railings – Inadequate handrails and guard rails for staircases, balconies, and other structures where a person could fall.
A variety of factors could lead to a premises liability accident. If any of the reasons above or another issue caused your injury, you should seek legal representation to discuss your legal options.
- Step 5 – Hire a New York premises liability attorney to assist you with your case.
- Step 6 – Request insurance policy information. Ask the property owner for a copy of their insurance policy. If you were hurt at a friend’s house, they should provide a copy of their homeowner’s insurance. Businesses typically carry general liability insurance for instances when a guest sustains an injury on their property. The coverage on either policy might be able to cover your losses.
- Step 7 – Maintain records. Keep a copy of every document you receive that involves the case. If you receive hospital bills, physical therapy records, or written prescriptions, don’t throw them away. They can serve as useful evidence in your case.
What’s Involved in an Accident Investigation?
Hach & Rose, LLP has extensive experience investigating premises liability cases. Our investigation might begin by visiting the scene to take pictures. If something like a water leak, inadequate lighting in a stairwell, or another property defect caused your injury, we would secure photographic evidence of it. We can also speak with the manager to request a copy of the incident report. If anyone was around during the incident, we can track down witnesses and ask them what happened.
We will need to gather relevant evidence that proves another person or entity was at fault for the accident during our investigation. Examples of evidence we might obtain include:
- Incident/police report
- Security video footage
- Statements from witnesses
- Accident scene photos
- Maintenance and repair records
- Inspection reports
- Opinions from expert witnesses, such as accident reconstruction specialists
- Your medical records, medical bills, out of pocket expenses, and other associated costs
- Your paycheck stubs to calculate lost wages if you could not return to work
After we file an insurance claim, the insurance company will perform its own investigation into the accident. They may try to discount our evidence and look for a reason to deny the claim. It’s important to remember that the insurance company will not be on your side. You shouldn’t speak with them directly or sign any documents they send to you. We will handle all communication on your behalf and review every form you receive to determine if it’s necessary to complete it.
Most Common Types of Premises Liability Accidents
There are many different ways a guest or visitor may suffer an injury on someone else’s property. Some of the most common types of premises liability cases include:
- Slip/trip and falls – Someone trips or slips on a hazard on the property and falls.
- Elevator and escalator accidents – Elevators and escalators that malfunction or aren’t properly maintained can cause severe injuries.
- Dog bites – A dangerous breed or unsecured pet in a public area could bite someone and cause a serious injury.
- Porch or stair collapse – Poor design, code violations, overcrowding, and low-quality materials can all lead to a porch or staircase collapsing.
- Fires – Inadequate fire prevention and safety precautions will leave guests unprotected if a fire occurs.
- Construction sites – Injuries often result from unsecured materials and equipment, dangerous machinery, toxic chemicals, and inadequate warning signs.
- Snow and ice accidents – Allowing ice and snow to accumulate on the property creates a dangerous slip and fall hazard.
- Swimming pool accidents – Unqualified lifeguards, dirty pool water, and insufficient signage could contribute to an injury.
- Flooding or leaking – When a pipe bursts or a toilet overflows, it can cause flooding or wet flooring. Maintenance workers should address the issue immediately to avoid the risk of injury.
There are many other types that could create unsafe conditions on someone’s property and result in an injury or death. If you were injured in an accident that’s not represented in this list, don’t hesitate to contact Hach & Rose, LLP. We will review your case in detail and discuss your legal options.
Common Injuries Resulting from Premises Liability
Injuries associated with premises liability accidents can range from minor fractures to life-threatening burns. If you suffered an injury on another person’s property, you might be entitled to compensation for your losses.
The most common injuries caused by premises liability accidents include:
- Head or neck injury
- Broken bones
- Spinal cord injury
- Psychological injuries
- Pulled or strained muscle
- Disease from toxic exposure
- Soft tissue injuries
- Wounds and lacerations
- Twisted ankle
Injuries may include emotional distress as well as physical harm. Sometimes the emotional or mental effects can last long after the broken bones and visible scars have healed.
When an injury leads to permanent disability, it can affect every area of your life. You might not be able to maintain employment, care for your family, or perform routine tasks. The endless stream of medical bills on top of your lost wages can create a serious financial strain. Fortunately, there are legal options to collect the compensation you need.
How Much Does a New York Premises Liability Lawyer Charge In Legal Fees?
Some attorneys will charge by the hour and make you pay a fee for every phone call or email exchange. That deters a lot of people from seeking legal representation after an accident. They worry that they can’t afford the added expense of legal representation while also paying for medical care. However, you deserve to have dependable legal representation no matter what your financial situation is.
At Hach & Rose, LLP, we take premises liability accident cases on contingency. That means we won’t expect upfront fees or costs. We don’t recover any legal fees unless we reach a favorable settlement agreement or jury verdict. If we lose your case, you won’t owe us anything.
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Premises Liability Laws in New York
If you intend to seek monetary damages for your injuries, you must prove that the at-fault party was negligent. Negligence is when one party acts or fails to act in a way a reasonable person would under similar circumstances, and their actions or inaction leads to someone’s injury. There are five elements you will need to establish in your premises liability claim to prove negligence:
- Duty – The defendant owed you a reasonable degree of care to prevent you from harm;
- Breach of Duty – They breached their duty;
- Cause in Fact – If it weren’t for their actions or inaction, you wouldn’t have been hurt;
- Proximate Cause – The defendant’s breach was the direct cause of your injury; and
- Damages – You incurred damages.
Another negligence law in New York is known as pure comparative negligence. This reduces your monetary damages by the percentage of fault you share. For example, if your damages total $100,000 but you were 25% responsible for the accident, you would only be entitled to a maximum of $75,000 in compensation.
Filing an Insurance Claim After a Premises Liability Accident
When you hire Hach & Rose, LLP, we will begin our investigation immediately. We will need to take multiple steps to determine what caused your accident and who should be held liable for your injuries and associated costs.
- Visit the accident scene. We will need to investigate the condition of the property. If necessary, we can take pictures of damage or hazards that led to your accident.
- Put the at-fault party on notice. We will send the at-fault party a letter informing them of our intent to pursue compensation for the incident in question. We will also request that they provide us with a copy of their insurance policy and refrain from destroying or disposing of evidence.
- Review insurance policy. Once we receive the policy information, we will review it thoroughly to determine the available coverage. Then, we will file a claim with the insurance company.
- Collect evidence. We will obtain sufficient evidence that proves the property owner, business owner, employee, or other party was responsible for your injury. That could include your medical records, video surveillance, and statements from eyewitnesses and expert witnesses.
- Send demand letter. We will submit a demand letter and all of the evidence we found to the insurance company. The letter will contain details relevant to the case, such as who we believe is legally responsible for your damages, the injuries you sustained, and the settlement amount we’re demanding.
- Negotiate settlement. After we send the demand letter, we will negotiate assertively and strategically for what we believe is fair.
- File lawsuit. If we’re unable to settle your claim, we can file a lawsuit against the insurance company and at-fault party.
How Premises Liability Lawsuits Work in New York
There’s a strict deadline you must adhere to if you want to sue the at-fault party for your premises liability accident. This is known as a statute of limitations. The statute of limitations in New York is three years. That means you have three years from the accident date to file your lawsuit. If the deadline passes, you will likely lose your chance to recover compensation for your losses.
Hach & Rose, LLP has the experience, resources, and knowledge to litigate your case effectively and efficiently. We will handle the filing and guide you through the entire process.
- Step 1 – Prepare the complaint. A complaint is a document that initiates the process and informs the defendant of the legal action being taken against them.
- Step 2 – Prepare the summons. After preparing the complaint, we will need to prepare the summons. This is a court order that requires a person to appear in court on a specific date.
- Step 3 – File documents. We will file both documents with the appropriate civil court in New York and pay the filing fee. It should be with the court where the incident occurred or the defendant lives.
- Step 4 – Serve the defendant. We will hire a process server or another eligible party to serve the defendant with the summons and complaint. This must be done within 120 days of filing. They will then mail us the affidavit of service that confirms the defendant received the papers. We will have to file that document with the court within 20 days of the service date.
- Step 5 – The defendant will have 20 days from the date of service to answer the complaint. If they didn’t receive the documents directly from the process server or another party, such as through mail, they would have 30 days to respond. The answer must include responses to each allegation made in the complaint. It could also include any counterclaims they are filing against the plaintiff.
- Step 6 – After we receive the answer, we will begin the discovery process. This involves both sides obtaining evidence and requesting copies that the other has. Each side must respond to the filed discovery requests within 20 days. We could also schedule depositions to ask the defendant questions about the case under oath during this step. The defense attorney could also request that you participate in a deposition.
- Step 7 – At some point during the discovery process, we might schedule a mediation with opposing counsel. During this meeting, both sides will try to reach a settlement agreement before the case goes to trial.
- Step 8 – If we’re unable to settle during mediation, we will proceed with trial preparations.
Frequently Asked Questions
We realize that you never planned on getting hurt on someone else’s property, and you may be unsure of what actions you should take and what you might be owed. The best thing you can do is talk to a knowledgeable premises liability attorney who can guide you through this challenging time. You may be able to secure financial compensation for a property owner’s negligence, and it is in your best interest to understand all of your options moving forward. Hach & Rose, LLP can help answer these frequently asked questions and more. Contact us at (212) 779-0057 to schedule a no-obligation, confidential consultation to discuss your case today.
According to tort law, a tort is a legal term for an action or inaction that caused another person to suffer, which inevitably leads to civil legal liability. Tort law mandates that people act reasonably to prevent avoidable injuries from taking place, and failing to do so can expose them to lawsuits in a civil court. Injuries that occur on someone’s property fall under this area of the law since they must protect guests and visitors from harm.
A thorough investigation is required to prove the other party’s liability in court successfully. The attorney who represents your case will likely reach out to other professionals who are experts in their field to evaluate architecture, engineering, and design flaws. Your attorney will be able to determine the next course of action once the facts are gathered.
Do not speak with an insurance agent until after you have received counsel from an attorney. Insurance representatives are trained to ask questions that can be used against you to diminish your claim. You do not have to discuss anything with the insurance company, provide any statements, or sign any documentation. If you do, it may prevent you from being able to seek financial compensation for your injuries.
Depending on how your accident occurred, many parties may hold responsibility. For instance, if you were injured after falling over an uneven or damaged city sidewalk, the local municipality could be liable for failing to maintain the public pathway. If your accident took place in a building used for business, then the owners of the business, the property owner, and the management company could all be named defendants.
Schools can also be held responsible for a variety of accidents and injuries. If school officials were aware of another student’s capacity to cause harm, then they may be liable for that student causing harm to your child. It is essential to speak with a qualified New York premises liability attorney to discuss the relevant facts surrounding your claim.
Yes, the statute of limitations requires all personal injury claims to be filed within a strict timeline. Failing to do so will prevent you from taking legal action to obtain what is legally owed to you. Different rules apply to certain claims, and it may depend on if you are filing a lawsuit against a business, private owner, municipality, or school. It is critical that you speak with an attorney as soon as possible to defend your rights.
Seek Justice With Hach & Rose, LLP
When you suffer a serious injury in a premises liability accident, you can become quickly overwhelmed. You’re already attending doctor’s appointments, paying medical bills, and trying to care for your family. Pursuing legal action can feel impossible to deal with on top of everything else. At Hach & Rose, LLP, we want this process to be as smooth and easy as possible. We will take on the legal responsibilities, so you can focus on healing and putting the pieces of your life back together.
Property owners who are negligent in maintaining their properties should be held accountable for their actions or inaction. You deserve justice for the suffering you’ve had to endure. We will advocate for your rights and seek full and fair compensation to cover your damages.
When you hire us, our New York premises liability lawyers will keep your best interests in mind and try to reach your legal goals. You will receive personalized attention throughout your case and have access to our team 24/7.
If you or someone you know has been the victim of an accident caused by a property owner’s negligence, you should not have to bear this burden alone. Contact the New York personal injury lawyers of Hach & Rose, LLP by calling (212) 779-0057 today to discuss your case with a qualified legal professional and learn more about your legal rights and options.