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.
- 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.
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.
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:
Someone trips or slips on a hazard on the property and falls.
Assault, rape, and murder happen all too frequently to innocent victims who thought they were safe inside their homes, apartment buildings, place of work, or other secure building. The perpetrator in these cases are of course responsible for their actions. However, residents of a secure apartment building, office building, or other buildings with security are entitled to an expectation of safety. Broken or flimsy locks, inactive alarm systems, and lax security guards are all elements that, if they had been held to a higher standard, may have prevented an attack. You are entitled to feel safe in your office building, apartment building, or other residence. In a rental or sublease agreement, if one of the things you are paying for is secure measures to ensure your safety, then those safety measures should be maintained and adequate. There is no easy way to heal from the trauma of an attack in a building you thought was safe, and a negligent landlord should be held responsible for their role in not providing a safe residence.
In these cases, it is critical that the victim hire an experienced personal injury attorney to prove your case. It is not enough to simply say that the attack occurred and a building with better safety measures could probably have prevented it. A personal injury attorney will piece together essential evidence to support your case. For example, if the attacker entered through a door with a broken lock, an attorney will build a case that sufficiently proves that the locks were weak, that the landlord knew the locks were insufficient and did not replace them, or that the attacker deliberately chose a building with poor locks to target. It must be evident that the attack was significantly affected by the building owner’s negligence.
There may also be other responsible parties that should be held liable. If the building owner contracted a security company to stand guard in the lobby, and an attack occurred because an intruder slipped past a sleeping guard, then an experienced personal injury attorney will also look into holding the security company accountable.
It is extremely important to choose the right attorney to represent your personal injury case. Premises liability is extremely nuanced, and only an experienced personal injury attorney will be able to seek all avenues of compensation. If you or a family member has suffered an assault that could have been prevented with better security, call Hach & Rose, LLP today for a free case review.
Whether you choose to take an elevator or escalator for convenience, or you are disabled and this transportation is necessary, you should be guaranteed a safe ride. We take elevators and escalators so frequently that we often take for granted that they will work properly. However, we all know a horror story of a time when an elevator broke down and injured someone. They’re a terrific convenience when they work, but accidents can be catastrophic.
Because the machinery is so complex, New York has specialized local laws that govern elevator installation, inspection, and maintenance. Often, a building that has an elevator employs a service contractor to maintain the machinery and call upon for service. An experienced personal injury attorney will be familiar with the specific laws that affect your case and will understand the nuances between the building owner and the contractor.
Types of elevator accidents can include:
- Limb trapped in door
- Trapped in elevator car
- Sudden acceleration
- Sudden deceleration
- Hoist cable failure
- Communication failure
Escalators are another convenient form of transportation within large buildings like shopping malls or office buildings. However, if not maintained properly they can be extremely dangerous. A caught piece of clothing, the shoe of a small child, or an abrupt stop could all cause devastating injuries. Escalator machinery is not what it once was when first created, and there are many safety measures that should be in place to prevent harm. Unfortunately, these safety measures can fail, especially if the service company has not properly maintained the escalator.
Similar to elevators, a building manager or landlord will often contract a company to service their escalator and provide service and maintenance. The company contracted to maintain an escalator or an elevator has a duty to service and regularly inspect the machinery for any defects. They can be held liable if maintenance is not performed, or if the escalator or elevator is cleared for use when they are aware of potentially dangerous defects. So too can the owner or landlord of the building be held liable for injuries if they do not call for service, regular upkeep, or if the landlord allows the machinery to be used by visitors when they are aware of some potentially hazardous incident that has not been resolved. Elevator and escalator accidents often occur when a building owner does not want to spend money to update or upgrade the equipment.
It doesn’t take an electric shock attorney to tell you that electric shocks are extremely dangerous. It can leave a victim with permanent damage and has the potential to be fatal. Complications that arise from electric shock can include burns, neurological defects, permanent heart conditions, and more.
Electric Shock in the Workplace
In the workplace, electric shock can result from malfunctioning machinery, unsafe working conditions, or improperly maintained equipment. These incidents will typically affect workers that deal with wiring regularly, like an electrician. Labor laws require that workers are provided with safety equipment, like rubber gloves, heavy-duty rubber boots with thick soles, and other protective gear. If a worker was not given the proper tools for the job, or if equipment was malfunctioning in an unsafe manner, the employee should speak to an attorney about compensation for their injuries.
The New York State Department of Labor has enacted Industrial Code No. 23 which requires any job with clear hazards to be conducted safely. This includes jobs within construction, demolition, electricity, fire, and heavy machinery. The code states that employers in these types of fields must provide safe working conditions, supply employees with protective equipment, and ensure safeguards. Failing to uphold safety regulations will result in harsh penalties for the employer. The Occupational Safety & Health Administration (OSHA) can issue fines to employers that are discovered to be endangering their employees.
Concerning electricity specifically, employees must follow lock out/tag out procedures when people are working. Lockout/tag out is a safety procedure that prevents a machine from being used if it is unsafe. If a someone is using equipment that is malfunctioning or hazardous, lockout/tag out procedure requires the worker to isolate the equipment and then lock and tag it. The worker then keeps hold of the key so that no one inadvertently unlocks the machine before it has been fixed. If an employer insists that productivity must hold precedence over safety and ignores lockout/tag out procedures, someone could get very seriously injured. This system is required by OSHA and any violations should be reported.
Non-Work-Related Shock Injuries
For those who don’t work in the construction industry or as an electrician, electric shock can still be a danger. A common cause of electrocution is fallen or faulty power or electrical lines. Disruption due to high winds, storms, or other issues can be extremely dangerous, and it is the duty of the power company to quickly repair these issues for the safety of the community. If the power company fails to take care of these dangers in a reasonable amount of time, the company can be held responsible.
Defective products are another risk for electrical dangers. Poor design, installation, or manufacture could cause serious injuries. Appliances, power tools, and medical devices are all likely candidates for electrical issues.
When it comes to electrical shock, there are many potential causes and it can be difficult to ascertain who is responsible. If you have suffered from a serious electrical injury, you should contact an experienced personal injury attorney. Your attorney will determine who should be held at fault for the injury and proceed from there.
Fires and gas explosions can cause tremendous damage and injuries from these accidents are often catastrophic. Severe property damage, burns, and death are all potential consequences. These fires can be caused by defective propane tanks, unsecured construction sites, highly combustible fuels, heavy machinery with defective gasoline tanks, unmaintained fire alarms, and more.
Fire and explosions often occur due to negligence. For example, a defective design can cause a gasoline tank to explode. A building manager may fail to perform regular maintenance on smoke and fire alarms in a building. If proper care is not taken, these can become ticking time bombs that have the potential to cause horrific destruction.
The Residential Code of New York State (RCNYS) section 317.1.1 sets minimum standards for all residential homes. Smoke alarms must be installed in the immediate vicinity of all bedrooms. Another smoke alarm must be installed within each bedroom. Finally, one smoke alarm must be installed on each level of the home. In April 2019, New York passed a law requiring all smoke alarms to have 10-year batteries permanently sealed inside the device. This is to prevent people from removing the batteries from smoke alarms, causing them to be inoperable. All property managers must make sure their buildings are equipped with functioning smoke alarms that are placed in the appropriate locations throughout the residence. Failure to do so could result in catastrophe.
In a recent case, Hach & Rose, LLP represented a father and son who were caught in a horrific fire. The fire was the result of an explosion caused by faulty work performed by Con Edison. The force of the blast and subsequent fire caused the building to collapse. Both men suffered burns and additional injuries as a result of the accident. Thanks to our attorneys’ expert knowledge of the law in the area of fire accidents, Hach & Rose, LLP recovered millions of dollars for this family.
If you or a loved one has suffered from a fire accident, contact an experienced personal injury attorney who can help you determine if the fire was caused by someone’s negligence. It is best to seek the counsel of an experienced attorney, rather than assuming you don’t have a case.
Commercial and residential buildings in New York are required to be kept safe at all times, within reason. This means that the owners of these buildings are responsible for keeping them maintained and protected from egregious hazards. Unfortunately, often in the interest of keeping costs down, these buildings are allowed to fall into disrepair and become hazardous. These unsafe conditions can lead to many types of accidents from slips, falls, elevator accidents, electrical shortages, and more. Often these accidents could have been easily prevented by regular maintenance.
In order to bring a claim against a building owner for an accident that occurred in a commercial or residential building, the victim must prove that the owner was aware, or should have been aware, of the dangerous conditions that led to the incident. In order to prove that the owner was at fault, documentation needs to be collected. Maintenance records, surveillance videos, photographs of the scene, witness interviews, can all make the difference between success and failure in a lawsuit. This can be complicated and should therefore be left to experienced personal injury attorneys. They will have the knowledge and experience to determine who should be held at fault and how best to prove the negligence.
Every day children are injured at our schools, which makes sending our children off to school each day difficult. Entrusting their safety to strangers is a stressful experience for a parent. When that trust is violated, the results are devastating for both the parent and the child. Educators are required to provide a safe environment for their students.
Each year roughly 4 million students in the United States suffer serious injuries. These statistics from the Center for Disease Control (CDC) demonstrate that dangerous accidents can happen all over school grounds. Accidents happen because of unsafe practices in the science lab, slips and spills in the hallway, or injuries in a poorly maintained playground. It is imperative that school officials take the welfare of our children seriously.
In New York State there are a multitude of safety regulations imposed on schools. These detail how to construct a building that is safe for everyone. These regulations cover every possible detail, from how many people can safely occupy a classroom, handicapped accessibility, materials that are recommended for use. They even address the appropriate lighting in the building. These regulations ensure that the school building is a healthy space for both teachers and students. Of course, these elements can quickly deteriorate if improperly maintained, which can result in unnecessary danger.
According to the National Program for Playground Safety (NPPS), nearly 60% of all injuries that result in litigation are caused by a lack of equipment maintenance. School playgrounds are no exception to this statistic. The NPPS further states that a well-designed maintenance plan should be in place when the playground is constructed, not merely coming up when the first crisis occurs. Maintenance plans should be based on the age of the equipment, the size and type of the pieces, and how often it is used. Playgrounds should also be regularly inspected by an NPPS Certified Playground Inspector.
These regulations exist for a reason. It is the failure to follow these regulations which often lead to accidents. When they do, it is important to find out which protocol was violated. We must also find out how to prevent these accidents so we can protect school children in the future.
If your child was injured on school grounds, it is important that you consult with a personal injury attorney as soon as possible. With the teacher at fault, upper management, and a school board all potentially working against you, you’ll need to make sure you have experienced and knowledgeable counsel to advocate for you.
As we go about our day, we take for granted that the businesses or residential buildings we visit are well maintained. We may be on the lookout for any trip hazards on the ground, but an object falling from above is unexpected and potentially dangerous. Owners of commercial and residential buildings have a responsibility to maintain these properties in a reasonably safe manner. This includes the more obvious areas like lobbies, apartments, stairways, and ceilings, but it also includes the property surrounding the exterior of a building, like sidewalks, courtyards, parking lots, and driveways.
Falling debris, perhaps from an improperly maintained roof or a construction project, can cause serious injuries. If the building is in serious disrepair, innocent victims could be trapped in a building collapse. An injury caused by an unmaintained property could have been prevented, and the property owner should be held accountable.
If you have been injured by falling debris, or an otherwise ill-maintained property, it’s important that you contact a personal injury attorney immediately. In order to file a claim against a property owner for defective maintenance of a building, the victim must be able to prove that the owner was aware, or should have been aware, of the condition that caused the incident. Without an experienced personal injury attorney, these things would be difficult, if not impossible, to prove.
If you’re a resident or frequent visitor of NYC, you’ll know that cellar grates can be seen in abundance on any city block. They have become a normal part of the landscape and are so common that most of us don’t think twice about walking over them. Unfortunately, these grates are not foolproof, and need to be maintained regularly so that they don’t become a hazard. They can cause serious injuries and even death, and it’s the responsibility of the property owner to keep the city sidewalks safe for patrons and passersby.
According to the New York City Administrative Code Sidewalk Rules, the following are the responsibility of property owners who maintain a cellar grate that is in the path of pedestrians.
The commissioner shall direct the owner to install, reinstall, construct, reconstruct, repave or repair only those sidewalk flags which contain a substantial defect… [including] hardware or other appurtenances not flush within 1/2″ of the sidewalk surface or cellar doors that deflect greater than one inch when walked on, are not skid resistant or are otherwise in a dangerous or unsafe condition.
When a property owner fails to maintain their cellar grates, serious injuries are likely to occur. If the cellar doors are not flush with the sidewalk, which can happen easily over time, the misaligned doors can cause a tripping hazard. Another issue that can arise is slick, slippery doors that can lead to serious falls, especially when it rains. Cellar grates should be covered with anti-skid material to prevent these falls, but the covering can erode over time. Faulty cellar doors can even give way, causing an unwitting pedestrian to fall through with potentially serious or deadly consequences. An employee could also leave the cellar doors open, which might be obvious to passersby during the day, but hard to see at night. Any of these issues can cause harm to someone walking by.
To begin your claim against a property owner for an injury caused by a cellar grate, you should contact an experienced personal injury attorney. The attorneys at Hach & Rose, LLP will first obtain proof that the property owner knew, or should have known, about the faulty cellar grate. Then, we will collect evidence to prove that the faulty cellar grate was a substantial factor in causing your injury. To support the claim, your attorney will seek out witnesses, any relevant photos or video footage, and speak with an engineer about the reasons why the cellar grate failed.
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.
Fall statistics for older adults in the United States
Fall statistics in the United States (%)
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.