You may have been visiting a relative or friend or doing your regular shopping when you realize you’ve been injured after an accident. You may have lost your footing on a floor that you didn’t know was slick or fell when you did not see the bottom step. However, it happened, you now have to get medical attention for your injuries.
If you are injured on someone else’s property in Greenwich Village that’s due to the owner or other responsible party’s negligence, the law that covers it is called “premises liability.” This includes, but is not limited to, slips and falls. The term includes a wider range of dangerous conditions and the possible injuries that could result, whether or not it came from a fall.
Types of Premises Liability Claims
Any hazardous or dangerous condition can be the source of a premises liability claim. The more common causes include:
- Wet, uneven or slick floors and surfaces
- Sidewalk accidents
- Falls due to improperly maintained stairs, escalators or elevators
- Inadequate security and/or lighting that leads to assault and other crimes
- Inadequate or defective maintenance performed on a building and/or property
- Dog/animal bites or attacks
- Leaking water/flooding
- Toxic chemicals and fumes
- Other hazardous or dangerous conditions on the premises
Generally, the property owner is the one who is at fault, if the accident and injuries are due to the negligence of the owner.
As a plaintiff, you will also be required to prove that not only was the owner negligent, his or her negligence led to the unsafe condition that caused your injuries, and prove that it was a substantial factor in your accident. You will also have to show that he or she knew or should have known that the condition existed, and was negligent in remedying the situation.
The caveat is that you must be on the property lawfully, as an invited guest, a customer, or other lawful purposes. If you were trespassing, the owner may not be held liable, except under certain conditions.
- Comparative Negligence—it’s not uncommon for a property owner to claim that you were responsible for your own injuries, or at least, share the blame for it. New York’s Pure Comparative Negligence Rule will apply either to a settlement or a court case. If it’s proven that you were partly responsible, your settlement will be reduced by the percentage of fault you are assigned. If you’re ruled to be 25% responsible for your accident, any settlement amount will be reduced by 25%.
New York’s Laws
The statute of limitations in New York is three years from the date of your accident under NY Section 214. That means if you file a claim after that point, your suit will be dismissed, even if your claim is for damaged property only.
Three years may seem like a long time, but the sooner you start your claim, the more time you and your lawyer will have to build a strong case.
Greenwich Village’s Premises Liability Law Firm
Premises liability covers a wide range of accidents and injuries in places like retail stores, restaurants, public buildings, apartments, private homes and other places. If the owner, manager, or employees neglected to either warn invited visitors of a dangerous condition or repair it, they can be held liable for your injuries.
Has someone’s negligence resulted in your injury accident on someone’s property? Call us at (212) 777-9400 (or use our online contact form.) Hoffmaier & Hoffmaier is a family-owned personal injury law firm, with more than 26 years of experience helping injured people. Our contingency fee arrangement means we aren’t paid until you are, whether we settle your case in or out of court.