Premises Liability

When an unsafe, defective, or faulty condition on another’s property causes you harm, you may be able to bring a premises liability lawsuit against the responsible party or parties. As with most personal injury cases, however, you will need to prove that negligence was a factor.

Simply being injured on someone’s property doesn’t entitle you to compensation, but if the owner was negligent and failed to take reasonable care of the property, you may be able to obtain compensation for medical expenses, pain and suffering, lost wages, and other associated costs.

If you have been injured on another’s property, it is essential to consult with a New York personal injury attorney who is experienced in premises liability lawsuits. If negligence was involved, your attorney can help you gather evidence to show that the property owner knew, or should have known, about the unsafe condition and failed to fix it.

The legal team at Marder, Nass & Wiener, PLLC has been successfully representing clients in premises liability lawsuits for decades. Contact us today at (212) 390-9529 for a free and confidential consultation about your case.

Examples of Premises Liability Cases

Any type of injury that occurs on another’s property may become a premises liability case, but the most common include:

  • Slip and fall / trip and fall accidents—The most common type of premises liability case, slip/trip and fall accidents may be caused by wet or oily floors, defective staircases, uneven sidewalks, pavements or thresholds, loose floor boards, and cluttered supermarket aisles. More than one million Americans are injured in slip and fall and trip and fall accidents annually.
  • Elevator and Escalator Accidents—New York City cannot function without elevators and escalators, which are meant to provide safe vertical transportation for the public at large. However, they can malfunction causing serious injuries. Typical accidents usually involve the mis-leveling of elevators, malfunctioning doors failing to open or close properly, sudden stops of escalator, and foreign objects getting caught in the escalator steps.
  • Lead Paint — According to the Centers for Disease Control and Prevention, elevated blood lead levels can affect a child’s IQ, ability to pay attention, and academic achievement. In New York City, a landlord may be responsible for hazardous lead paint conditions in their property. Our attorneys are experienced in helping families impacted by exposure to hazardous lead paint conditions, and have specifically been recognized by the New York Daily News.
  • Swimming pool accidents—According to the Centers for Disease Control (CDC), drowning is the fifth-leading cause of accidental death in the United States. But drowning isn’t the only type of swimming pool-related injury. Every year, people suffer lacerations, broken bones, near-drownings that result in brain damage, and spinal injuries in and around swimming pools. 
  • Dog bites—New York dog bite accidents can result in extensive damages, including the need for reconstructive surgery and serious emotional trauma. NY is a “mixed state” meaning that a dog’s owner is strictly liable for medical expenses, but the victim must prove that the owner knew the dog had a dangerous tendency to bite if he/she wants to collect other damages, such as pain and suffering.

When the negligence of a property owner creates a dangerous condition that contributes to any of the accidents above, the owner may be liable for resulting injuries and damages. A property owner has a duty of care to reasonably maintain the property so that people who enter the property are not injured.

Why You Need a New York Premises Liability Lawyer

At Marder, Nass & Wiener, PLLC, we have an impressive record of obtaining compensation for our clients. We take the time to thoroughly review your case, ask the right questions, gather substantiating evidence, and ensure that you understand your rights and options before moving forward. Our experienced, knowledgeable premises liability attorneys believe that clear and open lines of communication are an essential component of the attorney-client relationship. We will ensure that your rights are protected, and remain by your side from start to finish.

Our legal team will build a water-tight case to position you for the most favorable outcome, and we will fight tirelessly to get you the compensation you deserve.

Compensation for Premises Liability Cases

If you have been injured on another’s property due to negligence, you may be able to obtain monetary compensation. The most common types of compensation in these cases include:

  • Pain and suffering—This is the term used to refer to damages of an emotional nature. For example, if you experienced depression or post-traumatic stress disorder (PTSD) as a result of the accident, your attorney may seek compensation for pain and suffering. Pain and suffering can also refer to ongoing pain, even if it doesn’t affect your ability to work or perform normal daily tasks. Anything that impacts your quality of life could fall under this category.
  • Medical expenses—Reimbursement for past and current medications, surgeries, hospitalization, doctor visits, and durable medical equipment related to the accident, as well as estimated future costs.
  • Lost wages—If you are partially or totally unable to work due to the accident, damages should take into consideration current lost wages and estimate any impact on future earning potential.

Contact Marder, Nass & Wiener, PLLC Today

If you have been injured on another’s property, the legal team at Marder, Nass & Wiener, PLLC can help. Whether the accident occurred at a private home, department store, parking lot, supermarket, or on an escalator, our experienced, knowledgeable lawyers will work diligently and aggressively to get you the compensation you deserve. We have represented countless clients in premises liability cases and have an impressive track record of obtaining compensation. Contact us today at (212) 390-9529 for a free and confidential consultation about your case.