Question

What is a premises liability case in New York?

Sponsored Answer
Joseph P. Awad - Personal Injury - Medical Malpractice - Super Lawyers

Answered by: Joseph P. Awad

Located in New York, NYSilberstein, Awad & Miklos, PC

New York, NY
Phone: 516-500-8733
Fax: 516-832-7877

View Profile
Answer

Premises liability refers to conditions on land or in a building that are not reasonably safe and that lead to a person’s injury. An owner of a building or land has a legal duty to use reasonable care to keep the premises in a reasonably safe condition for the protection of all persons whose presence is reasonably foreseeable.

Defining An Unsafe Condition

An unsafe condition includes such defects as poor lighting inside or immediately outside the building, defective locks on doors and windows, lack of safe staircases, defective handrails, slippery substances that are on the floor for an extended period of time, poor management of smoke alarms or fire alarms and non-compliance with local ordinances and regulations.

After An Injury, This Is Step One

The first thing you should do is seek medical attention. To protect your legal interests you should have photographs taken with the use of a cellphone, identify witnesses by name and contact information, and call a lawyer as soon as possible.

When choosing a lawyer to handle your premises liability case, experience counts. Premises liability cases can be complex and involve many different aspects of the law. You do not want an attorney who is not familiar with these types of cases. A lawyer experienced in premises liability cases is likely the best choice to represent you. Sometimes the lawyer’s website lists the lawyer’s experience in such cases. There are also peer-rated services that select lawyers, such as Super Lawyers, which can also be a factor in your choice. You should thoroughly examine an attorney’s background as well as speak to him or her to fully understand how he or she can best help you. 

Talking To The Insurance Company – Yes Or No? 

You should not speak to the insurance company representing the owner of the premises until you have had legal counsel. You have the right to speak directly, but you are at a disadvantage without an attorney representing you. An attorney can provide you a level playing field when communicating with the representative of the insurance company. The representative of the insurance company has a duty to the owner to gather information to help the owner of the premises and the insurance company defeat your claim for compensation.

Disclaimer: The answer is intended to be for informational purposes only. It should not be relied on as legal advice, nor construed as a form of attorney-client relationship.

Other Answers By Joseph P. Awad

Photo of Joseph P. Awad

What is a construction site accident case in New York?

In the state of New York under Sections 200, 241 (6) and 240 of the Labor Law, all contractors and owners in the …

Sponsored answer by Joseph P. Awad

Photo of Joseph P. Awad

How do I know if I have a New York medical malpractice case?

If you have suffered a serious injury as a result of bad medical evaluation or treatment, you should consult with …

Sponsored answer by Joseph P. Awad

Other Answers About Premises Liability - Plaintiff

Photo of Steven M. Burris

Can I Sue A Casino Or Hotel If I Am Injured On Their Property In Nevada?

Each year, more than 42 million visitors come to Las Vegas, and most stay at hotels and motels while also …

Sponsored answer by Steven M. Burris

Photo of Lee Anthony Ciccarelli

How much does a slip-and-fall case pay in Pennsylvania?

It is important to speak to an experienced personal injury attorney after a slip in fall that results in an …

Sponsored answer by Lee Anthony Ciccarelli

Photo of Michael S. Lamonsoff

Who is responsible for a slip/trip or fall accident on a sidewalk in New York?

After a slip or fall accident, there are usually two parties you could hold responsible for a premise liability …

Sponsored answer by Michael S. Lamonsoff

Call Me
516-500-8733

To: Joseph P. Awad

Super Lawyers: Potential Client Inquiry

Disclaimer »
Privacy Policy »
*Required fields
Page Generated: 1.3189730644226 sec