Accidents happen every day. At times, a situation arises that no one can control. Sometimes these accidents are harmless. While other times, serious injuries are suffered. Everyone understands that sometimes life happens, but there are circumstances in which someone’s carelessness or negligence directly results in an accident and injury. This is especially true when it comes to the maintenance and safety of property. All property owners in New York have a responsibility to maintain a safe environment for visitors. When they fail to do so, they can be held accountable for the injuries sustained by others. This is known as premises liability, and victims are entitled to seek compensation for their injuries from the property owner and/or his insurance company.
Common Examples of Premises Liability
Premises liability holds property owners to a reasonable standard of maintenance. They are required to make every effort to provide a safe property for others to visit or traverse. This law encompasses property owned by both individuals and businesses. Some common examples of premises liability cases involve:
- Slip and fall accidents
- Dog bites
- Snow and ice accidents
- Inadequate maintenance
- Toxic fumes
- Amusement park accidents
- Swimming pool accidents
- Elevator or escalator accidents
- Inadequate security
These cases can involve a wide range of situations that can arise on one’s property. If you are unsure if your injury constitutes a premises liability case, don’t hesitate to contact the experienced New York lawyer at Oginski Law at 516.487-8207 to discuss your injury and learn more about your rights.
What Injuries Would Constitute a Premises Liability Case in New York?
Simply being injured on another person’s property is not enough to mount a successful premises liability case in New York. Other conditions must also exist. Those factors are:
- The visitor must have a legal right to be on the property. Any injury sustained while trespassing would not be eligible for a claim. If the property knew the victim was trespassing, but did not take action to remove him, a claim may still be made.
- The property owner was negligent in addressing the unsafe condition. This means the owner knew, or should have known, about the situation but did not make appropriate efforts to repair the problem or warn visitors about the problem.
- That negligence by the property owner led to the injury.
There is one key exception to the trespassing rule: children and an attractive nuisance. If there is a condition or feature of a property that would be attractive to children, the owner must safeguard that feature. They are liable for any injuries sustained by a child on the property. This is true even if the child were an unknown trespasser. One common example of this is an unfenced swimming pool.
What to Do If You’ve Been Injured on Someone’s Property
If you or someone you love has suffered an injury on the property of an individual or business, you should take certain steps to protect your rights and secure your ability to see care and compensation. You should:
- Notify the property owner as soon as possible.
- Seek immediate medical treatment.
- Contact an experienced New York premises liability attorney.
A skilled lawyer can help victims understand their rights, gather necessary documents, secure witnesses if any are available, prepare for court, and negotiate with insurance companies. These types of cases often involve the property owner’s insurance company. Despite what they may say, these companies are out to protect their own interests. They want to offer the lowest settlement possible, regardless of the level of injuries sustained by the victim. Gerry Oginski and his team have helped many people just like you prepare a comprehensive premises liability case to obtain the fair compensation they need to recover from their injuries and move forward with their lives. To learn more, take a moment to fill out our online contact form for a prompt response from Gerry.
What Kinds of Compensation Are Available to New York Victims
After an accident and injury, victims face a number of concerns—physical, emotional, and financial. New York law allows these victims to seek compensation to keep them healthy and living the same lifestyle as before the accident. As a result, victims can obtain reimbursement for:
- Medical bills
- Future medical bills
- Lost wages and benefits
- Pain and suffering
- Loss of consortium
Victims do not have to bear these burdens alone. Gerry Oginski and his experienced legal team can help victims focus on what is truly important while they deal with the often complicated and frustrating legal issues. If you have questions about the kinds of compensation available to you, call Oginski Law today at 516.487-8207 to speak to Gerry and learn more about your rights in New York.
Call Our Experienced New York Premises Liability Lawyer Today
While these cases may seem straightforward, they can grow complicated rather quickly. Both property owners and insurance companies often try to shift the blame for the accident to the victim. In New York, this can have serious repercussions to a claim. If the victim is deemed by the court to share responsibility for the accident, it could reduce the amount of compensation awarded.
Protect yourself and your family by ensuring your case is as strong and complete as it can be. Gerry Oginski can help you identify your needs, prepare a thorough case, and fight for your rights in New York. Call our Great Neck office at 516.487-8207, or take a moment to fill out our online contact form to speak with Gerry about your legal options.