Premise Accidents

If you have been injured while visiting a property owned or maintained by another individual or organization, you may be entitled to seek financial compensation through a premise liability lawsuit or settlement. In such cases, you must be able to demonstrate that the property owner or maintenance failed to keep their property up to a reasonable level of safety, and that your injury was a direct result of this negligence. If successful, you may be able to recover damages for medical expenses, lost wages, and other losses associated with your injury.

If you have been injured due to a slip and fall on someone else's property, you may be able to seek damages through a premises liability claim. To ensure that your case is covered, it is essential to consult with an experienced New York premises liability lawyer. At Barillari Law, our slip and fall attorneys have a proven track record of success in these types of cases. Contact us today to schedule a free initial consultation and learn more about your rights and options.

Read more below to learn more about some general premise liability information, and schedule your free consultation now. The following information is intended to provide a general overview of this type of personal injury case in New York, but once you are speaking with an experienced legal professional during your initial consultation you will be able to get a much clearer idea of your own circumstances and understand the path forward more.

What is a Premise Liability

When visiting someone’s property, it is reasonable to expect a safe environment. The owner or management company responsible for the property must take steps to keep the area free of hazards and address any potential risks that could lead to injury in a timely manner. For example, when visiting a shopping plaza, visitors should be able to walk around without worrying about safety hazards such as wet floors or debris that has not been cleared away.

If you sustain an injury due to someone else's negligence, you may be entitled to financial compensation from the responsible party or their insurance provider. This compensation can cover medical bills, lost wages, and other costs associated with the injury, such as pain and suffering.

For a premise liability case to be successful, certain stringent criteria must be met before any further investigation can take place. This includes:

  • You must be invited onto the property to be eligible for compensation if you were injured while trespassing.
  • The defendant must be responsible for the maintenance of the property. 
  • The defendant must have been negligent in their maintenance or care of the property, leading to a hazard. 
  • You must have been injured as a result of the defendant’s negligence.

While the above requirements may sound fairly straightforward, simply determining whether or not you are eligible to seek damages is only the start of a complicated process.


Examples of Premise Liability Claims

In New York, victims of premise liability have the right to seek damages in a variety of situations. Common types of injuries that are seen in the courts include:

Wet or Icy Floors

The owner, lessee, or property management company of a building is responsible for making sure all walking surfaces are safe for public travel in the event of a leak or icy staircase due to low temperatures, or for taking precautions to prevent people from crossing the area until the issue is resolved.

Broken or Faulty Staircases

In accordance with the New York building codes, stairs must be built to a specific standard, including a certain depth for treads, specific criteria for handrails, and more. It is expected that these requirements are met, and any broken treads, missing handrails, or other hazards must be fixed by the owner, or they will be held responsible for any injuries that may occur as a result of their neglect.

Escalator or Elevator Accidents

If you have been injured on an escalator or in an elevator, we can help you understand your rights and build a case that increases the chances of you being compensated for your injuries. Escalators and elevators are incredibly useful and convenient for visitors to large buildings with multiple floors, but they need to be regularly checked and maintained to ensure they are safe and up to the required safety standards. We will go through the details of the incident in order to determine the best course of action to take in order to get you the compensation you deserve.

Defective Conditions on the Property

This covers a broad spectrum of circumstances, including the previously mentioned issues, such as broken or cracked pavement or walkways, cave-ins in floors or ceilings, and even a situation where a fence was not sufficient to prevent a child from accessing a pool.


Do I Have a Valid Slip and Fall or Premises Liability Case?

Although it may appear that some slip and fall cases, or premises liability claims, are relatively straightforward to win, the New York premises liability law is actually structured in a way that favors the property owner. It is not enough to simply demonstrate that a person was injured on another person's property or a commercial building's premises in order to successfully bring a lawsuit; there must be evidence that the property owner was negligent in some way.

As the injured plaintiff, you must demonstrate that the property owner or his tenant was aware of, or should have been aware of, the hazardous or dangerous condition of the premises, and that this condition was a major contributing factor in causing your injury. Furthermore, you must be able to prove that the unsafe condition of the property was the direct cause of your injury.

It is worth noting that the contributory and comparative negligence rule is an important factor to consider when assessing the degree of responsibility of the injured party for the accident. This rule could potentially reduce the amount of compensation that the injured party is entitled to receive, or even prevent them from collecting any damages at all.


What do I need to prove to win a New York premises liability case? 

It is imperative that a prompt and thorough investigation be conducted into your claims. In order to ensure that all evidence is collected before it is lost or destroyed, the scene of the accident must be inspected without delay. Additionally, photographs of the accident must be examined, and any witnesses must be questioned to ascertain the facts of the case.

We will deploy highly-skilled investigators to promptly secure all available evidence and attempt to obtain answers to a variety of pertinent questions, such as:

  • prior accidents
  • prior complaints
  • how long the unsafe condition existed and 
  • building code violations

We may retain an engineer or an architect, as well as other experts in various disciplines, to help investigate and evaluate your case. Furthermore, if necessary, we may also employ expert accountants and financial analysts, as many premises liability claims have their set of associated losses, including:

  • the cost of care 
  • lost wages and 
  • other monetary costs

How will a New York City lawyer for slip and fall help me after I get hurt?

After suffering a nasty accident on another person’s premises, you already have more than enough to deal with. You don't need to add the time and stress of a slip-and-fall lawsuit to your plate. Hiring an experienced lawyer for slip and fall can make the process much easier for you. Not only will you have more time to focus on your recovery, but the premise liability lawyer at Barillari Law can also help to level the playing field and ensure that insurance companies and at-fault parties take your demands seriously.

Why you should not hesitate to contact our slip and fall law firm for help:

  • Property owners may deny responsibility and blame you for your injuries. 
  • Insurance companies may try to reduce the value of your claim. 
  • There may be other liable parties involved, which requires a thorough investigation by a premises liability attorney.
  • There is a time limit to filing injury claims or premises liability lawsuits, and waiting too long may result in losing out on valuable money. 
  • You should not rely on insurance companies to calculate the worth of your premises liability case.

Our experienced premises liability attorneys near you are dedicated to getting you the maximum compensation you deserve. We will conduct a comprehensive investigation into the details of your accident to identify who is liable and the extent of your damages. We will then use our expertise to negotiate with insurance companies and at-fault parties to secure the best possible outcome for you. If necessary, we will take your slip-and-fall case to court and fight for your rights in NY.

What damages are available in New York premises liability cases?

The unexpected occurrence of a personal injury accident can have severe, long-lasting effects. Injuries such as amputation, fractures, or paralysis can drastically alter a person's life. Property owners must be held financially responsible for any accidents that occur on their property, as it is their duty to provide a safe environment for visitors.

At Barillari Law, our trip and fall lawyer will aggressively pursue the damages you rightfully deserve including money for:

  • Rehabilitation
  • Pain and suffering
  • Medical expenses
  • Emotional distress
  • Temporary and/or permanent disability
  • Loss of enjoyment of life
  • Lost income and wages
  • Disfigurement, and more.

Don't underestimate the value of your injuries; it could be more than you realize. Insurance companies may try to give you less money than you are entitled to, so be aware of your rights.

If you have been injured in a slip and fall accident in New York, a lawyer can help you get the compensation you deserve. Specialists in various fields can provide insight into the more complex aspects of your accident, allowing us to accurately assess the value of your injuries. With their assistance, we can gain a better understanding of your case and make sure you receive the compensation you are entitled to.

We Handle All Kinds of NYC Premises Liability Claims

Our lawyers for slip and fall in New York are ready to represent you in any premises liability case, not just slip and falls. We specialize in the following matters:

  • Dog bite
  • Elevator accident
  • Negligent security
  • Sidewalk accident
  • Apartment accident
  • Slip and fall
  • Trip and fall
  • Snow and ice accident
  • Poisonings
  • Workplace accidents
  • Elevator accidents 
  • Swimming pool accidents
  • Rape or assault 
  • Hotel accidents and more. 


Contact The Barillari Law for Your Slip and Fall Case

Starting to work with our lawyers near you as soon as possible will give us more time to build a strong case that could lead to a successful settlement or damages award. These cases can be complex and involve many steps, such as identifying the liable party, demonstrating their negligence, and calculating the damages you are entitled to due to your injuries.

For a free review of your case, call Barillari Law today at 718-966-8181 or contact us through our online form.

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