Premises Liability

So-called “Premises Liability” law covers any injury sustained by a visitor, tenant, or worker on another person’s property. The owner of the property may be held liable if it’s proven they were negligent with their property’s upkeep or maintenance, or caused or permitted a dangerous or defective condition to exist which results in injury. Premises Liability claims include:

• Dog Bites
• Uncleared snow and ice on driveways and walkways
• Other slip and fall accidents (e.g., slippery floors, etc.)
• Trip and fall accidents (e.g., uneven pavement, unsecured rugs, etc.)
• Defective stairs and railings
• Dram Shop/Social Host Liability

All premises liability cases are based on one sound and unbending legal principle: Property owners have a duty to maintain their property in a reasonably safe condition. Failure of a landlord or property owner to use reasonable care is called negligence. Improper maintenance can create a hazardous or dangerous condition which results in injury.

Accidents caused by dangerous conditions on someone else’s property can result in severe injuries, including fractured bones (including most typically fractured hips, ankles, and/or wrists), torn ligaments (typically a torn ligament in the knee or ankle, a torn meniscus in the knee, or a torn rotator cuff or labrum in the shoulder), or even sometimes paralysis, traumatic brain injury, or wrongful death. In the case of dog bites, they can also cause severe and significant permanent scarring and disfigurement.

Dangerous conditions can come in a wide range of circumstances. Most commonly, they are found in the form of dangers or defects on walking surfaces such as driveways, walkways, and interior floors and rugs, and can be caused by a variety of things – snow or ice, liquids, uneven surfaces, improper materials, violation of building codes, etc. Dangerous conditions also come in the form of improperly maintained stairs and railings. Additionally, keeping a dog on the premises with a known prior history of dangerous or vicious behavior can give rise to liability if the dog bites a guest on the property.

What Can You Do To Help Your Own Cause
If you are injured in an accident caused by a dangerous or defective condition on someone else’s property, you can do a few things which will go a long way toward helping prove your claim down the road. At the scene of the injury, or as soon thereafter as possible, pictures of the defect or dangerous condition should be taken; the names of witnesses should be obtained; and the injury should be reported, ideally all before you even contact an attorney. An attorney can assist you in the investigation of your claim, but by the time an attorney is contacted, often the dangerous and defective condition is has been remedied. The best evidence of a defect is almost always found at the time the accident occurs, and if an accident is not promptly reported, the insurance companiesmay argue that it didn’t happen at all or didn’t happen the way it actually did. Accordingly, it is important to help yourself as soon as you can, then contact an attorney promptly.

What Our Firm Can Do For You
Our premises liability attorneys have significant experience in handling the most serious premises liability claims. Our premises liability attorneys understand the priorities following a traumatic accident:

Conducting a prompt and thorough investigation of all the facts, including securing witness statements, photographs, and other documentation of the basis for the claim;
• Analyzing the facts to determine of a viable claim exists;
• Handling the claims process with insurance companies;
• Making sure the proper insurance company will cover past and future medical costs;
• Recovering lost wages; and
• Aggressively pursuing a claim against those responsible for your bodily injury, pain, suffering, and loss of enjoyment of life.

Our attorneys have decades of experience handling premises liability cases and claims. We will help you through the claim process and work with you, your medical providers, and insurance companies to make sure you get a fair resolution for your claim.

By selectively specializing in significant and catastrophic injuries such as traumatic brain injury, fractured bones, torn ligaments, paralysis, neurological injuries, and other similar consequential injuries, and wrongful death, we are able to devote enormous time and personal “one-on-one” attention to each and every client. We know the road to recovery may be hard, long, and uncertain, with potentially long-lasting effects, economically, physically, and emotionally. You may lose wages and benefits now and in the future and you may incur significant medical expenses into the future that seem insurmountable. You may face a daunting rehabilitation from your injuries. Our approach and goal is to give you peace of mind and take as much worry off your plate as we can. We take every step possible to maximize your financial recovery, so you can focus on your physical and emotional recovery from your injuries.

The vast majority of our firm’s cases come to us from other lawyers and law firms who trust us to handle their friends, family members and clients’ personal injury and medical malpractice cases. We are grateful for their trust, which we believe has been earned by our personal approach, attention to detail, and, most importantly, our results.

Contact Us
It’s recommended you pursue a claim as soon after your accident as possible, as prompt and thorough investigation may make the difference between winning and losing your case, and there are certain time limitations on how long you have to file a claim. If you wish to discuss your accident, please call our South Nyack Office at (845) 353-2000 to arrange a free consultation.

No Lawyer’s Fee Unless We Recover
Call us for a free consultation. There are no lawyer’s fees unless we recover for you. If we agree to handle your case, we will work on a contingent fee basis, meaning we only get paid if you do, and the consultation is free.