If you were injured on someone else’s property, you may be wondering whether you have legal rights under New York law. And if you do have pertinent rights, should you act upon them?
Many people assume that if they slipped and fell in a store, tripped on a broken sidewalk, or were injured because a landlord failed to maintain a safe building, the incident was simply an accident. Others worry that filing a claim against a property owner will be difficult or that they will automatically be blamed for what happened.
The reality is that premises liability law exists to protect visitors, customers, tenants, and others from preventable injuries on others’ properties. Understanding your rights can help you make informed decisions and ensure you don’t bear the financial burden of someone else’s negligence.
If you have been injured on another person’s property in Western New York, an experienced Buffalo premises liability lawyer can help determine whether you have a claim and what compensation may be available to you.
What Is Premises Liability?
Premises liability is an area of personal injury law that holds property owners responsible when unsafe conditions on their property cause injuries.
Property owners, landlords, businesses, and property managers have a duty to maintain reasonably safe conditions for people who are lawfully on their property.
This does not mean they must guarantee that no accident will ever occur. However, they must take reasonable steps to identify hazards, correct dangerous conditions, and warn visitors of risks that cannot immediately be fixed. When they fail to do so and someone is injured, they may be liable for damages.
Common Types of Premises Liability Cases
Premises liability claims can arise in a wide variety of situations. Some of the most common include:
- Slip and fall accidents
- Snow and ice accidents
- Broken stairways or handrails
- Uneven sidewalks and walkways
- Poor lighting in hallways or parking lots
- Negligent security
- Elevator and escalator accidents
- Swimming pool accidents
- Dog bites and animal attacks
- Carbon monoxide exposure
- Building code violations
What Rights Do Injury Victims Have Under New York Law?
If you are injured because of a dangerous condition on someone else’s property, New York law provides important protections.
The Right to Seek Compensation
Perhaps the most important right is your ability to pursue compensation when another party’s negligence caused your injuries. A successful premises liability claim may allow you to recover damages for:
- Medical expenses
- Future medical treatment
- Physical therapy and rehabilitation
- Lost wages
- Loss of future earning capacity
- Pain and suffering
- Emotional distress
- Permanent disability
- Loss of enjoyment of life
The goal of such recovery is to help restore you financially and compensate you for the impact the injury has had on your life.
The Right to Hold Property Owners Accountable
Property owners cannot simply ignore dangerous conditions and hope no one gets hurt.
If an owner knew or reasonably should have known about a hazard and failed to address it, they may be legally responsible for resulting injuries.
Holding negligent property owners accountable can also encourage safer practices and help prevent future injuries to others.
The Right to Legal Representation
You have the right to hire a premises liability lawyer to represent your interests throughout the claims process.
Insurance companies often have experienced adjusters and lawyers working to minimize payouts. Having your own legal advocate can help level the playing field and ensure your rights are protected.
What Must You Prove in a Premises Liability Case?
Simply showing that an accident occurred is generally not enough to recover compensation in a premises liability case. You also must demonstrate that negligence was involved.
Typically, a successful premises liability claim requires proving:
A Dangerous Condition Existed
There must have been a hazardous condition on the property. Examples include:
- Wet floors
- Broken steps
- Loose carpeting
- Poor lighting
- Accumulated snow and ice
- Inadequate security measures
The Property Owner Knew or Should Have Known About It
In many cases, the property owner must have either:
- Actually known about the dangerous condition
- Reasonably should have discovered it through proper inspection and maintenance
For example, a spill that existed for several hours in a grocery store may indicate that the store had sufficient time to discover and correct the hazard. If, instead, a shelving unit suddenly collapsed despite records indicating units were regularly inspected and safe, the store could argue that it could not have known it would happen.
The Dangerous Condition Caused Your Injury
There must be a direct connection between the unsafe condition and the injuries you suffered.
Medical records, surveillance footage, photographs, witness testimony, and expert opinions often help establish this link.
You Suffered Damages
Finally, you must show that the accident resulted in actual losses such as medical bills, lost income, pain, or disability.
BLOG: How Do You Prove a Slip-and-Fall Case in New York?
Why Can Premises Liability Cases Be Challenging?
Many people assume premises liability cases are straightforward. Unfortunately, insurance companies often aggressively dispute these claims and have plenty of experience in doing so.
Common defenses include:
- Claiming the hazard was “open and obvious”
- Arguing the victim was not paying attention
- Alleging the victim caused the accident
- Claiming the owner had no notice of the dangerous condition
- Disputing the severity of injuries
Evidence is extremely important in countering these challenges.
The sooner a premises liability lawyer becomes involved, the easier it may be to preserve surveillance footage, obtain witness statements, inspect the accident scene, and document dangerous conditions before they are repaired or altered.
How a Buffalo Premises Liability Lawyer Can Help
An experienced premises liability lawyer can make a significant difference in the outcome of your case. At Feroleto Law, we help injury victims by:
Conducting a Thorough Investigation
We gather evidence to determine exactly how the accident occurred and who may be responsible.
In addition to evidence from the scene, we may also consult with experts in medicine, engineering, building codes, and other related fields to add much-needed context to your case.
Calculating the Full Value of Your Claim
Many accident victims underestimate the true value of their losses. There is so much more to consider both for the present and the future than one might imagine. And if you accept a settlement that does not end up reasonably covering the full extent of your losses, you will likely be unable to request more.
We evaluate both current and future damages to ensure that any settlement reflects the full impact of the injury.
Handling Insurance Companies
Insurance adjusters often attempt to settle claims quickly and for as little money as possible. We handle communications and negotiations on your behalf, allowing you to focus on recovery.
Preparing for Trial
While many premises liability cases settle out of court, our Buffalo premises liability lawyers prepare every case as though it may go before a jury.
This preparation often strengthens our negotiating position and helps maximize compensation.
Frequently Asked Questions About Premises Liability Cases
What should I do immediately after a premises liability accident?
Seek medical attention as soon as possible, even if your injuries seem minor. Some injuries may not become apparent until hours or days later. Prompt medical treatment also creates documentation that may be important to your claim.
If possible, take photographs of the hazardous condition, gather witness information, and report the incident to the property owner or manager. Then contact a Buffalo premises liability lawyer to discuss your legal options.
Can I sue a landlord for injuries on rental property?
Yes. Landlords have a duty to maintain reasonably safe conditions in common areas and address dangerous conditions they know about or should know about.
If a landlord’s failure to repair or maintain the property contributed to your injury, you may have grounds for a premises liability claim.
BLOG: Can I Sue My Landlord for Personal Injury?
What if I slipped on ice outside a business?
Property owners are generally responsible for taking reasonable steps to address snow and ice hazards.
Whether you have a claim depends on factors such as how long the condition existed, whether the owner had notice of the hazard, and whether reasonable snow and ice removal efforts were made.
As you might expect in New York, there is a “storm in progress” defense that does not require landowners to address hazardous conditions until a storm has safely and fully passed.
Can I still recover compensation if I was partially at fault?
Yes. New York follows a contributory negligence system.
This means you may still recover damages even if you were partially responsible for the accident. Your compensation may be reduced by your percentage of fault, but you are not automatically barred from recovery.
How long do I have to file a premises liability lawsuit in New York?
Generally, New York provides three years from the date of the injury to file a personal injury lawsuit.
However, shorter deadlines may apply in certain circumstances, particularly when government entities are involved. It is always best to speak with a premises liability lawyer as soon as possible.
What kinds of injuries are common in premises liability accidents?
Premises liability accidents can result in a wide range of injuries, including broken bones, traumatic brain injuries, spinal cord injuries, shoulder injuries, knee injuries, and severe soft tissue damage.
Some injuries can require extensive medical treatment and may result in permanent disabilities that affect a person’s ability to work and enjoy daily activities.
How much is my premises liability case worth?
Every case is unique. The value depends on factors such as the severity of your injuries, medical expenses, lost income, future treatment needs, and the impact the injury has had on your life.
An experienced Buffalo premises liability lawyer can evaluate your specific circumstances and provide guidance regarding potential compensation.
Will my premises liability case go to trial?
Many premises liability claims are resolved through negotiated settlements. However, if the insurance company refuses to offer fair compensation, trial may become necessary.
A lawyer who is prepared to take your case to court can often strengthen your position during settlement negotiations.
How much does it cost to hire a premises liability lawyer?
At Feroleto Law, we handle premises liability cases on a contingency fee basis.
That means you pay no upfront legal fees. We only receive a fee if we recover compensation for you through a settlement or verdict.
Why should I hire a premises liability lawyer instead of handling the claim myself?
Premises liability cases often involve complex legal and factual issues. Property owners and insurance companies frequently dispute liability and attempt to shift blame to the injured person.
An experienced attorney understands how to investigate these cases, preserve evidence, work with experts, negotiate with insurers, and present a compelling case for compensation. Having legal representation can significantly improve your chances of obtaining a fair outcome.
Contact Feroleto Law After a Premises Liability Accident
If you were injured on someone else’s property in Buffalo or elsewhere in Western New York, you may have important legal rights under New York law.
While no amount of compensation can undo a serious injury, financial recovery can help pay for medical care, replace lost income, and provide security as you move forward.
At Feroleto Law, we have spent decades helping injury victims pursue justice and compensation after preventable accidents. We are committed to protecting our clients’ rights and fighting for the best possible outcome in every case.
Contact Feroleto Law to request a free and confidential consultation with a Buffalo premises liability lawyer. We will review your situation, answer your questions, and help you understand your legal options.
The content provided here is for informational purposes only and should not be construed as legal advice on any subject.
