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Property Owner Negligence
Queller, Fisher, Washor, Fuchs And Kool And The Law Office Of William A. Gallina, LLP

PREMISES LIABILITY ATTORNEY NEW YORK

Property Owner Negligence

Our premises liability attorneys in New York can help individuals who have suffered an injury at another’s home recover compensation for any damages incurred. Homeowners have a duty to their guests to maintain a reasonably safe environment on their property. When a homeowner fails to repair a hazardous area on their property, and an accident occurs, they may be liable for any injuries suffered by their guests. As a result, individuals who have suffered an injury on another person’s or entity’s property should seek the counsel of an experienced premises liability attorney.

At Queller, Fisher, Washor, Fuchs & Kool And The Law Office Of William A. Gallina, LLP, our premises liability attorneys have a keen understanding of property owner negligence cases. Our attorneys help our clients understand and navigate the legal process. We handle all aspects of the claim, including interviewing individuals who witnessed the injury, hiring investigators, filing the lawsuit, negotiating settlements where appropriate and pursuing maximum compensation in court.

Do I Have Grounds For A Property Owner Negligence Claim?

Suffering an injury on a homeowner's property does not necessarily present grounds for a lawsuit (even if the injury was the result of an unmaintained or hazardous surface). In order to have a valid claim, at least one of the following statements must be true:

  • The owner of the property must have caused the hazardous area or surface.
  • The property owner must have known of the hazardous area's existence and done nothing about it.
  • The owner should have known of the hazardous area because a reasonable person would have discovered and taken care of the issue.

While any of the above may seem obvious to the injured individual, proving liability can be difficult. Premises liability cases have become difficult to try, due to the vague language involved in determining liability. For instance, it can be difficult to definitively prove that the property owner caused the dangerous condition or should have "reasonably" known about the hazardous area's existence. As a result, it is of the utmost importance that injured individuals contact a premises liability attorney in New York with experience handling these kinds of cases.

How Do Lawyers Determine Liability For Licensees, Business Invitees And Trespassers?

A homeowner's duty of care varies based on the type of guest that suffered an injury. As a result, whether an individual has grounds for a lawsuit can depend on if they are considered an invitee, licensee or trespasser. The following are the different degrees of care that a property owner owes their guests:

Licensees: Licensees are individuals who the homeowner allowed to enter their premises, despite the fact that it is not public property. Social guests, family members and solicitors are considered licensees. Homeowners have a duty to licensees to exercise "reasonable care" to prevent injuries from a hazardous area that they knew of or should have known of at the time of entry. Part of a homeowner's responsibility to licensees is warning them of any dangerous condition or risk involved with entering the property.

Business Invitees: Business invitees are guests who have been invited to a homeowner's residence for a commercial or business purpose. Customers at a garage sale, contractors and utility workers would be examples of business invitees. Homeowners owe a significantly larger duty of care to business invitees. A homeowner's duty of care to business invitees includes actively inspecting their property for hazardous areas and making repairs to any such dangerous conditions. Unlike the duty owed to licensees, a warning of hazardous conditions is not enough to exempt homeowners from liability. Homeowners have a legal obligation to repair conditions to the point that any reasonable person would consider safe.

Trespasser: A trespasser is a person who enters private property without permission from the owner. Homeowners owe no legal responsibility to trespassers regarding the condition of their property.

Does Homeowner’s Insurance Cover Personal Liability?

Many individuals who suffer injuries on private property are hesitant to file lawsuits because the area where their injury occurred is owned by a friend. Many property owners, however, own homeowner's insurance. Homeowners insurance typically covers personal liability, ensuring that the homeowner will not have to pay out of pocket for any injuries that occur on their property. As a result, individuals who have been injured on private property can rest easy knowing that their lawsuit will not cause their friend financial harm.

Can I File A Negligence Claim For Accidental Fires And Explosions?

Fire and explosion accidents occur in New York with an overwhelming propensity. Accidents of this nature can cause victims to sustain debilitating and life-altering injuries. Fires and explosions can result in catastrophic damage to one’s property. Unfortunately, the majority of fires and explosions are a result of negligent behavior on the part of building owners, landlords, electricians or product manufacturers. It is imperative that these individuals and corporations be held liable for their actions in order to prevent such events from occurring in the future. Our premises liability attorneys represent victims of fire and explosion accidents that have occurred due to the negligence of others. New York State law allows for injured individuals or the families of deceased victims to bring forth a claim against the responsible party and recoup compensation for damages sustained as a result of the fire. Retaining an experienced premises liability attorney can expedite the process for you, in addition to ensuring that you receive the maximum possible compensation.

What Are Some Causes Of Fires And Explosion Accidents?

A fire or explosion can be caused by a number of occurrences, including but not limited to:

  • Faulty Wiring
  • Unsafe Working Conditions
  • Cooking Accidents
  • Corporate Negligence
  • Defective Products
  • Gas Leaks & Gas Explosions
  • Human Error
Premises Liability Lawyers Serving New York

What Are Some Common Injuries Caused By Accidental Fires Or Explosions?

Fire and explosion accidents can cause severe injuries to victims, which may dramatically alter their standard of living. Victims of fires and explosion accidents may require extensive hospital care and numerous surgeries following the accident. Burn injuries are particularly devastating and can cause a plethora of emotional and physical conditions, including:

  • Scarring
  • Severe Pain
  • Swelling
  • Skin Discoloration
  • Permanent Disfiguration
  • Emotional Trauma
  • Death

Do Your Premises Liability Attorneys Litigate Fire And Explosion Accidents?

Considering that a great deal of fire and explosion accidents are the result of corporate negligence or defective products, skilled attorneys are required to combat these corporations that have a large amount of resources at their disposal in order to ward off any liability claims. Our premises liability attorneys have a considerable amount of experience litigating fire and explosion accidents and understand the expedited nature of the situation, in addition to being fully aware of the federal and state statutes that apply to such claims. Our firm will retain specialized experts to investigate and corroborate your claim. We use our legal experience and vast resources to aggressively pursue fire and explosion-related claims.

Can I File A Negligence Claim For Dog Bites Or Animal Attacks?

Centers for Disease Control and Prevention estimates that there are more than 4 million bite victims each year. Unfortunately, many of these injuries are easily preventable and caused by the negligent action of the pet's owner. As a result, victims of animal attacks may be able to recoup compensation through a lawsuit. Our New York premises liability attorneys are committed to defending the rights of individuals who have suffered an unnecessary injury due to a dog bite or animal attack. Our lawyers take bite injuries seriously and have the legal knowledge and experience to secure victims the compensation they deserve after experiencing scarring, developmental delays or emotional problems following an animal attack.

Unlike most states, a New York pet owner's negligence in and of itself is not grounds for a premises liability lawsuit. In order to recover compensation beyond medical bills, the victim must prove that the dog had a history of a dangerous or vicious temperament. In other words, an owner's liability beyond the cost of medical bills is determined almost entirely on whether the dog has a history of violence. Proving that a dog has a history of violence can be difficult. As a result, it is important that victims of dog attacks in New York hire a skilled premises liability attorney.

What Is New York’s Dog Bite Law?

In dog bite cases, most states either have a law for strict liability or a "one-bite rule.” Strict liability laws hold the owner responsible for any injuries or damages their pet caused, regardless of the animal's history. The one-bite rule holds dog owners liable only if their pet had a known propensity for violence, such as biting individuals in the past. Premises liability law in New York, however, uses a combination of strict liability and the one-bite rule in animal attack cases. Dog owners have strict liability for any medical or veterinary bills incurred by their pet. Dog owners, however, can only be held liable for non-medical damages if their dog has a known history of violence.

Don't Hesitate To Hire A Skilled Premises Liability Attorney In New York

Individuals who have suffered an injury on private property should not hesitate to seek the counsel of a skilled premises liability attorney. Due to the statute of limitations, victims of a property owner's negligence cannot afford to waste too much time before filing their lawsuit. The statute of limitations is a law that limits the amount of time following an injury that an individual has to file a lawsuit. Failure to file a claim before the statute of limitations expires can result in victims being forever barred for the compensation they may be entitled. In New York, the statute of limitations for premises liability cases involving injuries on private property is typically 3 years. However, the statute can vary on a case-by-case basis. As a result, injured individuals should seek out a skilled premises liability attorney as soon as possible. Our attorneys understand the time constraints imposed by the statute of limitations. We handle all cases in a timely manner to ensure our clients don't miss their opportunity to receive compensation.

Premises Liability Attorneys Serving New York

How Do I Schedule A Consultation With Your Premises Liability Attorneys In New York?

If you or someone you love has suffered an injury due to property owner negligence, you may be entitled to compensation. For a free consultation with our premises liability attorneys in New York, call our Manhattan office at 212.406.1700, our Bronx office at 718.892.0400 or contact us online. We will review your case and discuss your legal options with you. The attorneys at Queller, Fisher, Washor, Fuchs & Kool And The Law Office Of William A. Gallina, LLP take all cases on a contingency fee basis, meaning our services are free of charge unless there is a monetary recovery. Our law firm is proud to serve the New York City area, including the Bronx, Brooklyn, Manhattan, Queens and Staten Island, as well as the surrounding counties and New Jersey. We offer legal services in English, Spanish, Portuguese, French and Chinese.

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212.406.1700

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718.892.0400

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212.406.1700

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718.892.0400

Queller, Fisher, et. al., LLP
Personal Injury Lawyers Serving NYC

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*AV PREEMINENT AND BV DISTINGUISHED ARE CERTIFICATION MARKS OF REED ELSEVIER PROPERTIES INC., USED IN ACCORDANCE WITH THE MARTINDALE-HUBBELL CERTIFICATION PROCEDURES, STANDARDS AND POLICIES. MARTINDALE-HUBBELL IS THE FACILITATOR OF A PEER REVIEW RATING PROCESS. RATINGS REFLECT THE CONFIDENTIAL OPINIONS OF MEMBERS OF THE BAR AND THE JUDICIARY. MARTINDALE-HUBBELL RATINGS FALL INTO 2 CATEGORIES: LEGAL ABILITY AND GENERAL ETHICAL STANDARDS.