Queens Premises Liability
Queens private property owners, which include business owners and landlords, have a legal obligation to their fellow New Yorkers to maintain their premises and keep their property safe for all their customers and visitors. If an accident occurs due to negligent maintenance practices or a failure to give proper warning to pedestrians about potential hazards, the owners may be liable in a premises liability lawsuit. Recoverable compensation in such a lawsuit may include any medical bills that resulted from the accident, lost wages from an inability to attend work, and pain and suffering that the individual experienced due to long-lasting or permanent damage. At Queller, Fisher, Washor, Fuchs & Kool, our Queens premises liability lawyers have successfully handled these types of cases for over 50 years.
If you have suffered an injury or worse as a result of a negligent property owner and their practices, then you may have a valid premises liability case. At Queller, Fisher, Washor, Fuchs & Kool, our attorneys have over five decades of experience upholding the legal rights of our fellow New Yorkers. We sympathize with all of our clients and strive to win them a favorable verdict and the maximum compensation that they may be entitled. Please do not hesitate to call us at 212.406.1700 for a free consultation to discuss your case.Common Signs of Property Owner Negligence
A favorable verdict in a premises liability lawsuit will depend on whether or not it is possible to prove that the property owner acted negligently by failing to maintain a safe environment for all their visitors. Such examples of negligence include:
- Poor or faulty lighting
- Broken or uneven stairs
- Loose rugs or flooring
- Malfunctioning elevators
- Icy pavement or wet floors
- Failure to provide security measures against criminal activity
- Cluttered walkways
- Failure to warn visitors of hazardous conditions or dangerous substances
- Lack of Proper Signage.
Another aspect that is necessary in order to prove liability of the property owner is if it is possible to prove one of the following:
- The property owner was aware of the hazard, but did not take measures to make the area safe.
- The property owner was responsible for the unsafe conditions, which resulted in an injury.
- Even if the property owner was not aware of the hazard, it can still be shown that any reasonable person should have known about the unsafe conditions, which makes the owner liable. This is commonly referred to as constructive notice.
Premises liability cases also encapsulate the injuries that occur due to a lack of security measures. When a property owner has constructive notice of their inadequate security, they are placing many people at risk, including their visitors, customers, and employees. A property owner may be liable for any criminal activity that resulted in injuries which could have been prevented with sufficient security in place. For example, if a person was raped, assaulted, abducted, or murdered, the property owner could be liable for any damages incurred. Property owners in New York are required to provide a safe environment by having proper lighting, safe locks, and other reasonable security measures. Without these reasonable safety features, a property owner may be held accountable for any criminal activity that occurs on their property.Pertinent Laws Regarding Invitees, Licensees, and Trespassers
The laws regarding premises liability vary depending on how the owner uses their property. For instance, customers who visit the owner’s property for the purpose of conducting business are considered invitees. The owner is obligated to inspect their property thoroughly and correct any hazards in order to provide a sufficiently safe environment for their invitees.
Friends, casual guests, or acquaintances are considered licensees. Owners do not have a legal obligation to inspect their property for any hazards when inviting their friends. If the owner becomes aware of any potential risks, then they must warn their guests and correct the hazards in a timely fashion. Alternatively, if it is possible to prove that the owner, as any other reasonable person, should have known about the inherent dangers on their property, then they can become liable for any damages that resulted.
The other type of visitor that may pass through your property is a trespasser. Trespassers on a property are owed a very limited amount of duty of care from the owner. A property owner cannot deliberately lay traps for any potential trespassers; in addition, they must give warning to any trespasser when they are aware of the intruder. The foremost instance where the property owner owes a higher duty of care to a trespasser is in the case of children. If a property owner possesses an “attractive nuisance”, like a swimming pool, then they must follow every safety precaution in order to secure the area and prevent children from trespassing. In other words, an attractive nuisance is a doctrine that holds landowners liable for injuries to children who trespass onto their land due to their inability to appreciate the risks posed by the hazardous objects or area.Types of Available Compensation for Premises Liability Lawsuits
Any recoverable compensation in a premises liability case depends on the extent of your injuries. If you experienced severe injuries then you may be entitled to greater compensation whereas minor cuts and bruises would award a lesser amount. The types of recoverable compensation in these cases are:
- Lost Income/Wages
- Medical/Hospital Bills
- Pain and Suffering
- Loss of ability to earn a living
- Permanent Disability
- Cost of therapy or rehabilitation
Regardless of the severity of your injuries, the attorneys at Queller, Fisher, Washor, Fuchs & Kool understand the emotional and financial strife that can result from an injury caused by a slip or fall. We strive to recover the maximum possible compensation for your injuries in order to alleviate your financial strain.Contact Our Skilled Attorneys Today
If you or a loved one was injured or killed due to the negligence of a property owner, our Queens Premises liability attorneys can help you during this difficult time in your life. We are well equipped to fight for your family in order to alleviate your financial struggle that resulted from your injuries. We sympathize with your situation, which is why our services are retained on a contingency fee basis. You will not be charged for our services unless we recover compensation for your losses. We recommend that if you were injured on someone’s property that you should not hesitate to constact a lawyer in order to determine whether you have a valid lawsuit. Typically, a person can file a premises liability lawsuit within 3 years of their accident. In cases where the injured party is a minor, then the 3 years begin to count down from their 18th birthday, which will end when they turn the age of 21. Please do not hesitate to call us for a free consultation at 212.406.1700 or contact us online to discuss your case.