Have you ever heard about the famous manhole accident case? Several years ago, a man in Brooklyn fell into an open manhole that the city neglected to warn passersby about. The man sued the city of New York and won a whopping $18 million for its negligence.
If you’ve hurt yourself on someone else’s property, your settlement might not be that high, but a premises liability attorney in Manhattan can help you seek damages for the harm you’ve suffered. Here’s how to pick the right Manhattan premises liability attorney for you.
How a Premises Liability Lawyer Can Help After an Injury
An attorney who is well versed in premises liability law can be invaluable when it comes to making liability claims. Your attorney will:
- Review all available evidence, including your first-hand account, witness statements, camera footage, and inspection reports.
- Make a strategy to recover the largest possible amount for your premises liability accident.
- File necessary paperwork.
- Talk to insurance companies on your behalf.
- Represent you if your case goes to trial.
To pick the right lawyer, ensure they have experience working with clients who’ve had similar accidents. You should also look at reviews to see the outcomes they’ve achieved for clients. Ask about the attorney’s fees so there are no surprises after you hire them.
What Compensation Is Available for Victims After a Premises Liability Accident?
Compensation available to you depends on the specifics of your accident. It may include money for:
- Current and future medical bills
- Lost wages and loss of future earnings
- Replacing damaged or destroyed property
- Pain and suffering
- Mental distress
Where Do Premises Liability Accidents Happen in Manhattan?
Premises liability accidents can happen almost anywhere. You could suffer a dog bite at a neighbor’s house, slip on spilled food at the grocery store, or stumble over a crumbling stair at the post office. Such accidents can occur in any situation where the property owner acted negligently or irresponsibly.
What To Do After a Premises Liability Accident in Manhattan
After a premises liability accident, you must proceed carefully. Failing to follow any of these steps could compromise the outcome of your case.
- The first thing you must do is notify the property owner of your accident. They may have procedures that allow you to make a formal report.
- See a doctor for medical care and keep records of your treatment. These records will help your lawyer document your injuries for insurance companies.
- Take detailed notes about what led to the accident. If you have visible injuries, take pictures of them.
- Contact a premises liability attorney from Ross & Hill. Your attorney will go over the details of your case, look over the accident scene, speak to witnesses, and negotiate with insurance companies for a settlement. If you and the other party cannot reach a settlement agreement, your attorney will represent you at trial.
How Common Are Premises Liability Cases in Manhattan?
It’s difficult to find statistics specific to premises liability cases, but it’s fairly safe to say that they happen regularly in Manhattan.
Slip-and-fall accidents are a common type of premises liability case. Annually, they account for more than one million visits to the emergency room.
Struck-by accidents are fairly common as well, especially on job sites. The Bureau of Labor Statistics (BLS) found that more than 700 people perished as a result of these accidents at work in 2021.
Common Premises Liability Injuries
Premises liability injuries vary widely depending on the accident. Injuries such as broken bones, concussions, lacerations, and internal damage aren’t uncommon.
Slip-and-fall accidents are extremely common, especially in and around pools, grocery stores, and other places the public frequents daily. Other types of premises liability cases that happen in New York include:
- Animal attacks
- Amusement park accidents
- Elevator and escalator accidents
- Snow and ice accidents
Manhattan Premises Liability Resources
The New York City Bar Association serves as a good resource for learning more about premises liability. On its website, you can learn about common types of premises liability and find out whether premises liability laws apply to your case.
Our liability attorneys at Ross & Hill stand ready to help if you’ve had an accident on someone else’s property. For a free consultation, call us at (718) 855-2324.
Frequently Asked Questions
What is the difference between premises liability and general liability?
Premises liability law applies when a property owner fails to remove hazards and a guest suffers injuries as a result. For instance, if a store owner neglected to wipe up a spill and someone fell in it, that would fall under premises liability. General liability, on the other hand, refers to any type of harm that was done to a person on someone else’s property.
What are the elements of premises liability negligence?
The four elements of premises liability negligence are duty of care, breach of duty, causation, and damages. To explain further, the property owner must have been obligated to keep guests safe. They knew about a danger but failed to fix it, which caused you to fall and hurt yourself. You suffered damages, which could include your injuries, medical bills, property damage, and emotional distress.
How is strict liability different from other types of liability?
Unlike other types of liability, under strict liability tort, a victim must only prove that the defendant committed an act that led to their harm. The intent of the defendant does not matter. Animal attacks, defective products, and abnormally dangerous activities all fall under strict liability tort. For instance, if an owner knew their dog was dangerous and it attacked you, they would be strictly liable for your injuries.
What must you prove to win a premises liability case?
To win your premises liability case, you and your premises liability attorney in Manhattan will need to connect your injuries with the property owner’s negligence. Put another way, the property owner must have been aware of some hazard and failed to correct it, and that inaction led to your accident.