Several scenarios can prompt someone to file a premises liability lawsuit, including slipping on an icy surface or being bitten by someone’s dog. Is it possible to sue if you become injured due to insufficient lighting around a property?
Ross & Hill is a respected personal injury firm serving New York City. Our legal team is here to explain what you need to know about a property owner’s liability, hazardous conditions caused by poor lighting, and more. Don’t hesitate to contact our team if you need an experienced premises liability lawyer in NYC.
The Dangers of Insufficient Lighting Around a Property
If you’ve ever tried to walk around your home while it’s dark, you know how difficult it can be. Without the proper lighting, you could bump into furniture and other objects that you walk around every day. Now imagine navigating a dark space that you don’t occupy every day.
It doesn’t matter if you’re trying to find your car in a dim parking garage or walking through a poorly lit retail store. Navigating a dark environment could put you at risk for many slip-and-fall injuries, including, but not limited to:
- Soft tissue injuries
- Bruises and lacerations
- Facial trauma and scarring
- Bone fractures
- Traumatic brain injuries
An accident could happen anywhere, even at your place of employment. The CDC reports that workplace falls contributed to 805 worker deaths and cost about $70 billion annually.
Assessing a Property Owner’s Liability and Negligence
Filing a premises liability lawsuit is dependent on finding a property owner negligent. Legal professionals determine negligence based on four key criteria:
- Duty of care
- Breach of duty
- Causation
- Damages
Every property owner has a duty to provide reasonably safe conditions for building occupants and lawful guests, such as business customers. Failing to do so could be considered a breach of duty and may directly cause an accident leading to an injury and other damages.
What does this look like in practice? Imagine a restaurant is only open during the evening. The owner has a duty to make the environment reasonably safe for employees and customers, and they install lighting around entryways and stairs.
Unfortunately, a light at the building’s entrance goes out, and the owner never replaces it. Their negligent property maintenance leads to a customer missing a step and fracturing their wrist in a fall. The injured customer could take legal action against the restaurant to seek compensation for their medical bills and related expenses.
Who Can You File a Personal Injury Claim Against?
Depending on the details surrounding your accident, you could bring a premises liability lawsuit against various property owners, including:
- Residential homeowners or landlords: 69% of households in the Big Apple consist of renters, according to New York City’s comptroller’s office. If an injury occurs on a private residential property and the owner is liable, renters or their guests will be able to file a claim against them.
- Business owners: Businesses like retail stores, banks, and other commercial properties could be named the defendant in a personal injury lawsuit if a claimant is injured due to poor lighting on the premises.
- Municipalities: The local government could be held liable for an injury that occurs in a public space that isn’t properly maintained.
Work with an NYC premises liability lawyer to review the evidence and assess the liability of each possible party. Don’t delay the claims process, as filing deadlines exist. If you don’t pursue a claim before the statute of limitations expires, the court will dismiss it.
How a Premises Liability Attorney May Be Able To Help
In addition to helping you gather evidence and review liability, a qualified attorney can evaluate the scope of your losses. They’ll likely ask for documents highlighting your economic damages, such as medical bills and pay stubs showing lost income. Expert witnesses, testimony from your loved ones, and even a personal statement could show your pain and suffering or emotional distress stemming from your injury.
A seasoned lawyer can advocate for compensation either through an out-of-court settlement or in a trial. According to data from the Insurance Information Institute, the median jury-awarded payout for premises liability lawsuits in 2020 was $200,000. The average payout was much larger at $811,769.
Bear in mind that these numbers are not indicative of all premises liability cases, and outcomes vary for every plaintiff. It’s possible that your case could be resolved without any type of payout. Regardless of the possible outcomes, an experienced lawyer can be a trusted resource throughout the legal process.
Contact a Respected Personal Injury Law Firm in New York
When it comes to understanding the many circumstances of premises liability cases, Ross & Hill has you covered. Our firm has over 40 years of experience handling personal injury cases, including premises liability lawsuits. We protect our clients’ interests and aim to be a supportive resource throughout the legal process.
If you were hurt due to unsafe conditions on someone else’s property, reach out to us to discuss your options. Submit our online request form or call (646) 351-6222 to schedule a free consultation.
Frequently Asked Questions
Do you still have unanswered questions? Discover some of the common client inquiries we receive.
What Qualities Should I Look for in an NYC Premises Liability Lawyer?
Look for a lawyer with experience handling cases similar to yours and a positive reputation. Meet with them to make sure you like their demeanor and communication style, too.
How Much Could My Case Be Worth?
Every case is different. The amount of damages you claim depends on the extent of your losses. Remember that not all cases end with a plaintiff receiving compensation.
Do I Need To Pay Attorney Fees Up Front?
No. We don’t charge clients for any services up front and will only collect legal fees if we successfully resolve your case.
Can Anyone File a Premises Liability Lawsuit in NYC?
No. Premises liability claims typically don’t apply to trespassers who come onto a property illegally.
