If you’re hurt in an accident, you may be able to pursue financial compensation. The nature of the accident could lead you to file a premises liability lawsuit or a personal injury suit. What is the difference between the two?
Attorneys from Ross & Hill, an experienced personal injury law firm in New York, are here to explain how these lawsuits work so you can navigate the legal process accordingly.
Both Types of Cases Hinge on Four Main Components
Although premises liability and personal injury cases are slightly different, they both examine four essential elements:
- Duty of care: One party has a duty to care for others through reasonable actions.
- Breach of duty: A deliberately harmful action or lack thereof could be seen as a breach of duty.
- Causation: In these cases, someone’s breach of duty directly causes harm to another.
- Damages: One’s negligence also leads to losses, such as a physical injury requiring medical care.
Say your doctor incorrectly prescribes the wrong medication dosage, which exacerbates your health problems and puts you in the hospital. They’re responsible for providing high-quality care, and their negligent mistake could constitute a breach of this duty of care. You may decide to file a medical malpractice suit against them, which falls under the umbrella of personal injury.
As for premises liability lawsuits, the accident may be due to a property owner’s negligence. Perhaps the owner is aware of unsafe conditions on their property and doesn’t take steps to prevent or reduce harm. If someone is hurt because of these conditions, they may have grounds to sue the owner.
In New York, the statute of limitations for these cases varies by the type of claim and the negligent party involved. You may have three years from the date of the accident to open a standard premises liability or personal injury case against someone. However, if you want to take legal action against a government entity, you have 90 days to notify them and a shorter filing deadline.
Damages in Premises Liability vs. Personal Injury Lawsuits
Another notable similarity in these lawsuits is the damages that plaintiffs claim. These accidents can take a toll on one’s physical and mental health. An injured plaintiff could pursue the following damages:
- Medical expenses
- Property damage
- Lost wages
- Emotional distress
In some cases, the court may also award the plaintiff punitive damages to punish the defendant for gross negligence. Remember that compensation is never a certain outcome, and settlement values can range drastically, depending on the scope of the injury. A qualified attorney may help you evaluate your damages and negotiate a settlement on your behalf.
Who Can File a Premises Liability Claim?
According to Statista, New York has one of the country’s lowest burglary rates at 152.8 instances per every 100,000 inhabitants. Still, what if a would-be intruder becomes injured due to unsafe conditions on another person’s property?
Since trespassers enter a property without the owner’s permission, they are generally not owed the same duty of care as other guests. Invitees and licensees are the main groups of people who file premises liability lawsuits. These include invited friends, family, and other social guests, as well as business customers or permitted contractors who visit the property.
The broader nature of a personal injury claim impacts who can file one. Plaintiffs in these cases may be motor vehicle accident victims, mistreated medical patients, or consumers put in harm’s way by a faulty product.
How a Premises Liability Attorney May Be Able To Help You
Why should you consult a NYC premises liability lawyer after your accident? Legal professionals can review the details of your case and determine if a premises liability lawsuit is a valid option. You may think you have a strong case, but an experienced lawyer may find that it lacks one of the four elements of property owner negligence.
Witness statements and photos of the scene are key pieces of evidence in premises liability cases. An attorney could help you gather additional evidence, such as available video footage from the property.
According to 2023 data from Market Growth Reports, 60% of urban households use video doorbells. The technology is increasingly popular and can shed light on injuries that occur on someone else’s property.
Hiring a premises liability attorney may also impact how much financial compensation you receive, if any. Consumer Shield reports that plaintiffs may settle a case for up to 3.5 times more with legal representation than if they handled the claim on their own, though outcomes vary for every case.
Consult an NYC Premises Liability Lawyer Today
If you’ve been hurt because of a negligent property owner, you may be able to pursue injury compensation. Consult the legal team at Ross & Hill to learn about your options and discuss legal strategies. We have over 40 years of experience and handle various types of premises liability lawsuits.
Schedule a consultation today by submitting our convenient online contact form or calling our office at (646) 351-6222.
Frequently Asked Questions
Learn more about personal injury and premises liability cases below.
What Types of Damages Can You Claim in a Premises Liability or Personal Injury Lawsuit?
Plaintiffs can claim both economic and non-economic damages, depending on the scope of the accident. These may include medical expenses, lost wages, property damage reimbursement, and compensation for overall pain and suffering.
Can Residential and Commercial Property Owners Be Liable for Injuries?
Yes, injured invitees and licensees could sue negligent residential and commercial property owners, depending on where the accident occurs.
What Should I Look For in a Personal Injury Law Firm in New York?
When searching for a personal injury law firm in New York, look for attorneys with years of experience and knowledge in a certain area of personal injury law. The firm should have positive reviews and testimonials from past clients, as well as a successful track record.
What Are Common Types of Premises Liability Lawsuits?
Premises liability lawsuits may follow slip-and-fall accidents, dog bite incidents, exposure to dangerous toxins, and assault due to negligent security.
