Long Island Premises Liability Lawyer

Fundamentally, premises liability refers to an owner or property manager’s liability for those injured on their premises. If you step onto public or private land or enter a public or private building, the owner or manager must ensure you don’t suffer any avoidable injury or accident. If you do, you can claim that the owner or manager failed to uphold their duty of care to those entering their premises.

On Long Island, it’s important to seek justice against anyone who has failed to protect you on their property. You often experience injuries and other property damage when you endure a severe accident. If the accident and your injuries were not your fault, it’s your right to seek compensation from the person or persons who caused them. That’s where a Long Island premises liability lawyer from the Rosenberg & Gluck, LLP team can help you.

What Is Premises Liability?

Premises liability refers to the liability of a caretaker (manager, owner, etc.) maintaining a property to care for anyone who enters. The caretaker of the premises must warn anyone visiting of dangers that could cause injury and attempt to keep the premises as safe as possible. If the caretaker fails to do so, they can be held liable for causing injury to a visitor.

Types of Premises Liability Claims

A variety of claims fall under the umbrella of premises liability.

For example, some of the more common premises liability claims include:

• Slip and fall accidents
• Dog bite and animal attack accidents
• Exposure to toxins
• Unsafe pool accidents
• Inadequate lighting/security (leading to a criminal attack)
• Accidents caused by falling trees or objects
• Injuries sustained in collapsing buildings
• Fire accidents caused by code violations
• Unsafe amusement park attractions leading to accidents

These cases could leave a person severely injured and require weeks or months off work to recover from those injuries. If you or a loved one was injured in a premises liability case, you can and should seek compensation to help pay for medical bills and lost income.

How to Prove Premises Liability

Proving that a premises liability accident injured you and you deserve compensation from the liable party presents challenges. Sometimes, it’s hard to show who exactly was responsible for what happened. There are four main criteria that any claim must show to be considered acceptable in court.

Here’s what you have to prove to file a premises liability claim:

1. Prove that the caretaker owed you a duty of care because you were rightfully on the property, and they are in charge of maintaining it.
2. Prove that the caretaker breached their duty of care by allowing a circumstance that led to your injury.
3. Prove that the caretaker’s breach of care led to the accident and injury you suffered.
4. Prove that your injury has severely impacted your life, financially or otherwise.

Prove those four criteria, and you have a solid premises liability claim. Specifically, when it comes to proving premises liability, you need to show that the caretaker of the premises knew of the danger and willfully neglected to repair it or provide the appropriate warning to avoid injury. If the caretaker had the time and resources necessary to prevent danger and did not do so, they are liable for any injury caused.

Evidence Needed To Prove Premises Liability

It’s much easier to prove premises liability if you have evidence of the incident.

Before you begin any claim, you and your lawyer can work together to gather any relevant evidence, such as:

• Medical bills.
• Medical records.
• Photos or video footage from the scene of the accident.
• Eyewitness statements from anyone who saw the accident.
• Statements from family and friends about how the incident has impacted your life.
• Proof of lost wages and income.
• Receipts for the purchase of medical equipment or necessities or receipts for repairs to damaged property.
• Testimony from a medical expert who can testify to how your injuries will impact your future.
• A police report, if filed.

With this evidence, your Rosenberg & Gluck premises liability lawyer can draft a strong claim showing the responsible party owes you compensation for your suffering.

Who Can Bring a Premises Liability Claim?

The law generally distinguishes between three types of people on a property. Some people don’t have the same protection as others, depending on what they are doing on the land.

The three types include:

1. Visitors. The caretaker of a premises has invited these people onto the land, whether implicitly or explicitly—for example, a visitor to a private home, someone shopping in a store, or touring a facility.
2. Licensees. Licensees are on a property for their own purposes—to sell products or hunt or fish on the land. The owner did not necessarily invite them but are still legally there.
3. Trespassers. A trespasser does not belong on the property and may have criminal intentions. The important piece is that the property owner is unaware of the trespasser’s presence or has not permitted them to be on the property.

With few exceptions, a caretaker must maintain their premises from any serious or malicious dangers that could cause harm. Visitors and licensees can expect compensation if injured on someone’s premises.

What Situations Lead to a Premises Liability Incident?

A premises caretaker might run into various issues when managing a property. Each issue can potentially become a serious hazard if left unchecked and untreated.

However, some of the most common causes of premises liability accidents include:

• Wet or slippery floors.
• Ice left untreated on sidewalks outside of a business.
• Parking lots with no lights or security cameras (or too few).
• Cords or other tripping hazards left out in the open.
• Broken stair railings or steps.
• Faulty electrical wiring.
• Unsafe pool maintenance.
• Unleashed dangerous dogs or other animals.

You may not think that premises liability incidents are common, but falls account for 9.3 percent of all preventable deaths in New York. This type of accident is the third most common cause of preventable injury death, after poisoning and motor vehicle accidents.

If you are injured on someone else’s property and believe they should have warned you of the specific danger, seek help from a lawyer at Rosenberg & Gluck to file a claim for the compensation you deserve.

What Damages Can You Claim after a Premises Liability Case?

The damages you can claim after a premises liability case fall into two basic categories: economic and non-economic.

These two broad categories cover a range of potential damages, including:

• Medical expenses for the cost of emergency room visits, surgeries, procedures, medication prescriptions, ongoing therapy, the purchase of medical equipment, etc.
• Receipts for any damages to personal property (e.g., your cell phone).
• Loss of income incurred for time off work to recover.
• Loss of earning capacity if you cannot return to work in the same capacity as before.
• Pain and suffering.
• Scarring, disfigurement, and humiliation.
• Emotional distress or trauma.
• Loss of life enjoyment.
• Loss of consortium (relationships with your spouse).

Your goal in a premises liability case is to gather the evidence necessary to prove that you suffered specific damages due to the accident that the caretaker of the premises allowed or caused to happen. Your lawyer will help you gather the needed evidence and prepare a case to help you recover the compensation you need.

How Much Compensation You Can Expect

The compensation a person can receive from a premises liability claim varies widely. It all depends on how much you suffered physically, financially, emotionally, and personally. In some cases, you can expect to receive hundreds of thousands or even millions of dollars. Some cases are smaller due to less severe injuries and damages overall.

Either way, discussing your claim with a Rosenberg & Gluck lawyer is important. Lawyers are experts in negotiating and can typically recover much higher compensation for their clients. If you have damages and deserve more compensation than the insurance company offers, get in touch with a lawyer immediately.

How Does a Premises Liability Claim Work?

There are several steps to a successful premises liability claim. Here’s a basic outline of the process.

Talk to a Lawyer

First, you should call a Long Island Premises Liability lawyer for a free consultation to help determine whether you should proceed with your claim. Once you’ve decided to file, your lawyer will likely want to meet with you for an in-person conversation to discuss the details and choose the next steps.

Gather Evidence for a Claim

The next step is to gather evidence for an official complaint against the at-fault party. For example, your lawyer will need to see your medical records, documentation of lost wages, and photos or video footage showing how the accident happened and what injuries you sustained. They will then put this evidence together in a claim they will send to the at-fault party or their insurer to ask for compensation.

Receive a Response

The at-fault party, also known as the defendant, will have to respond by accepting your claim, denying it, or offering to settle for less than the claimed value. Your lawyer will likely act as the mediator by receiving the response and bringing it to you for consideration.

Collect Further Evidence and Negotiate for a Settlement

Your lawyer will gather further evidence in three ways:

1. By requesting documents and evidence from your doctors, employer, and the defendant’s lawyers.
2. By sending interrogatories (written questionnaires) to various parties.
3. By taking depositions (verbal questioning) that mimic what they would ask in a courtroom.

While they gather evidence, they will likely be helping negotiate with the defendant to reach a settlement agreeable to both sides.

Go to Court

You can take your claim to court if the opposing party refuses to settle for a reasonable amount through negotiations. In court, a judge and jury will hear the evidence presented and determine the compensation you deserve for your accident. You must accept the court verdict and take whatever they award you.

Finding a Premises Liability Lawyer

As you can tell, fighting a premises liability claim can be challenging. If you’re unsure where to begin, reaching out to a Long Island premises liability lawyer is a great place to start. A good lawyer can help you gather evidence, determine the value of your claim, support your recovery, and fight for the justice you deserve. Reach out to a personal injury lawyer.

The Rosenberg & Gluck, LLP team, has been fighting for justice for victims of premises liability accidents for decades. Together, our team holds over 100 years of experience fighting for accident victims, and our dedicated attorneys will do everything in their power to help you succeed in getting fair compensation.

Over the years, we have helped thousands of clients recover compensation after accidents. While we guarantee no results, we always work to ensure you get what you deserve. After your premises liability accident, don’t hesitate to contact Rosenberg & Gluck at (631) 451-7900 for your free consultation and learn about your rights and the services our team can provide during this challenging time.