Premises liability is an area of the law that seeks to deliver compensation for parties who were injured on the property of another. Because there are so many ways an individual can harm themselves, premises liability law in New York is extensive. If you’ve been injured on someone else’s property due to negligence, you may be entitled to damages.
Bronx premises liability attorney Jesse Minc represents clients on a contingency basis. That means his injured clients don’t pay out of pocket to hold property owners accountable for their negligence. Call attorney Minc’s Bronx law office to file a premises liability claim against the responsible property owner and their insurance company.
An Overview of Premises Liability in the Bronx, New York
There are many aspects to a premises liability case. These are some of the legal concepts that affect how a personal injury attorney views a premises liability accident.
Elements of a Premises Liability Case
When the insurance company of a property owner examines a premises liability case, they will look for the following four elements. Consequently, as a Bronx premises liability lawyer, Jesse Minc must also verify that these four elements exist for a case to be viable.
- Duty of Care – Did the property owner owe a duty of care to the accident victim? Property owners are legally responsible for ensuring that their property is safe for visitors and employees. That means walkways must be well-lit and clear of obstructions. Proper signage must be in place to warn individuals of any inherently dangerous conditions, etc.
- Breach of Duty – A liability lawyer will then examine whether the property owner failed in their legal duty to provide safe premises for visitors and employees. For example, poor maintenance may increase the possibility of escalator accidents. If the machinery suddenly stops or slows down, it can cause the passengers to pitch forward. In this case, the property owner may be responsible for any injuries sustained by the passengers.
- Causation – The next element for this type of personal injury case is causation. Did the negligent property owners or their custodians cause the accident? It is, of course, possible for a property owner to breach their duty of care without it resulting in injuries. It’s also possible for someone to sustain serious injuries because of their own negligence. The property owner’s insurance company will try to minimize claims by arguing that the negligence was not responsible for the defendant’s injuries.
- Damages – In order for a victim to recover compensation, their liability lawyer must be able to show damages. Damages can be extensive, even in the absence of serious or severe injuries. New York premises liability laws recognize compensatory and non-compensatory damages in personal injury cases. We will discuss these more extensively in later sections.
Damage Caps in Premises Liability Cases
Unlike many states, New York law does not limit the amount of compensation injured victims can collect through legal action. That does not mean that you can necessarily receive millions of dollars for a minor slip and fall accident that did not result in serious injuries, but you can pursue fair compensation for injuries you sustained on someone else’s property.
Statute of Limitations for Bronx Premises Liability Claims
For most premises liability claims against a negligent property owner, you have three years from the accident date to file a claim or legal action. However, if you were injured on a government-owned premises, you only have one year and 90 days to file a premises liability lawsuit against the entity. If the negligence of a property owner resulted in a wrongful death, you only have two years from the date of death to file a premises liability lawsuit.
These timelines may seem significant, but Bronx premises liability lawyers require time to prepare their cases. Once the statute of limitations has elapsed, your ability to collect against the insurance company is gone.
Comparative Negligence Law
The state of New York operates on the pure comparative negligence principle, and this extends to a Bronx premises liability claim. What this means is that you can collect damages to the proportion of liability that you were not responsible for.
For example, let’s consider a Bronx premises liability claim where a shopper laden with packages uses a department store escalator to go down a floor. Their packages cause them to be unbalanced, but while they’re halfway down, the escalator brakes suddenly, causing them to fall forward.
The insurance representative might argue that the plaintiff was carrying more than a reasonable amount of weight down the escalator. The liability attorneys, on the other hand, would argue that most of the fault lies with the property owners for not maintaining their escalators. In a premises liability lawsuit, the court might decide that the plaintiff was 10% responsible and the property owners were 90% responsible. Under the comparative negligence law, the plaintiff could still receive 90% of their compensation due to the property owner’s negligence.
Types of Premises Liability Accidents
There are many accident types that can occur on someone else’s property. Here are some of the most common types that Bronx premises liability attorney Jesse Minc sees at his law office:
Slip and Fall Accidents
Escalator and Elevator Accidents
Elevators can be dangerous, especially when they aren’t properly maintained. Sudden drops, accelerations, door closings, etc., can lead to serious injury.
If an injury occurred due to negligent security, the victim of the attack could pursue damages.
While more common on residential property, injuries suffered from dog bites are actionable.
This type of accident often occurs in restaurants and cafes where patrons are burned because of accidental spills of hot food or liquids.
The accident victims who come to our law firm to pursue damages for their Bronx premises liability claims complain of all types of wounds, from cuts and bruises to serious or catastrophic injuries all the way to the death of a loved one. As a Bronx premises liability lawyer representing injured clients, attorney Minc will discuss your case for you on a contingency basis. If he accepts your case, he will do everything in his power to make sure the responsible property owner is held liable.
Damages in Premises a Liability Case
If you’ve been involved in a premises liability accident on someone else’s property, you’re entitled to damages. But how does an attorney like Jesse Minc calculate damages for a Bronx premises liability case?
The state of New York categorizes damages as economic, non-economic, and punitive. The first two categories are considered compensatory damages, while punitive damages are meant to punish defendants for egregious behavior.
- Economic Damages – These include damages that result in a tangible cost to a client. For example, medical bills, lost wages, and property damage. Economic damages can take into account expected costs. For instance, if a claimant is expected to be out of work for two years, their future lost income should be included in the claim.
- Non-Economic Damages – These are intangible damages that don’t result in economic costs to the plaintiff but still demand compensation. For example, if a plaintiff in a slip and fall accident sustained spinal cord injuries, they would be within their legal rights to have their medical expenses and lost wages covered. However, that doesn’t consider the long, painful road to recovery they must endure. You might have heard a premises liability lawyer refer to non-economic damages as “pain and suffering” because they are meant to provide financial compensation for physical pain, emotional trauma, etc.
- Punitive Damages – These damages are rarely awarded in slip and fall accidents and other types of premises liability cases. However, in rare instances, a premises liability attorney can show that they are warranted.
As a Bronx premises liability lawyer, Jesse Minc is familiar with the way the courts tabulate compensatory damages. Let him review your Bronx premises liability case. There’s no obligation, and you will not have to pay attorney Minc out of pocket for his legal services.
Frequently Asked Questions About Premises Liability Law
Some accident victims are familiar with the premises liability laws of New York. Here are some of the most commonly asked questions attorneys hear in Bronx law offices:
Can I settle my slip and fall case outside of court?
Yes, and that is the preferred way to go. While attorney Minc is prepared to pursue your claim in the New York civil courts, the reality is that most insurance companies would prefer to settle the claim out of court.
How do I establish liability if I was hurt on someone else’s property in New York?
In order to prove negligence, your attorney must be able to show that the accident occurred where you claim it did. Here are a few things you can do to help bolster your claim:
- Call 911 to the scene of the accident.
- Notify the manager or property owner immediately. Ask them to preserve any security footage.
- Talk to witnesses, including employees. Ask for their contact information.
- Take pictures of the accident scene with your phone so you have a record of the way the property appeared at the time of the accident.
This is why it’s important not to delay reporting an accident. That does not, however, mean that you shouldn’t file a claim if you waited. It may just be more difficult to prove your case.
Are there separate Bronx premises liability laws?
No. Premises liability laws in New York come from the laws on the books (statutory law) and precedents established by the courts (case law). With this in mind, a Bronx premises liability lawsuit is subject to similar due process that a plaintiff would find in another New York area courtroom.
Why do I need my own lawyer if the insurance company makes me an offer?
Insurance company adjusters are known for trying to settle claims quickly. They may contact you within a day of the accident, offering to pay your medical expenses. While it might seem like a good idea to accept this fast cash, the reality is that you have no idea how much a full and fair settlement offer might be.
If you accept their check, you will have to sign a waiver of liability, which means you will not be able to pursue further damages if your money runs out.
Bronx Personal Injury Lawyer for On-Premise Accidents
When you come to attorney Minc’s law offices to discuss your case, you will be met by an attorney who understands what it means to be injured in an accident. Attorney Jesse Minc knows that you have had a recent trauma, your bills are starting to pile up, and you’re losing income.
He can begin working on your case immediately. You will not have to pay out of pocket for Jesse Minc’s professional advice. He works on a contingency basis and only gets paid if he settles your suit or wins in court. Attorney Minc has an unparalleled track record and a long list of satisfied clients. Call today to discuss your on-premise injuries.