When you suffer a serious and unexpected injury, it’s normal to ask how this stressful situation may have been avoided. In many cases, circumstances which allowed your accident to occur could have been avoided if a property owner had taken the proper measures to keep their property safe and secure. In Queens and throughout New York City, property owners of all types have a duty to maintain reasonably safe premises. When one of these property owners fails to meet this duty and an innocent person suffers a serious injury, that property owner could be held liable for damages under the concept of premises liability.
Requirements For A Premises Liability Personal Injury Lawsuit
In order to have grounds for a personal injury lawsuit against a property owner, your lawyer must establish three facts:
- An unsafe condition existed on the property.
- The property owner either caused or was aware of this condition.
- The unsafe condition played a significant role in causing an injury.
The court will also take your own degree of responsibility into account. However, even if you were partially responsible for your injuries, you can still receive financial compensation as long as it’s below 50%. Your total award will be reduced based on your degree of responsibility – for example, if you were found 20% responsible for the accident, a $100,000 verdict would be reduced to $80,000.
Common Accidents Caused By Property Owner Negligence
Poorly maintained, defective, and unsafe properties may have several conditions which can lead to serious accidents and injuries, including:
- Slip and fall hazards – Property owners have a duty to remove slip and fall hazards in a timely manner. Common hazards which lead to injuries include wet floors, ice and snow-covered sidewalks, and wet leaves outside of properties.
- Poorly maintained sidewalks – Premises liability applies both to the interior and the exterior of properties. Property owners have a legal duty to keep the sidewalks outside of their properties safe. If someone trips and falls on an uneven, broken, or slippery sidewalk, the property owner could be held liable for damages related to that person’s injuries.
- Inadequate security – In any metropolis, it’s crucial to make sure commercial properties and apartment buildings have the proper security measures in place. New York City property owners owe it to their customers and tenants to reduce the risk of crime as much as possible. This can be achieved through security cameras, guards, proper lighting, and other measures. If you were the victim of a crime because of inadequate security, you could have grounds for a lawsuit against the property owner.
- Poorly maintained buildings – Apartment buildings, government facilities, and commercial buildings should all have a regular maintenance routine that checks for and removes potential hazards. A poorly maintained building could result in elevator accidents, accidents involving poorly maintained or defective staircases, electrical accidents, fire hazards, and more.
Taking Legal Action After A Preventable Injury
Most people aren’t sure how to respond after suffering a serious injury in an accident caused by someone else’s negligence. Most people consider talking to a lawyer, but may worry that they don’t have a case or that they can’t afford legal counsel. However, at Monheit Law, we understand these concerns. That’s why we offer free, no-risk consultations where you can determine the best plan for your situation. Additionally, we work on a contingency-fee basis, which means you owe us nothing until we help you secure financial compensation.
Contact our personal injury lawyers today to learn more about your options and to begin fighting for the compensation you need and deserve.