Uniondale Premises Liability Lawyer

Accidents happen no matter where you might be. However, if the incident takes place while visiting a business or someone else’s home in Uniondale, there could be a chance where legal options might be available. Unsafe conditions that property owners fail to address like slippery floors or broken stairs can lead to serious injuries. As such, a Uniondale premises liability lawyer can be of assistance if you have recently been injured in such incidents.

This guide will go over understanding premises liability and the actions you could take if you wish to pursue compensation. The legal process of these incidents can be complex, and an experienced personal injury lawyer can help. Let’s discuss what you need to know right now.

What Should You Know About Premise Liability?

Premises liability is defined as the legal responsibility of both property owners and managers to make sure that their premises are safe for visitors. Failure to address potential safety issues that lead to someone getting injured can lead to legal consequences on their end (mostly civil). Property owners and managers owe a duty of care under New York Law to the following:

• Invitees including houseguests, customers or clients of a business, etc.
• Licensees such as social guests
• Children and even unauthorized trespassers (in some cases)

As a property owner or manager, their role is to maintain the property and regularly inspect it for potential hazards. If any issues are spotted, they will need to be fixed accordingly. However, issues that cannot be repaired at the moment will require clear warning to those in the nearby area about dangerous conditions. If such addressing of safety issues fall short, this is where an experienced premises liability attorney near Uniondale can assist injured victims.

What Are The Common Types of Premises Liability Cases

Premises liability falls under a wide range of incidents that occur on private or public property. Specifics will differ from one case to another. Despite this, negligence will usually be the underlying issue. Common types of premises liability cases include:

Slip and Fall Accidents

One of the most frequent incidents of premises liability include slip and fall accidents. They occur due to poor lighting, ice or snow buildup on walkways, or flooring that is wet or uneven. A slip and fall lawyer in Uniondale understands what details to look out for when investigating on a client’s behalf to see if a property owner failed to address a known hazard that was present.

Trip and Fall Hazards

This includes loose rugs, clutter in aisles, cords laying across walkways, and even stairs that are defective. All of these can play a contributing role in trip and fall incidents. If the condition was known or should have been known, liability will fall on the owner (and other potential parties).

Inadequate Security

Basic security measures such as proper lighting, functional locks, or even on-site security (if necessary) should be addressed accordingly. Someone may be assaulted or robbed on the premises and negligent security may be the liability that falls on the fault of the owner.

Dog Bites and Animal Attacks

Dog owners can be held liable if their pet causes injury (especially if they have a history of aggressive behavior). Typically such incidents happen on a residential property but could happen on public property as well.

Elevator and Escalator Accidents

Property managers who have elevators or escalators on their premises must make sure they are in good working order. Failures may lead to significant injuries. Proper inspections should be performed on a regular basis to detect any potential issues that may arise (and be repaired accordingly if an issue is spotted).

Swimming Pool Accidents

Private and public pool owners need to secure their premises and maintain safe conditions. This will prevent slip accidents as well as drowning. In the case of a drowning death, a wrongful death claim is possible from surviving members of the victim’s family.

What Elements Are Required To Prove A Premises Liability Claim?

A property injury claim can be successful should your Uniondale lawyer be able to prove these four necessary elements. Here’s what is often presented in these cases:

• Duty of care: Did the owner or occupier have the legal obligation to make sure the premises was safe for visitors?
• Breach of duty: Did they fail to maintain the property or warn visitors of a known hazard?
• Causation: Did the unsafe conditions of the premises directly cause the injury?
• Damages: Did you suffer measurable harm physically, emotionally, or financially?

These elements can be established via investigation, photographic evidence, witness statements, expert testimony, and medical records (among others). As such, proper documentation linked to the incident can be useful in your claim. If you have any questions on what should be included, be sure to ask an attorney during your initial consultation.

What Damages Can You Recover?

If you have suffered from premises liability injuries, you may deal with the aftermath including physical, emotional, and financial burdens. A lawyer may seek compensation on your behalf for the following damages:

• Medical expenses (past and future)
• Lost wages and loss of earning potential
• Pain and suffering
• Emotional distress
• Rehabilitation and therapy costs
• Scarring or disfigurement
• Loss of quality of life

In some cases, wrongful death may also be involved. As such, this means a wrongful death lawsuit is possible where the surviving family members can receive compensation for funeral costs and other expenses. New York’s statute of limitation for wrongful death claims is two years, which is a year less than the personal injury statute of limitation of three years from the time of the incident. Regardless, time is not on your side and consulting with a Uniondale premises liability attorney as soon as possible should be your next step.

Why Should You Hire A Premises Liability Lawyer?

It’s clear that the legal process is complex in any case, including premises liability. As such, an experienced premises liability lawyer in Uniondale is someone you can hire as they have key advantages including:

• Case evaluation: Our lawyers at Duffy & Duffy can determine if your claim is valid. They will also determine who is liable and the amount of compensation the case is worth.
• Evidence collection: It is key to build a strong case based on a premises liability claim. This will include gathering photos, surveillance footage, witness statements, and inspection reports.
• Dealing with insurance companies: Insurance companies are notorious for downplaying injuries and blaming the victim. This is designed to ensure that they payout as little as possible. However, Duffy & Duffy has experience in negotiating with insurance companies and can work on your behalf aggressively to ensure that necessary compensation is possible.
• Litigation experience: Your attorney can take the case to court in the event if a settlement isn’t reached.

What Actions Should I Take In A Property Injury Claim?

If you have been injured on someone else’s private or public property, it is important that you take the necessary steps as soon as possible:

• Seek medical attention immediately: Get treated and document any injuries you have, even if they are not immediate.
• Report the incident: Notify the property owner or manager as soon as possible. Request a written report if it’s applicable.
• Document the scene: This includes taking photos of the hazard, injuries you’ve dealt with, or any surrounding conditions that are applicable.
• Get contact information: Get the names and contact details of any witnesses that were nearby during the incident.
• Avoid speaking with insurance adjusters: Insurance companies will try and pressure you to settle quickly or admit fault. No communication is necessary on your part and should be handled by a Uniondale personal injury lawyer accordingly.
• Contact Duffy & Duffy: A property injury lawyer in Uniondale can work with you to resolve the case while assisting you in potentially seeking compensation. The sooner you get legal counsel involved, the better.

Contact Duffy & Duffy If You Have Been Injured In A Premises Incident

If you have sustained injuries on someone’s private or public property, this can be an incident where premises liability is involved. By contacting a lawyer who is familiar with such cases, they will work to see if you have a legal avenue available. From there, our skilled Uniondale premises liability lawyers at Duffy & Duffy can work to make sure they secure fair compensation for you. Call our office to set up a free consultation today.