Exploring Premise Liability in New York and How an Attorney Can Help

January 4, 2024

Exploring Premise Liability in New York and How an Attorney Can Help

As a New York resident, it is important to understand the concept of premise liability and how it applies to the state laws. Simply put, premise liability refers to the legal responsibility of property owners or managers to ensure that their premises are safe for visitors or tenants. When an individual is injured on someone else's property due to negligence on the owner or manager's part, the injured party may have a valid premise liability claim. However, premise liability laws vary from state to state, and it is critical to understand the specifics of New York laws to ensure you are protected in the event of an accident.


In this blog post, we will explore the framework of premise liability in New York and how an attorney can help you navigate the complex legal system.


How does premise liability work in New York?


In New York, premise liability claims involve the legal responsibility of property owners or managers to ensure that their premises are safe for visitors or tenants. Property owners are required to exercise reasonable care to ensure the safety of individuals on their property. If it can be proven that a property owner or manager acted negligently and failed to fulfill this duty of care, they may be liable for any injuries that occur as a result.


For instance, if you are shopping at a store, and you slip and fall due to a wet floor or uneven surface, the store owner may be held responsible for their negligence. Similarly, if a tenant is injured due to the landlord's poor upkeep of a rental property, the landlord may be liable for any injuries sustained.


What changes about premise liability from state to state?


Premise liability laws vary from state to state, and it is essential to understand the specific provisions of the law in New York. In New York, premises liability law is based on a comparative negligence system. This means that the amount of compensation awarded to the injured party is determined by the degree of their fault in the accident. In some states, there is a more stringent doctrine of contributory negligence, which disallows compensation even if the injured party is only partly responsible for the accident.


How can an attorney help me?


If you have been involved in an accident on someone else's property due to their negligence, it is advisable to consult with an attorney who specializes in premise liability law. A lawyer with experience in this field understands the intricacies of premise liability law and can help you navigate the complex legal system.


An experienced attorney can help you gather evidence to support your case and negotiate with insurance companies for fair compensation. They can also represent you in court if necessary and advocate for your rights to ensure you receive the justice and compensation you deserve.


At The Law Offices of Jonathan Van Dina, PLLC, we can assist the New York public with premise liability accident matters.


Our attorneys will work tirelessly to prove the liability of the negligent property owner or manager and help you recover all the damages that you have suffered as a result of the accident. Our firm has a proven track record of fighting for the rights of our clients and obtaining the best possible outcome in their cases.


In conclusion, premise liability is an important legal concept in New York and must be understood if you want to ensure your safety and your rights in case of an accident. Hiring an experienced attorney who knows how to navigate the complex legal system is crucial to ensuring you receive the justice and compensation that you deserve. At The Law Offices of Jonathan Van Dina, PLLC, we are dedicated to fighting for the rights of the New York community and ensuring that you receive the best possible outcome in your case. Don't hesitate to contact us if you have been injured due to someone else's negligence on their property. We are here to help you.


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