New York property owners are legally obligated to ensure their property is reasonably safe for their guests and visitors. Many types of property accidents can lead to severe, life-altering injuries, from slip and fall accidents to dog bites. When property owners negligently fail to keep their properties reasonably safe, victims who become injured on the property can hold them liable for a premises liability lawsuit.
The Nassau and Suffolk County premises liability attorneys at Dell & Dean, PLLC are dedicated to pursuing compensation for victims who’ve been injured on other people’s properties. If you’ve been injured in a premises liability accident and want to learn more about your legal rights, contact Dell & Dean, PLLC to schedule a free case evaluation.
Types of Premises Liability Cases We Handle on Long Island
There are numerous ways victims can become injured on other people’s property. Unfortunately, many premises liability accidents are preventable. When property owners use reasonable care to keep their property safe for their guests and customers, they can prevent many accidents from occurring. Some of the most common premises liability accidents throughout Long Island involve slip and fall or trip and fall incidents. However, many other types of preventable accidents can lead to severe injury or even death, such as:
- Icy stairways
- Broken or dangerous staircases
- Swimming pool accidents
- Broken or damaged sidewalks
- Construction site accidents
- Fallen tree limbs
- Inadequate security
- Negligent security
- Dangerous or defectively designed roads
- Snow and ice accidents
- Electrocutions due to faulty wiring
- Improper irrigation and flooding
- Fallen tree limbs
- Elevator accidents/escalator accidents
- Dog bites
Premises Liability Injuries Can Be Catastrophic
Whether your injuries are relatively minor or catastrophic, it’s important that you don’t underestimate the negative impact they have had on your quality of life. For example, if you’ve suffered soft tissue injuries, you may experience limited mobility and chronic pain and need significant physical therapy.
Although some may consider the injury minor, you may have incurred significant expenses due to your medical costs and time off of work. Premises liability injuries range in severity from minor ankle sprains to severe brain and spinal cord injuries. Some of the most common types of injuries in premises liability cases include the following:
- Neck and back injuries, including whiplash
- Spinal cord injury and paralysis
- Bone fractures, including broken hips
- Eye and facial injuries
- Internal organ damage
- Shock injuries
- Severe burn injuries
- Herniated and ruptured discs
- Soft tissue injury
- Traumatic brain injury (TBI)
Proving Liability in a Long Island Premises Liability Case
Not all accidents rise to the level of a premises liability accident. Victims of accidents on other people’s property must prove several elements to recover compensation for their injuries. For example, the plaintiff must prove that the property owner’s negligence caused their injuries. A reasonable person should be aware of certain types of dangers on their property, such as missing handrails, uneven pavement, and icy steps. In premises liability cases, the plaintiff needs to present evidence proving all of the following elements:
- The property owner or operator caused the unsafe condition that resulted in the injury
- The owner had actual or constructive notice of the dangerous condition but failed to remedy the problem, and
- The owner failed to take reasonable steps to maintain the property, stopping him or her from becoming aware of the obvious dangerous condition or conditions
Thoroughly Investigating Your Case
The key to succeeding in a premises liability case is to undergo a thorough and prompt investigation into the accident. When you’ve been injured, taking photos and videos of the accident scene is important if you can do so safely. The property owner and his or her staff may begin cleaning up the scene of the accident, making it difficult for you to prove the property owner’s negligence.
When you work with Dell & Dean, PLLC, you can rest assured that we will begin investigating your case to uncover the negligent or reckless actions of the property owner. We will gather all available evidence, including witness statements, audio, video, and other footage proving the property owner’s negligence caused your injuries. We will also help you obtain accident and medical reports that indicate the underlying cause and severity of your injuries. Through a careful investigation, we will gather any available evidence, including:
- Eyewitness interviews
- Door-to-door neighborhood interviews
- Sworn statements
- Police records
- Records of past complaints
How Long Do I Have to File a Claim?
Every state has a time limit for personal injury lawsuits, called a statute of limitations. Premises liability lawsuits are one of several different types of personal injury lawsuits. In New York, victims of accidents on other people’s property have three years to file their lawsuit from the date they became injured. Premises liability cases can be complex, so the sooner you reach out to an experienced attorney, the better. If you wait too long, evidence may become more difficult to obtain, witnesses’ memories may falter, and you may run out of time to pursue the compensation you deserve.
Maximizing Your Injury Compensation
Premises liability accidents can cause devastating injuries that result in significant medical expenses. For example, suppose a victim slips and falls on a defective staircase. The victim may be elderly and suffer a broken hip. The cost of surgery, rehabilitation, and in-home healthcare could easily exceed $200,000.
The value of premises liability lawsuits generally hinges upon the severity of the victim’s injuries and the resulting economic damages. At Dell & Dean, PLLC, our legal team regularly works with medical and financial experts to thoroughly estimate all of our client’s current and future losses. By pursuing an insurance settlement or personal injury award, a plaintiff can obtain the following types of damages:
- Ambulance, hospital, and surgical expenses
- All other medical expenses, including prescription medication and in-home health care
- Expenses for physical rehabilitation, physical therapy, and occupational therapy
- Loss of income
- Reduced earning capacity
- Pain and suffering
- Mental anguish
- Loss of consortium
- Loss of enjoyment of life
- Permanent or temporary disability
Schedule a Free Case Evaluation with a Skilled Attorney
You aren’t alone if a property owner’s negligence has seriously injured you. At Dell & Dean, PLLC, we’ve successfully represented clients in a wide range of premises liability cases, including negligent security cases, accidents involving icy stairways, and more. Contact Dell & Dean, PLLC today to schedule a free, no-obligation case evaluation and learn more about your legal rights.
Dell & Dean, PLLC handles premises liability claims throughout Nassau County and Suffolk County on Long Island as well as the boroughs of New York City, and the surrounding areas.