New York Premises Injury Lawyer
Premises Liability includes various types of accidents involving real property and physical infrastructure. The types of premises includes houses, two-four family houses, multi-dwelling buildings, apartments, office buildings, stores and shops, warehouses, commercial and industrial buildings, etc. Infrastructure includes roads, streets, sidewalks, manholes, highways, bridges, tunnels, developed and undeveloped lands, structures, etc..
The types of accidents that usually occur on premises include trip/slip and falls, malfunctioning elevators and escalators, dangerous stairs and staircases, uneven or broken sidewalks and walkways, explosions, fires, gas poisoning, paint-lead poisoning, inadequate security or supervision, fallen or dismantled objects or fixtures, etc..
In order to recover for injuries involving premises, the owner or operator must have known about the dangerous condition or defect (actual notice) or should have know about it (constructive notice). No notice is required if the responsible party (be it the person or entity which owned, managed, maintained, operated the premises) created the dangerous or defective condition.
Injuries sustained in a premises liability case, unlike motor vehicle accident, are not subject to a serious injury threshold standard. That is, the injury may not have any real compensatory value but it is not dismissible as a matter of law by failing to qualify as a serious injury (as required by the Insurance Law in auto accidents). However, unlike auto accidents, there is no “no-fault” insurance for premises cases to pay for your medical treatment. Usually, though, the insurance covering the premises has what is called a medical line of coverage, which affords medical coverage to the injured person, but is a modest or nominal amount.
In premises cases, it is imperative that the accident scene be documented immediately. The dangerous or defective condition may very well not be there for any appreciable period of time after the accident, especially when the responsible party becomes aware of the accident and takes measures to rectify it (or cover it up).
Big businesses and companies and insurance carriers have teams of investigators, claim adjusters and lawyers who represent them (and whose job it is to minimize or deny your claim). It is a must that if you or a loved one are injured in a premises accident that you immediately contact a competent and experienced lawyer to commence a legal investigation and preserve your rights.