Premises Liability Lawyer & What You Need To Know

Premises Liability Lawyer & What You Need To Know

Steven Schwartzapfel -Founding Partner May 2, 2022

For more than 35 years, Steven Schwartzapfel, the founding member of Schwartzapfel Lawyers P.C., has been one of New York’s most prominent personal injury attorneys. Steve represents clients in all types of personal injury cases. His experience, skill, and dedication have enabled Schwartzapfel Lawyers P.C. to recover hundreds of millions of dollars for their clients.

Have you or a loved one slipped, tripped, or fallen on the premises of a business? Were you injured as a result? Has your landlord failed to keep common spaces safe for all tenants? In these instances and more, a premises liability lawyer can help you get the compensation you need to pay for your medical bills and accident-related expenses.

However, many people aren’t sure what a premises liability lawyer does or what benefits they bring. Premises liability lawyers are skilled legal professionals who can ensure you recover the maximum potential compensation from your lawsuit. 

As your time to secure this compensation is limited, it’s worth reaching out to a well-qualified premises liability lawyer right away. You can call Schwartzapfel Lawyers today at 1-800-966-4999 to get started.

What Is Premises Liability?

In a nutshell, premises liability is the legal concept that a business or a property owner has a duty to ensure that the premises are safe for traversal or use within reason. “Within reason” means:

  • That the property is being used as intended
  • That the property is being used by people intended to be there

For example, if a burglar breaks into a person’s property, that person is not obligated to ensure that their property is traversable or safe for the burglar. However, if a business is open to the public, the company or the business owner is responsible for ensuring the public can safely get to and from the business.

Premises liability affects a wide range of accidents that occur on public and/or business premises. They can also happen on premises owned by one person or company, such as rental apartment buildings or other rental structures.

Premises liability is significant because it affects who can be sued for an accident and who is on the hook for damages if a person is injured by accident.

Types of Accidents Affected by Premises Liability

Many types of accidents involve premises liability, including but not limited to:

Put simply, a person or organization could be subject to premises liability if they were notably negligent in their duties and if that negligence led to someone suffering an injury/accident.

Here are some examples of accidents that are subject to premises liability:

  • A customer enters a restaurant where there is no wet floor sign signaling to the wet area at the time of their entrance. As a result, the customer slips and suffers a hand injury. Here, the business owner will likely be held liable for the injury because they should have had a wet floor sign up to prevent this kind of accident.
  • An apartment landlord knows that a specific stairway is in poor condition. By failing to repair the stairs, the landlord will likely be held liable for damages in the event that a tenant suffers an injury while climbing the faulty stairway.
  • A storefront opens its doors to the general public after a snowstorm. However, the store fails to both clear away the snow and ice in front of its only entrance and put up warning signs for potential customers. Subsequently, a customer approaches the storefront, slips on the ice, and breaks a bone. As a result, the store may be held liable for damages (e.g., medical bills) suffered by that customer.

To learn more about situations that likely would or would not qualify for a premises liability claim, speak with a Schwartzapfel Lawyers premises liability expert by calling 1-800-966-4999 now!

Injuries From Premises Accidents

The injuries from premises accidents can vary heavily. They can include but are not limited to:

  • Broken bones, often received from tripping or slipping and falling
  • Lacerations or cuts, such as from dog bites or from cutting oneself on glass
  • Serious bruising, both external and internal
  • Herniations (e.g., vertebrae)
  • Dislocations (e.g., shoulder, leg, arm)
  • Traumatic brain injury (TBI)
  • Damage to the spine that can lead to paralysis

Regardless of severity, these injuries often lead to significant medical bills. Victims who suffer from injuries due to premises accidents may be able to file premises liability lawsuits against at fault or negligent parties.

Are All Premises Accidents Subject to Premises Liability?

No. Simply experiencing an accident on a business or personal premises owned by another person does not necessarily mean that premises liability applies. For example, if a restaurant employee mops the restaurant’s floors and puts up a wet floor sign properly, they are protecting themselves from premises liability.

Accordingly, in the event that a person deliberately ignores the wet floor sign and still slips and falls, they may not have grounds for a successful lawsuit.

Instead, premises liability lawsuits revolve around proving negligence.

Defining Negligence and Premises Liability

In brief, negligence is a legal term that means:

  • A person or organization had a defined duty either to the public or to another person
  • The first party then ignored their duty, either unintentionally or on purpose
  • Then another party is injured because of the negligence of the first party

For instance, businesses that are open to the public have a stated duty to their patrons and the general public to ensure that their storefronts or business premises are safe. If they fail to keep their business premises safe, they are deliberately negligent.

Another common example of negligence is driving safely. When you get into an automobile, you have a legal duty to drive safely to avoid harming yourself and other people. But if you drive under the influence, for instance, you are ignoring your duty and being deliberately negligent.

Although many premises liability lawsuits can seem cut-and-dried, proving negligence can be trickier than you might expect. That’s one of the main reasons why hiring a knowledgeable premises liability lawyer can be to your benefit.

Premises liability lawyers know how to prove negligence beyond a reasonable doubt and secure compensation for their clients. For your free consultation and case evaluation, call Schwartzapfel Lawyers at 1-800-966-4999 and allow our elite team of premises liability attorneys the honor and privilege of fighting – and winning – for you!

Premises Liability Insurance

Because, in many cases, it’s impossible to fully protect your business or premises, most businesses have premises liability insurance. Premises liability insurance often pays for lawsuits filed against businesses by injured pedestrians, patrons, or other parties.

However, even if an organization or business doesn’t have premises liability insurance, victims may still be able to recover compensation to pay for past and future medical bills and other accident-related expenses.

What To Do After a Premises Accident

In the immediate aftermath of a premises accident, such as a slip and fall or trip and fall, you should:

  • Make sure any injuries are taken care of by medical professionals. Call emergency services if necessary.
  • Contact an experienced legal professional to go over your options. Moreover, at this stage, it is advisable that you do not contact your insurance company just yet, as your lawyer will help you negotiate with the insurance company to ensure you aren’t charged unfairly.

As you can see, calling your lawyer is an essential step after any premises-related accident. If you’re ready to take the first steps, call Schwartzapfel Lawyers for a free case evaluation at 1-800-966-4999.

How Premises Liability Lawyers Help

Premises liability lawyers can help your claim in a number of way. Among them, a good premises liability lawyer will be able to:

  • Gather important evidence that may help to prove negligence on the part of a business, employee, or any other negligent party.
  • Negotiate with your insurance company and the other party’s legal team on your behalf. This could be even more important if you are recovering from your injuries and don’t have the time or energy to do so.
  • Present evidence compellingly to the court. This is more important than you may think, as many premises liability lawsuit results often hinge on presenting evidence in the right way to the judge or jury.

More than anything else, experienced premises liability lawyers will be able to provide sound legal counsel throughout your lawsuit process. Moreover, they will ensure that your premises liability lawsuit is filed on time (or any other lawsuit depending on the case specifics) and will be upfront about your chances of success.

What To Look for in a Premises Liability Lawyer

A skilled premises liability lawyer will:

  • Have an excellent history of successful case verdicts. Our testimonials page is a perfect example. We’ve helped our clients through trip and fall, slip and fall, and other premises-related cases recover millions of dollars over the years. You owe it to yourself: Don’t partner with a legal team that can’t prove they have what it takes.
  • Fight for you no matter what. At Schwartzapfel Lawyers, we treat every new client we partner with as family. No matter the specifics of your case, we won’t stop fighting for a successful case outcome that allows you to recover from your injuries without ruining your finances.
  • Not charge exorbitant fees, upfront or otherwise. We know it can be tough to pay for medical bills before you get compensation for your injuries. That’s why we work on a contingency fee basis. If we don’t win your case, we won’t charge you a dime. That way, you don’t have to worry about getting the legal help you need for your lawsuit to succeed until after you’ve recovered damages from the negligent party or parties.

These factors can ensure that your premises liability lawsuit is both successful and affordable.

Summary

Premises liability lawsuits are tough to prove, even in the best of cases. That’s why you need skilled, knowledgeable legal representatives like Schwartzapfel Lawyers on your side when your case goes to trial. In fact, if you hire us, your case may not even have to go to trial in the first place!

Our experienced lawyers can ensure that you receive the maximum compensation for your injuries and that justice is served. Don’t wait; protect your financial future by starting in the present. Call Schwartzapfel Lawyers at 1-800-966-4999 or contact us online.

Sources:

Schwartzapfel Lawyers, P.C. | Fighting For You 

Negligence | Wex | US Law | LII / Legal Information Institute

What is Premises Liability? | Nolo

Premises Liability Law | Justia

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