What Damages Can You Claim in a Premises Liability Lawsuit?

NTZ Editor

You’re visiting your mother at her building in the Bronx, and you trip over a slab of uneven concrete on the pathway to the door…what happens now? What about if you slip on a newly-mopped floor in a retail store because you didn’t see a ‘wet floor’ sign posted? Imagine another scenario: You’re an apartment tenant and you have a fall accident when the railing along the stairs gives way–what do you do then?

You just might have the right to file a premises liability lawsuit.

What is a Premises Liability Lawsuit?

Premises liability cases are lawsuits brought against a property owner, manager, or other authorized persons when you are injured on someone’s property because of negligence. If you are on the property legally (for example if you were invited, you live there, or you work there) and are not trespassing, and you have an accident caused by a hazardous or dangerous conditions on that property, you may be eligible to file a premises liability claim against the property owner.

Proving negligence can be tricky, but an experienced premises liability lawyer will help you each step of the way. But does filing a claim against the property owner really help? And if you win your premises liability case against the property owner, what can you expect?

What is a Premises Liability Accident?

When you are on someone else’s property, you have the reasonable belief that you will be safe there. That isn’t always the case. The property owner may not maintain the property as required by law, and in those cases accidents can happen and people may be injured.

Common types of premises liability accidents include: Slip and fall accidents, inadequate security, falling into an unsecured swimming pool, being bitten by an unsecured pet, trip and fall accidents, or exposure to hazardous conditions. If you can prove that the property owner knew about the unsafe condition and/or the lack of a safe environment and failed to warn visitors, you can seek compensation through a personal injury claim/premises liability injury claim.

What Damages Can you Receive for Premises Liability Claims?

You may wonder, “if I get injured through no fault of my own on someone else’s property, what can I expect in monetary compensation?” This is a critical question and depends on numerous factors — if you have a case at all. Injuries, medical expenses, and lost wages add up quickly for negligence victims; it is imperative that you speak to a qualified personal injury attorney who has handled premises liability cases in the past.

Yes, you can get a payout through the insurance company, but many times that isn’t enough. You deserve to recover compensation that will allow you to heal and thrive after your accident. But what types of damages can you receive from your premises liability claims?

Medical Expenses/Bills

Dangerous conditions lead to accidents, and serious injury can occur. Those injuries need medical treatment, but that isn’t cheap. Thankfully, one of the damages covered in a premises liability lawsuit or settlement is medical bills. When you recover damages from the owner of the unsafe property, you can use that money to pay for immediate medical treatment, bills accrued because of the serious injury, and any future treatment.

Damaged Property

In the case of damaged property, like a car accident caused by a poorly maintained parking lot, you have the right to seek compensation to cover the costs of repairs of the property (your vehicle) or complete replacement of the property that was damaged.

Loss of Income/Lost Earnings

If your injury is so severe that you cannot work, you can seek damages covering the wages you lose from not working.

Diminished Future Income/Earnings

If the injury requires long-term treatment, or the injury has dramatically diminished your ability to earn a living, you are allowed to seek damages to cover any future lost income directly caused by the premises liability accident.

Pain and Suffering/Emotional Distress

Injuries cause more than physical pain; though physical pain can be substantial, injuries may also cause emotional distress–and you should be given restitution for that from the person held liable for your pain and suffering.

How do I File a Premises Liability Claim?

Your first step is calling for a free consultation with a New York City premises liability attorney. Experienced premises liability attorneys will help explain liability law, what you can expect during your premises liability case, and assistance in gathering the information to prove that the property owners are fully or partly responsible for your injuries. A premises liability claim is complex and requires extensive knowledge in applicable laws and statutes. Because the laws differ from city to state and beyond, a lawyer is an essential part of the claims picture.

In order to do all that, however, you must be able to prove the defendant’s negligence or the property occupier’s failure to provide a safe environment or keep the property safe. Experienced premises liability lawyers will help you gather the documentation needed (medical reports, law enforcement incident reports, photos, witness statements, written complaints, etc…) to prove the property owners are at fault for the unsafe conditions. Premises liability attorneys work directly with insurance companies, law enforcement officials, and property owners to secure your rights to financial compensation. Your attorney will also provide legal advice and guidance as your case works its way through the court system.

Once your case is won, you, as the injured person, are entitled to compensation, and you can focus on getting your life back on track. If you are injured through no fault of your own, seek medical attention immediately. Once your injuries have been stabilized, place a call to a personal injury attorney to learn the facts about a premises liability claim and what it takes to be successful in your claim.

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