Suffering an injury while on someone else’s property can be a demanding experience to go through. By filing a premises liability claim, you may be able to hold the property owner or manager accountable for your injuries and receive much-needed compensation to help you recover.
An Elma premises liability lawyer can help you navigate the New York legal system, which may be unfamiliar to you. Our team of qualified personal injury attorneys has valuable, hands-on experience and can guide you through the process. We will collaborate with you to create a legal plan that fits your goals and priorities and maximizes your chances of having a favorable outcome. Connect with Richmond Vona, LLC today to learn more about your options.
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When Is a Property Owner Liable for Your Injury?
New York property owners must keep their land reasonably safe and warn known occupants of potential dangers. The landowner’s obligations to a particular visitor depend on that visitor’s reason for being on the property. For example, trespassers are owed the least amount of responsibility by owners. Landowners must simply refrain from intentionally causing these individuals harm.
Licensees are people who are on the premises for their own benefit, including social guests. Owners are required to remedy or provide proper warning of any unsafe conditions. Invitees are owed the highest duty of care as they are typically on a property for the owner’s benefit, including patrons at a grocery store or restaurant. In these scenarios, the owner has the added duty of routinely surveying the property for new or unknown hazards in addition to remedying or warning of existing ones.
When property owners fail to meet their obligations, and visitors suffer an injury, the landowner may be legally liable for the resulting damages. An Elma premises liability attorney can help an injured person identify whether the property owner is at fault for their condition and how to hold them responsible.
Statute of Limitations for Premises Liability Claims
There are many ways someone can suffer injuries while on another person’s property. Negligent security may lead to an otherwise avoidable assault. Spills, uneven walkways, or other hazards can lead to slip-and-fall accidents. Injuries that result from these events can range in severity from minor cuts and scrapes to catastrophic harm, such as traumatic brain injuries or spinal cord damage.
While pursuing compensation for these damages is an option for some, an injured person must file a lawsuit against the negligent parties within a certain amount of time after the incident. This time limit is known as the statute of limitations. In New York, this deadline is three years from the accident date. In some cases, injured parties may need to file their claim in a shorter amount of time, including when a municipality owns the property.
When considering this deadline, please remember that filing an insurance claim is not the same as filing a lawsuit. If you file an insurance claim within the three-year deadline but do not file a lawsuit until after three years pass, New York law may prevent you from pursuing legal action against the negligent landowner. An Elma slip-and-fall lawyer at our office can help you understand and meet the applicable deadlines in your case.
Retain the Services of an Elma Premises Liability Lawyer
Premises liability is a subtype of personal injury law that encompasses a complex and nuanced set of regulations that can significantly impact the outcome of a case. Rather than having to sort through these complexities on your own, you can instead rely on an Elma premises liability lawyer to help you understand your legal rights and options.
Our firm understands the frustrations of suffering an injury because of someone else’s errors. We are here to serve you and help bring you and your loved ones closure after a difficult event. Reach out to the team at Richmond Vona, LLC, to speak with a dedicated advocate today.
With over 25 years of combined personal injury experience, our co-founding attorneys, John E. Richmond and Keith R. Vona, have helped injury victims and their family members recover more than $150 million in financial relief.
John E. Richmond
Co-Founding Member
As one of New York’s top personal injury attorneys, John E. Richmond understands that clients come first. With over a decade of experience representing plaintiffs, he knows how to hold negligent corporations and big insurance companies liable.
In his nearly 15 years in practice, Keith has been consistently recognized for his client service and record of results. He has been selected for inclusion in the New York Super Lawyers® Rising Stars list four times (2013 to 2016), an honor reserved for the top up-and-coming attorneys.
