East Meadow Premises Liability Attorney
East Meadow is filled with a wide variety of restaurants and shopping opportunities that help to make the area popular with residents throughout the region. However, one thing these places all have in common is that the owners or managers of East Meadow business establishments—as well as private property owners and agencies managing public properties—must ensure that the property is free from hazards that can injure guests. Failing to do so can lead to liability for expenses arising from the guest’s injuries.
If you have been injured at a commercial, private, or public property, you can seek to recover damages related to the expenses and impacts your injury has caused.
An East Meadow premises liability lawyer at Jacoby & Meyers LLP can help. We’ve helped hundreds of clients who found themselves injured on other people’s properties when owners and renters failed to keep them safe for guests by recovering millions of dollars in compensation. Call now to see if we can help you.
What Is Premises Liability?
Premises liability is an area of the law that pertains to a property owner’s responsibility to keep the property free from hazards that can result in injury to visitors. The duty of care that property owners have for their visitors depends on the type of visitor.
There are four types of visitors:
- Invitee: An invitee is a person who was invited by the property owner to be on the property for commercial or business reasons. This invitation may be directly expressed, such as a cable repairman being asked to go to a private residence to provide service. It may also be implied, such as a store opening its doors for the day. While customers did not necessarily receive a direct invitation to come to the store, the business’ opening of the store during store hours is an implied invitation for customers to come inside. The duty of care owed to this type of guest is generally the highest, requiring regular inspection of the property to immediately mitigate any unsafe conditions, and either immediate mitigation measures or warning signs prominently placed near the hazard.
- Licensee: A licensee is someone who is invited to a property for a reason other than business. This category generally involves social guests who have been invited to a private, commercial, or public property either by express invitation of the owner/manager of the property. Also falling in this category are individuals who were not invited to the property but who were permitted by an owner or manager who knew that they were there and did not ask them to leave. The duty of care owed to a licensee would be to promptly repair any known hazards or to properly warn guests of the hazard.
- Trespasser: A trespasser is an uninvited and unwanted guest on the property. Property owners owe very little duty of care to trespassers and are only required to avoid setting traps that could injure the trespasser.
- Child trespasser: Child trespassers are not like adult trespassers, and are not treated the same way legally. The natural curiosity of children, combined with a lack of understanding of the consequences of trespassing, places the responsibility for protecting children who might wander onto a property and into a hazardous situation back into the hands of the property owner. In New York, property owners owe a special duty of care to ensure that unsafe features such as swimming pools or old appliances or cars are not accessible or visible to children passing by.
What To Do After a Premises Liability accident in East Meadow?
A premises liability accident can cause serious injuries, from spinal cord injuries to broken bones. Sometimes, accident victims don’t know the full extent of their injuries in the immediate aftermath of the accident.
If you have had a premises liability accident in East Meadow, the steps you take immediately after the accident can go a long way toward protecting you in the future.
Report the accident. Sometimes, a premises liability accident will immediately attract the attention of a property owner or their employees. Other times, you or someone else may need to notify the property owner about the incident. If you can, file a report with an employee so that the property owner has the incident on record. Make sure to also keep your own notes about where and when you were injured.
Prioritize seeking medical care. If you have obvious, serious injuries, you may have little choice about seeking immediate medical care.
On the other hand, some injuries may not be immediately obvious. A traumatic brain injury, for example, might just leave you feeling a little dazed after an accident. Back and neck injuries don’t always show up immediately, either, because adrenaline can conceal the initial pain. Get checked out by a medical professional as soon as possible, whether you visit Nassau University Medical Center or an urgent care center, such as AFC Urgent Care Center or CityMD East Meadow Urgent Care. East Meadow offers numerous urgent care options, where a doctor can evaluate you for any serious injuries.
An evaluation of your injuries serves two vital purposes. First, you will receive treatment for your injuries right away. Second, it establishes a record of exactly when your accident took place.
Collect evidence (if you can). Make medical care your top priority after any type of accident. Do not move around the scene if you cannot do so safely, especially if you feel it may worsen your injuries. If you can safely do so, take photographs and write down witness contact information to make it easier to build your claim later.
Contact an experienced premises liability attorney. After an accident, contact an experienced East Meadow premises liability attorney as soon as possible. An East Meadow premises liability attorney can walk you through your right to seek compensation and help investigate your claim.
Types of Premises Liability
There are many different types of premises liability claims. Listed below are some of the most common types experienced in East Meadow.
Slip/Trip and Fall
Slip and fall or trip and fall are the most common of premises liability claims and involve an injury to a person who has slipped or tripped and fallen due to a dangerous property condition. While any type of injury can be caused by a slip/trip and fall accident, the National Floor Safety Institute reports that bone fractures are the most common injury and occur in approximately 5 percent of all slip/trip and fall incidents. Hip fractures are of particular concern for older individuals as this type of injury is likely to have serious complications and could even lead to death.
Slip/trip and fall accidents can be caused by conditions such as:
- Obstacles in the walkway.
- Water, snow, or debris on the floor.
- Poor lighting, particularly in stairwells.
- Improperly designed or poorly maintained stairways.
- Broken or missing handrails.
- Icy pathways.
- Broken sidewalks.
- Potholes in parking lots.
Negligent Security
Hazardous features are not the only thing that property owners are liable for protecting their guests from. Owners and managers are also required to make an effort to prevent their guests from falling victim to crime on the property as well.
Some of the measures that owners can take to ensure the security of their guests from crime include:
- Placing locks and security alarms on the doors and windows of apartment units or hotel rooms.
- Providing security cameras inside the property as well as in the parking lot.
- Providing a security patrol of parking lots or security guards for the premises.
- Passing regulations to prevent bullying and assault on school campuses.
Elevator/ Escalator Accidents
Elevators and escalators are common property features, both in commercial residences such as apartments or hotels, as well as department stores and other businesses. On average, elevators and escalators cause about 27 deaths in the U.S. each year.
Some of the common accidents caused by these features include:
- Individuals being struck by a closing elevator door.
- Elevators that have fallen out of level, meaning the elevator does not line up with the floor, causing an individual to trip when attempting to exit the elevator.
- Individuals becoming injured while attempting to climb out of a stalled elevator.
- Individuals getting injured when their clothing becomes entangled in the elevator door or the escalator belt.
- Individuals injured by a fall from an escalator.
Swimming Pool Accidents
Each day in the U.S. approximately ten people die of unintentional drowning. While many of these drownings occurred in natural waterways, such as lakes, others occurred as a result of swimming pool accidents. The owners or managers of private or public swimming pools are not responsible for every drowning that occurs, but they are responsible for taking measures to avoid drownings, including fencing the pool to prevent others—particularly children—from accessing it and placing prominent warning signs that note that there is no lifeguard on duty.
Drowning is not the only hazard that swimming pool owners must protect their guests from. Additional hazards include injuries incurred from defective or poorly maintained filters or drains, as well as injuries incurred from slippery surfaces on the edge of the pool.
Dog Bites
New York’s dog bites laws are a hybrid of strict liability and one-bite rule. In cases where a dog has already been determined to be a dangerous dog by the state’s definition, the owner is strictly liable for the expenses incurred to anyone injured by the dog. If the dog is not considered dangerous but bites someone, the claimant will have to prove that the dog’s owner knew or reasonably should have known about the dog’s aggressive tendencies.
In New York, a dangerous dog is one that has previously attacked or killed a person, companion animal, domestic animal, or farm animal without justification or who has behaved in a manner that would cause a reasonable person to believe there was an imminent threat of injury or death.
Amusement Park Accidents
Each year, thousands of people are injured on amusement park rides. While many of these injuries are attributed to risks that the rider willingly assumed, others are the result of defective or poorly maintained rides. Among the injuries most commonly suffered are neck and head injuries, facial lacerations, knee injuries, and injuries to the upper and lower trunk.
Other Premises Liability Cases
While the above are some of the most common types of premises liability accidents, owners and managers have the responsibility to mitigate other property hazards to keep their visitors safe.
Others include:
- Fires resulting from lack of maintenance or clutter and debris collected around ignition sources.
- Flooding resulting from faulty pipes or other issues that the property owner knew or reasonably should have known about. Many of the injuries caused by flooding are the result of mold exposure.
- Exposure to toxic fumes or chemicals present on the property that the owner knew about and failed to address.
Filing a Premises Liability Claim in East Meadow
If you were injured due to a dangerous property condition, you can seek recovery of damages related to the expenses and impacts you have faced as a result of your injury. A premises liability lawsuit is a legal claim filed in civil court that seeks to prove liability for the accident and prove the damages that the claimant experienced. New York allows the recovery of both economic and non-economic damages in this type of case.
Economic damages refer to out-of-pocket expenses incurred by the claimant, such as:
- Medical expenses
- Lost wages, if you are too injured to work or must miss work to attend an injury-related medical appointment.
- Loss of future earning capacity, if your injury results in a permanent disability and you can’t work.
- The cost of hiring someone to perform household services that you can’t do for yourself because of your injury.
Non-economic damages refer to the impacts that your injury has had on your life, such as:
- Physical pain and emotional suffering.
- Emotional distress.
- Loss of the enjoyment of life.
Proving Liability
As previously stated, if you file a premises liability claim, you will be required to show how the defendant in your case was liable for your injuries. This is done by establishing the following elements:
- You were legally on the property. You must show that you were either invited to the property to do business or as a social guest. If you were trespassing on the property, you must show that the property owner knew you were there and had not asked you to leave.
- The property owner or manager was negligent in that there was a hazardous condition that he or she knew about or reasonably should have known about and he or she failed to provide you with adequate warning of this condition or to repair the condition.
- The property owner or manager’s negligence caused you to become injured by the hazardous condition.
Determining the Value of Your Case
The value of your case is how much you might recover in damages. This value is calculated by:
- Adding up all of the economic damages.
- Prescribing a value to non-economic damages, such as pain, suffering, or other hardship.
- Adding your total economic damages and your total non-economic damages to arrive at a value to your case.
Certain factors can impact the value of your case, including the amount of insurance the at-fault party has, as insurance is how most premises liability claims are paid.
Negotiating a Settlement
The vast majority of premises liability cases are settled out of the courtroom. This, however, can take some time. Insurance companies do not like to payout high amounts for injuries caused by their insured. However, they like even less the prospect of paying for expensive litigation and potentially an award to the defendant as well. This is why the defense generally makes the best settlement offer either just before trial begins or right before a jury renders judgment.
Litigation
Instead of a fair settlement offer, viable cases will sometimes proceed to litigation. This includes the delivery of opening and closing remarks, the presentation of evidence, and the examination of witnesses. Typically, a jury and/or judge deliver the outcome of the case.
East Meadow Premises Liability FAQs
Property owners are responsible for keeping their property safe for visitors. If you were injured while you were legally present on someone else’s property, you may have grounds for a premises liability claim. The FAQ below can help you better understand how to pursue a claim for compensation for your injuries.
If you have specific questions about your individual claim, contact the experienced premises liability attorneys at Jacoby & Meyers, LLP today to learn more.
2. Who has to pay my medical bills after a premises liability accident?
If you are the victim of a premises liability accident, you can seek reimbursement for your medical expenses from the owner of the property where you were injured. However, you will likely need to pay for those medical expenses upfront. It’s important to understand that premises liability claims are not always successful and that you may ultimately be responsible for those expenses. That said, some options can help you cover the cost of your medical treatment while you pursue a premises liability claim.
First, your medical insurance may cover a large percentage of your medical costs. Contact your medical insurance provider to get a better idea of what coverage you have for various types of treatments recommended by your doctor. Some insurance plans cover not only initial treatments, but also the cost of physical and occupational therapy, in-home care, and stays in long-term care facilities.
If you cannot pay your medical bills without a premises liability settlement, your attorney can issue a letter of protection requesting that your care provider delay payment collection until you settle your claim.
3. Do I need a lawyer to help settle an East Meadow premises liability claim?
Many people are tempted to pursue their premises liability claim on their own. Hiring an attorney sounds expensive.
In reality, however, an attorney brings experience dealing with premises liability accidents that can make a big difference, which can substantially increase the amount of compensation an accident victim ultimately receives for their injuries.
An attorney can investigate all of the elements of your claim. To establish a right to file a claim after a premises liability accident in East Meadow, accident victims must start by establishing that the other party was legally at fault for causing the accident. Sometimes, a thorough investigation is necessary to determine what happened, who was involved, and who was at fault.
Suppose, for example, that a person tripped and fell because of a cord lying across the walkway at a hotel. They may assume that the hotel was at fault. However, upon further investigation, their attorney might uncover the fact that a third-party contractor laid that cord out, which could mean that the contractor actually caused the damages they suffered in the accident, rather than the hotel.
An attorney’s investigation might also reveal information about prior similar accidents. For example, a hotel might try to claim that it had no previous knowledge about a swimming pool danger that led to a pool accident. However, further investigation might uncover that other children suffered similar accidents in the past, which indicates that the hotel knew or should have known about the danger. This kind of information about similar prior incidents can strengthen an accident victim’s claim.
While accident victims can attempt to investigate the situation on their own, an experienced attorney knows where to look and what questions to ask to uncover vital information about a premises liability accident.
An attorney can help you calculate the compensation you deserve. In general, a premises liability accident victim can seek reimbursement for accident-related medical expenses and lost wages, as well as compensation for pain and suffering related to the accident. However, it’s not always easy to calculate how much this adds up to in any specific case, particularly if the accident victim will continue to need accident-related medical care or may continue to miss work in the future.
Worse, insurance companies often pressure premises liability accident victims to accept a quick settlement before they fully understand their prognosis and how long their recovery will take after the accident.
An attorney can help you calculate the compensation you really deserve after an accident, which can prevent you from inadvertently accepting a low settlement offer that does not cover all of your accident-related expenses and losses.
An attorney can take over dealing with the insurance company on your behalf. Dealing with an insurance company after a serious accident can cause a great deal of stress. An attorney can take over communicating with the insurance company for you, which can reduce your overall stress and make it easier for you to focus on your recovery. Just hiring a lawyer may make the insurance company more agreeable and increase the odds that you will receive the full compensation you deserve.
An attorney can craft a compelling argument related to your claim and the compensation you really deserve. Sometimes, the compensation an accident victim ultimately receives for their premises liability accident depends on how they frame their argument for compensation. An experienced premises liability attorney knows how to present evidence about the accident in just the right way. Having an attorney’s help with this can often significantly increase the compensation an accident victim receives for their premises liability injuries.
4. How much does it cost to hire an attorney?
At Jacoby & Meyers, LLP, we offer free consultations to East Meadow premises liability victims. During that consultation, we let potential clients know if we believe they have legal grounds for a claim and how much compensation we think they can expect to collect based on the circumstances of their case.
If someone decides they would like us to represent them, we often take their case on a contingent fee basis. This means that they do not have to worry about paying for legal assistance upfront. For many premises liability accident victims, this contingent fee arrangement can make it much easier to pursue their claim with professional help.
5. If I suffered injuries as the victim of a crime, can I file a claim against the business where the crime happened?
In general, businesses must provide reasonable security for individuals who are legally on their property, both inside and outside the building. However, if a business took steps to provide security for its customers, such as hiring security guards and providing security cameras, the business may have met its duty of care to the victim. Contact an attorney to discuss the specific circumstances of your case to understand whether you may have a viable premises liability claim.
6. Can I file an East Meadow premises liability claim if I suffered an injury on private property?
Like business owners, homeowners usually carry insurance that will cover an accident victim’s medical expenses if they are injured on the homeowner’s property. You can file a premises liability claim after suffering an injury on private property if your injury was caused by the homeowner’s negligence, including failure to inform you of potential dangers on the property. To file a claim, however, you may need to show that you had the legal right to enter the property: people caught trespassing may not have the right to file a premises liability claim. Contact an attorney to learn more about your right to seek compensation against a homeowner.
Some homeowners may be reluctant to file a premises liability claim through their insurance. They may fear that their premiums will go up or that they will lose their insurance. You must keep in mind, however, that if you have suffered serious injuries, you may need the compensation the insurance company can provide, and the homeowner will need to accept liability for your injury.
7. Can I file an East Meadow premises liability claim if I suffered an injury on government property?
Injury victims can file a premises liability claim if they suffered an injury due to government negligence, such as a slip and fall accident on a public sidewalk or a premises liability accident in a government building. However, there are often extremely short time limits within which a person can file a claim against the government after an accident. Governments are also more protected than private property owners under the law, making filing a claim against the government particularly challenging.
If you suffered a serious accident on government property, contact an experienced premises liability attorney as soon as possible to learn about how to file a claim against the appropriate government entity.
8. How long does it take to file a premises liability claim in East Meadow?
Premises Liability Lawyer, Andrew Finkelstein
Numerous factors can contribute to how long it will take to settle your claim, including:
- How long it takes you and your medical team to understand the full extent of your eventual limitations.
- How long it takes your attorney to investigate your accident.
- How long it takes to negotiate a reasonable settlement with the other side.
- Whether you have to go to court to reach a final resolution.
Consult an attorney to learn more about the potential timeline for your premises liability claim.
Injured by a Dangerous Property Condition in East Meadow? Jacoby & Meyers, LLP, Can Help.
If you were injured by a dangerous property condition in East Meadow, the experienced personal injury lawyers at Jacoby & Meyers, LLP can help you understand the legal options that are available to you. Contact us for a free case evaluation by calling (877) 565-2993, filling out our online contact form, or opening a chat with our live representatives.
East Meadow Office
90 Merrick Avenue, Suite 601
East Meadow, NY 11554
(877) 565-2993
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