New York Premises Liability Lawyer

At Kelner & Kelner, we understand the complexities of premises liability cases in New York City. Our team of dedicated premises liability lawyers are committed to helping individuals who have suffered injuries due to unsafe property conditions. With years of experience in handling premises liability claims, we strive to provide comprehensive legal representation to those seeking justice and fair compensation.

Free Consultation- Act Now

Injured in NYC? Contact Kelner and Kelner today at (212) 235-1027 or through our website.

Why Choose Kelner & Kelner for Your Premises Liability Case?

• Our legal team comprises 10 dedicated New York premises liability lawyers with an impressive 75 years of actual practice, not just combined experience.
• We have a legacy spanning three generations since 1950, blending time-honored wisdom with cutting-edge legal strategies specifically tailored for premises liability cases.
• Our firm has successfully handled thousands of premises liability cases, resulting in billions in settlements for our injured clients.
• Kelner & Kelner, premises liability attorneys, have been consistently recognized for excellence with decades of Top Super Lawyers awards in the field of premises liability law.
• We offer a personalized approach: Unlike high-volume firms, we assign a dedicated New York premises liability lawyer to handle your case from start to finish personally.
• Our commitment to quality over quantity means we maintain a focused caseload, investing the necessary time, resources, and energy into each unique premises liability case.
• We operate on a "Pay Nothing Unless You Win" basis, ensuring our premises liability legal services are accessible to all who need them.
• Our reputation in New York's legal community is unparalleled: fellow New York premises liability lawyers regularly entrust us with their most valued clients through referrals.
• We are conveniently located in the heart of New York City at 7 World Trade Center, making us easily accessible for premises liability victims across the metropolitan area.

Financial Compensation Available in Premises Liability Cases

If you've been injured due to unsafe property conditions, you may be entitled to various forms of compensation. As experienced New York City premises liability lawyers, we at Kelner & Kelner can help you pursue damages for:

• Medical expenses (past and future)
• Lost wages and loss of earning capacity
• Pain and suffering
• Emotional distress
• Rehabilitation costs
• Property damage
• Loss of enjoyment of life

The specific damages available in your case will depend on the nature and severity of your injuries and the impact on your daily life and future prospects.

Understanding Premises Liability in New York City

Premises liability is a legal concept that holds property owners and occupiers responsible for maintaining safe conditions on their premises. In New York City, where millions of people traverse countless properties daily, the importance of premises liability law cannot be overstated.

As a New York City premises liability lawyer, we at Kelner & Kelner have seen firsthand how accidents on unsafe properties can lead to severe injuries and significant financial burdens. We aim to help victims navigate the legal process and secure the compensation they deserve.

How a NYC Premises Liability Lawyer Can Help

At Kelner & Kelner, our role as your New York City premises liability lawyer extends beyond simple legal representation. We provide comprehensive support throughout your case, leveraging our extensive experience and resources to protect your rights and pursue the compensation you deserve.

Thorough Case Evaluation

When you first reach out to us, we begin with a detailed evaluation of your case. This involves listening carefully to your account of the incident, reviewing any documentation you have, and assessing your claim's potential strengths and challenges. Our premises liability attorneys use this initial evaluation to provide you with a clear understanding of your legal options and the potential outcomes of your case.

In-Depth Investigation

A crucial aspect of any premises liability case is gathering evidence. As your dedicated New York City premises liability lawyer, we thoroughly investigate the accident scene. This may involve photographing the area, obtaining surveillance footage, reviewing maintenance records, and identifying potential witnesses. Our team diligently collects and preserves all relevant evidence supporting your claim.

Identifying Liable Parties

Premises liability cases can often involve multiple responsible parties. Our experienced attorneys carefully analyze the circumstances of your accident to identify all potentially liable entities. This might include property owners, management companies, maintenance contractors, or government entities. By casting a wide net, we ensure that all avenues for compensation are explored.

Damage Assessment

Understanding the full extent of your damages is crucial for securing fair compensation. Our premises liability attorneys work closely with medical professionals, economic experts, and life care planners to assess your injuries' current and future impacts. This comprehensive approach allows us to pursue compensation that reflects the full scope of your losses, including medical expenses, lost wages, pain and suffering, and any long-term care needs.

Skilled Negotiation

Many premises liability cases are resolved through negotiations with insurance companies or defense attorneys. As your New York City premises liability lawyer, we bring our negotiation skills and experience. We understand the tactics used by insurance companies to minimize payouts, and we're prepared to counter these strategies effectively. We aim to secure a fair settlement that adequately compensates you for your injuries and losses without requiring a lengthy trial.

Litigation Preparation and Representation

While many cases settle out of court, we prepare every case as if it will go to trial. This approach ensures we're always ready to advocate for you in the courtroom if necessary. Our premises liability attorneys have extensive trial experience and are comfortable presenting complex cases to judges and juries. We handle all aspects of the litigation process, from filing the lawsuit to presenting evidence and arguments in court.

Navigating Legal Complexities

Premises liability law in New York City can be complex, with various statutes, regulations, and case law affecting the outcome of your claim. As your dedicated legal team, we navigate these complexities on your behalf. We stay up-to-date on changes in the law and leverage our deep understanding of local regulations to build the strongest possible case for you.

Clear Communication and Support

Throughout your case, we prioritize clear, consistent communication. Your New York City premises liability lawyer will keep you informed about the progress of your case, explain legal concepts in easy-to-understand terms, and promptly address any questions or concerns you may have. We believe an informed client is an empowered client, and we're committed to guiding you through every step of the legal process.

Maximizing Your Compensation

Our ultimate goal as your premises liability attorney is to maximize the compensation you receive. We consider all potential areas of recovery, including economic damages like medical bills and lost wages, as well as non-economic damages such as pain and suffering and loss of enjoyment of life. Our comprehensive approach ensures that no stone is left unturned in pursuing the full compensation you deserve.

Handling Insurance Companies

Dealing with insurance companies can be overwhelming, especially when recovering from an injury. As your legal advocates, we handle all communications with insurance adjusters on your behalf. We're familiar with insurance companies' tactics to minimize payouts, and we work tirelessly to counter these strategies and protect your interests.

Ensuring Compliance with Legal Deadlines

Premises liability cases in New York are subject to strict deadlines, known as statutes of limitations. Missing these deadlines can result in losing your right to seek compensation. As your New York City premises liability lawyer, we ensure that all necessary documents are filed on time and that your case progresses in compliance with all legal requirements.

Common Types of Premises Liability Cases

As New York City premises liability lawyers, we at Kelner & Kelner have handled various cases involving injuries on various properties. Understanding these common scenarios can help property owners maintain safer environments and assist injured individuals in recognizing when they may have a valid claim. Let's explore some of the most frequent types of premises liability cases we encounter:

Slip and Fall Accidents

Slip and fall incidents are among the most common premises liability cases. These can occur due to:

• Wet or slippery floors
• Uneven surfaces
• Poorly maintained sidewalks
• Spills in retail stores or restaurants
• Inadequate lighting in stairwells or hallways

Our slip and fall lawyer team has successfully represented numerous clients who have suffered injuries from slip and fall accidents in locations ranging from grocery stores to office buildings.

Trip and Fall Incidents

Similar to slip and fall cases, trip and fall accidents often result from:

• Uneven flooring or carpeting
• Unmarked steps or elevation changes
• Cluttered walkways
• Potholes in parking lots
• Exposed cables or wires

As your New York City trip and fall lawyer, we investigate these cases thoroughly to determine liability and secure fair compensation for our clients.

Inadequate Security

Property owners have a responsibility to provide reasonable security measures. Cases involving inadequate security may include:

• Assaults or robberies in poorly lit areas
• Break-ins due to faulty locks or security systems
• Attacks in parking garages without proper surveillance
• Incidents in apartment buildings without controlled access

These cases often involve complex liability issues, which our premises liability attorneys are well-equipped to navigate.

Elevator and Escalator Accidents

Unfortunately, elevator and escalator accidents are common in a city with countless high-rise buildings. These may involve:

• Sudden stops or drops in elevators
• Malfunctioning elevator doors
• Escalator entrapment
• Improper maintenance leads to mechanical failures

Our Elevator and Escalator accident lawyer team works with engineering experts to establish liability in these technical cases.

Staircase Accidents

Poorly maintained staircases can lead to severe injuries. Common issues include:

• Broken or missing handrails
• Uneven steps
• Worn or slippery treads
• Inadequate lighting
• Building code violations

As experienced premises liability attorneys, we're familiar with local building codes and can identify when violations have contributed to an accident.

Swimming Pool Accidents

Swimming pool accidents can result in severe injuries or even fatalities. These cases often involve:

• Lack of proper fencing or barriers
• Absence of lifeguards or inadequate supervision
• Slippery surfaces around the pool area
• Defective pool equipment
• Inadequate warning signs

Our New York City premises liability lawyers are well-versed in the specific regulations governing pool safety.

Fire Hazards and Electrical Accidents

Property owners must ensure their premises are free from fire and electrical hazards. Cases in this category may include:

• Faulty wiring leading to electrocution
• Lack of fire alarms or sprinkler systems
• Blocked fire exits
• Failure to adhere to fire safety codes

We work closely with fire safety experts to build strong cases for our clients in these situations.

Toxic Exposure

Exposure to harmful substances on a property can lead to serious health issues. Examples include:

• Asbestos exposure in older buildings
• Lead paint poisoning
• Carbon monoxide leaks
• Exposure to toxic mold

These cases often require extensive medical documentation and expert testimony, which our team is adept at procuring and presenting.

Falling Objects or Debris

In a city full of construction and high-rise buildings, falling object accidents are a real concern. These may involve:

• Construction site debris
• Improperly secured items on balconies or terraces
• Falling merchandise in retail stores
• Ice or snow falling from buildings

Our premises liability attorneys have experience in determining liability in these often complex scenarios.

Snow and Ice Accidents

New York's winter weather brings additional hazards. Snow and ice-related cases often involve:

• Failure to clear snow and ice from sidewalks
• Inadequate salting or sanding of walkways
• Ice accumulation due to poor drainage
• Snow or ice falling from buildings

We're well-versed in New York's specific snow and ice removal laws, which play a crucial role in these cases.

Amusement Park and Recreational Facility Accidents

While less common, these cases can involve severe injuries. They may include:

• Malfunctioning rides or equipment
• Inadequate safety restraints
• Lack of proper signage or warnings
• Poorly maintained facilities

Our team has the resources to investigate these complex cases thoroughly.

Retail Store Accidents

Beyond slip and falls, retail environments can present various hazards:

• Falling merchandise from high shelves
• Overcrowded aisles leading to trip hazards
• Malfunctioning automatic doors
• Shopping cart injuries

As your New York City premises liability lawyer, we understand the unique aspects of retail environment cases.

Navigating New York's Premises Liability Laws

New York law requires property owners to maintain their premises reasonably safely. However, proving liability in these cases can be complex. As experienced premises liability attorneys, we at Kelner & Kelner are well-versed in the nuances of New York's legal framework.

Key Elements of a Premises Liability Claim

To successfully pursue a premises liability claim in New York City, several elements must be established:

• The defendant owned, occupied, or controlled the property
• The defendant was negligent in maintaining the property
• The plaintiff suffered an injury
• The defendant's negligence was a substantial factor in causing the injury

Our team of New York City premises liability lawyers works diligently to gather evidence supporting each of these elements, building a strong case on your behalf.

Comparative Negligence in New York

New York follows a "pure comparative negligence" rule, which means that even if you were partially at fault for your accident, you may still be able to recover damages. However, your compensation will be reduced by your percentage of fault.

As your premises liability attorney, we at Kelner & Kelner will work to minimize any allegations of comparative negligence and maximize your potential recovery.

The Importance of Timely Action in Premises Liability Cases

In New York, there are strict time limits for filing premises liability claims, known as statutes of limitations. Generally, you have three years from the accident date to file a lawsuit. However, this timeframe can be shorter in certain circumstances, such as cases involving government entities.

As your New York City premises liability lawyer, we emphasize the importance of seeking legal counsel as soon as possible after an accident. Prompt action allows us to:

• Preserve critical evidence
• Interview witnesses while memories are fresh
• Ensure compliance with all legal deadlines
• Protect your rights throughout the claims process

Why Choose Kelner & Kelner as Your New York City Premises Liability Lawyer

When you select Kelner & Kelner to represent you in your premises liability case, you're choosing a firm with:

• Extensive experience: Our premises liability attorneys have a deep understanding of New York premises liability law and a proven track record of success in handling these cases.
• Dedicated representation: We are committed to providing personalized attention to each client, ensuring that your unique needs and concerns are addressed throughout the legal process.
• Resources and network: Our firm has access to a wide range of resources and a network of professionals, including accident reconstruction experts, medical professionals, and investigators, to strengthen your case.
• Reputation for excellence: We have earned a strong reputation in the New York legal community for our professionalism, integrity, and commitment to our clients' best interests.
• Results-oriented approach: Our focus is on achieving the best possible outcome for you, whether through negotiation or litigation.

Contact Kelner & Kelner Today

If you or a loved one has been injured due to unsafe property conditions in New York City, don't hesitate to reach out to Kelner & Kelner. As experienced New York City premises liability lawyers, we are ready to evaluate your case and help you understand your legal options.

Free Consultation- Act Now

Injured in NYC? Contact Kelner and Kelner today at (212) 235-1027 or through our website.

NYC Premises Liability Lawyer FAQs

At Kelner & Kelner, we understand that premises liability cases can raise many questions. Here are answers to some frequently asked questions that address unique aspects of premises liability law in New York City:

How does New York City's "Sidewalk Law" affect premises liability cases?

New York City's Administrative Code Section 7-210, often referred to as the "Sidewalk Law," shifts the responsibility for maintaining sidewalks from the city to adjacent property owners in many cases. This law applies to commercial properties and residential properties with four or more units. As your New York City premises liability lawyer, we can help determine liability in sidewalk accident cases, which can be complex due to this local regulation.

What is the "storm in progress" doctrine, and how does it affect slip and fall cases?

The "storm in progress" doctrine in New York provides that property owners have a reasonable time to address snow and ice conditions after the end of a storm. If you slip and fall during an ongoing storm or immediately after, holding the property owner liable may be more challenging. However, there are exceptions, and as your premises liability attorney, we can evaluate how this doctrine might apply to your specific case.

Can I pursue a premises liability claim against my landlord for injuries in my rented apartment?

Yes, in certain circumstances. While tenants are generally responsible for maintaining their living space, landlords can be held liable for injuries resulting from:

• Violations of the New York City Housing Maintenance Code
• Structural defects
• Common areas (such as hallways or stairwells)
• Known hazards that the landlord failed to address

Our New York City premises liability lawyers can help you understand your rights as a tenant and pursue claims against negligent landlords.

How do premises liability cases work for injuries in city parks or on public property?

Claims against the city or state government entities in New York have special requirements:

• A Notice of Claim must be filed within 90 days of the incident
• The statute of limitations is typically shorter (1 year and 90 days for most cases)
• There may be specific maintenance standards that apply to public spaces

As your premises liability attorney, we can guide you through these unique procedures and requirements.

What is an "open and obvious" hazard, and how does it affect my case?

An "open and obvious" hazard is a dangerous condition that should be apparent to a reasonable person using ordinary perception. While property owners generally don't have a duty to warn about these hazards, they may still have a duty to remedy them. The interpretation of what constitutes an "open and obvious" hazard can be nuanced, and our New York City premises liability lawyers can help argue your case effectively.

How does premises liability apply to injuries at concerts or sporting events?

Venues hosting large events have a duty to provide a reasonably safe environment for attendees. This includes:

• Proper crowd control measures
• Adequate security
• Well-maintained facilities
• Clear emergency exits

However, attendees may be considered to have "assumed" certain risks. Our premises liability attorneys can help determine if the venue failed in its duty of care in your specific situation.

What is the significance of "actual" versus "constructive" notice in premises liability cases?

• Actual notice means the property owner knew about the hazardous condition
• Constructive notice means the owner should have known about the condition

Proving notice is crucial in premises liability cases. As your New York City premises liability lawyer, we use various strategies to establish notice, such as obtaining surveillance footage, maintenance records, or witness statements.

How does premises liability apply to injuries caused by criminal acts of third parties?

Property owners may be held liable for criminal acts of third parties if:

• The criminal act was foreseeable
• The property owner failed to take reasonable security measures

This often applies to cases involving inadequate security in apartment buildings, parking garages, or commercial establishments. Our premises liability attorneys can help establish the property owner's duty to provide adequate security based on the specific circumstances.

What is a "recurring dangerous condition" in premises liability law?

A recurring dangerous condition is a hazard that regularly reoccurs after being addressed. For example, a chronic leak that causes a slippery floor. In these cases, temporary fixes may not be sufficient, and the property owner may be required to address the root cause. As your New York City premises liability lawyer, we can help establish a pattern of negligence in such cases.

How do premises liability laws apply to children who are injured on someone else's property?

New York recognizes the "attractive nuisance" doctrine, which holds property owners responsible for child injuries caused by artificial conditions on their land, even if the child was trespassing. This often applies to unfenced swimming pools, abandoned appliances, or construction sites. Our premises liability attorneys can explain how this doctrine might apply to your child's case.

At Kelner & Kelner, we're committed to providing clear, accurate information about premises liability law in New York City. If you have further questions or need assistance with a potential case, don't hesitate to reach out to our team of experienced New York City premises liability lawyers.