Property owners in New York have a responsibility to maintain their premises in a reasonably safe condition for the use of guests, customers, and tenants. When they fail to fulfill their obligations, people get hurt. If this happened to you, you could have the right to claim compensation for your injuries and related financial losses. However, property owners and insurers fight hard to avoid liability. That’s where a Queens premises liability lawyer comes in, so you don’t have to face this fight alone.
At Oresky & Associates, PLLC, we’ve served accident victims for over 30 years and secured more than $500 million for hardworking individuals and their families. Our firm focuses on people, not just paperwork. We listen, communicate openly, and fight as if every client were part of their own family.
Contact us today for a free, no-obligation consultation. We’ll explain your rights and guide you through the process of seeking compensation for your injuries. Your case evaluation is fully confidential, and you pay nothing unless we successfully resolve your matter.
Why Should I Hire a Queens Premises Liability Attorney?
A skilled Queens premises liability attorney at Oresky & Associates, PLLC has the experience and knowledge to handle these cases. We are familiar with New York laws and know how to negotiate with property owners, managers, contractors, and insurance companies. These entities often try to avoid blame or point fingers at each other. You need someone working on your case from the start who knows how to handle these challenges.
Our lawyers can investigate how the accident occurred and whether the property owner failed to fulfill their duty of care. Property owners are required to inspect their premises and either address any hazards or warn guests about unsafe conditions. When they don’t, people can suffer serious, even fatal injuries. A lawyer can protect your rights, gather evidence, speak with witnesses, consult experts, and handle negotiations so you avoid costly mistakes in pursuing compensation.
At Oresky & Associates, PLLC, we’re known for keeping our clients updated about their cases, answering their questions, and guiding them with patience and honesty. We’ve built a strong reputation for helping injured people and won the respect of our peers and local courts. In doing so, we’ve garnered hundreds of positive reviews across the Five Boroughs.
What Kinds of Damages Can I Pursue in a Premises Liability Case?
A premises liability case can lead to both financial and personal difficulties. Many people do not realize the high cost of an accident, whether it’s a slip-and-fall in a store or a stair collapse at a rental home. These injuries may require weeks or months of medical treatment and can significantly impact a person’s daily life for an extended period.
You may be able to receive compensation for medical bills, hospital visits, physical therapy, and prescriptions, both those you need now and those necessary in the future. You can seek compensation for your lost income, whether you miss work or return with work restrictions that reduce your pay.
Your lawyer can assess how your pain, stress, limited movement, and daily disruptions affect your daily life and assign a dollar value to those intangible losses, as well. If your injury affects future work, your attorney can demand compensation for your reduced earning potential.
A strong premises liability lawyer in Queens can evaluate all of these long-term impacts and show their value in your case.
Who Is Responsible for an Injury in a Premises Liability Case?
Responsibility for your injuries depends on who controlled the property and who created or failed to address the hazard, a principle established in Basso v. Miller. At-fault parties may include the following:
- A property owner who overlooks uneven pavement
- A management company that skips routine inspections
- A business that fails to clean spills or repair broken handrails
Some cases also involve tenants, contractors, maintenance workers, or security companies. In negligent security cases, a club, apartment building, or hotel may be held responsible if it fails to provide proper lighting, working locks, or trained security staff, and someone is hurt as a result of those unsafe conditions.
The reputable legal team at Oresky & Associates, PLLC can gather key evidence to support your case, including video recordings, maintenance logs, witness statements, and property diagrams. Your attorney can also look for missing safety measures or building code violations that support your claim. This information helps show how each party’s actions — or failures — contributed to the accident.
How Long Do I Have to File a Premises Liability Lawsuit in New York?
New York law sets a strict deadline for filing a premises liability lawsuit. Most individuals who have been injured have three years from the date of the accident to file a lawsuit. Some cases may have shorter deadlines, especially those involving government property or public agencies.
If you miss your deadline, you lose the chance to pursue premises liability compensation in court. Evidence also fades over time. Surveillance footage may be deleted, witnesses may move, and documents may be lost. Acting quickly helps your lawyer protect your rights and gather the most substantial proof.
Could I Recover Compensation if I’m Partly to Blame in a Premises Liability Case?
Yes. New York has a pure comparative negligence law. Under this law, you can pursue compensation even if you share some blame for the accident. Your percentage of fault reduces the total amount of your financial recovery. For example, suppose a court finds you 20 percent responsible for the accident, and a jury awards you $100,000. In that case, your compensation is reduced by 20 percent, bringing your award to $80,000.
Insurance carriers often try to inflate a claimant’s percentage of fault. They might argue that you wore unsafe shoes, ignored warning signs, or acted carelessly. A Queens premises liability lawyer knows how to challenge these arguments. Your attorney can review the facts, collect evidence, and show how the property owner failed to meet their duty of care.
Pure comparative negligence provides injured individuals with a fair opportunity to recover compensation for their losses, even in complex situations. However, the rule also creates room for insurers to engage in blame-shifting tactics. Having a lawyer from Oresky & Associates, PLLC by your side protects your rights and keeps the focus on the property owner’s conduct.
What Are Common Types of Premises Liability?
Premises liability encompasses a wide range of hazards. Some accidents occur because property owners fail to recognize and address obvious risks. Others happen because maintenance staff fail to repair worn or broken features.
Common types of premises liability claims include the following:
- Slip-and-fall accidents
- Trip-and-fall accidents
- Dog bite incidents
- Uneven pavement hazards
- Negligent security incidents
- Assaults caused by poor lighting or missing security features
- Falling merchandise
- Swimming pool accidents
- Elevator or escalator accidents
- Collapsing ceilings
- Broken stairs or railings
Different incidents require different investigations. A slip-and-fall may occur on a wet floor, negligent security may involve poor lighting or untrained staff, and a dog bite may result from a homeowner ignoring a known danger. A premises liability attorney in Queens can review your case and identify the evidence that supports your claim.
What Are Common Places Where Premises Liability Accidents Occur?
These accidents can happen almost anywhere in New York. Some locations have a higher risk due to heavy foot traffic or frequent maintenance needs. Common places where premises liability accidents occur include the following:
- Hotels
- Motels
- Clubs
- Bars
- Theme/amusement parks
- Swimming pools
- Apartment buildings
- Condominiums
- Restaurants
- Grocery stores
- Shopping malls
- Retail stores
- Sidewalks
- Parking lots
- Construction sites
- Office buildings
- Schools
- Playgrounds
Each location has unique safety rules. A grocery store must clean spills. A hotel must maintain hallways, staircases, and elevators. An apartment complex must maintain common spaces that are safe and well-lit. A swimming pool must provide safe railings, proper supervision, and clean surfaces to ensure a secure environment. When property owners fail to fulfill these responsibilities, visitors can suffer serious injuries.
What Are Common Injuries Someone Can Sustain in a Premises Liability Accident?
Premises liability accidents often result in painful, long-lasting injuries. Some injuries heal with rest and care, while others lead to lifelong challenges. Common injuries include the following:
- Broken bones
- Sprains and strains
- Torn ligaments
- Back injuries
- Herniated discs
- Neck injuries
- Traumatic brain injuries
- Concussions
- Lacerations
- Dog bite infections
- Burns
- Shoulder injuries
- Knee injuries
- Hip fractures
- Spinal cord injuries
Even a simple fall can lead to costly medical care and a long recovery period. A traumatic brain injury may affect memory, concentration, and speech. A spinal cord injury may affect mobility. Dog bites may require surgical intervention or infection control measures. Assault-related injuries can involve both physical and emotional trauma.
A lawyer from Oresky & Associates, PLLC can document your injuries, connect you with experts when needed, and build a clear timeline of how the accident changed your life.
Contact a Premises Liability Attorney in Queens Today
If you suffered harm on unsafe property, you do not need to handle the claims process yourself. A Queens premises liability lawyer from Oresky & Associates, PLLC can guide you, protect your rights, and help you pursue the compensation allowed by New York law.
Our injury law firm brings over three decades of success and a people-focused approach that clients appreciate. We treat every injured person with the same respect, care, and dedication we would offer our own family.
If you’re pursuing a premises liability claim, reach out to Oresky & Associates, PLLC today to speak with a team that puts clients first and fights for the best possible outcome. Your case review is free, fully confidential, and without obligation, and you pay nothing unless we successfully resolve your matter.