When you step onto someone else’s property, you have an inherent expectation of safety. Unfortunately, unforeseen hazards can be anywhere, and a misplaced step on a cracked sidewalk, a hidden pothole obscured by rain, or a malfunctioning elevator can lead to sudden injuries and unexpected hardships. NY state law allows you to recover damages for your losses in these situations, but what is premises liability insurance and how can a premises liability attorney help your case?
What Is Premises Liability Insurance?
The concept of premises liability holds property owners accountable for injuries sustained by others due to unsafe conditions or negligence. This means that if you’re hurt on someone else’s property, and their carelessness or lack of maintenance played a role, you might have legal recourse.
New York law stands by your side. The state has a comparative negligence system, which means both parties, you and the property owner, share responsibility for your injuries based on your respective percentage of fault.
This opens the door to potentially seeking compensation for:
- Medical expenses
- Lost wages
- Pain and suffering
Premises Liability Insurance and Claim Resolution
Property owners often have a vital safety net: premises liability insurance, which is typically bundled in general liability insurance. This insurance acts as a shield for businesses that don’t have the assets to pay all the damages after a serious accident. It covers their share of legal costs, medical bills, and potential settlements arising from claims like yours.
How does this all play out? If an investigation reveals the property owner was partially or fully responsible for your injury (think wet floor with no caution signs), their insurance should pick up the tab for your compensation, as long as it falls within their policy limits.
Other Things to Know
New York law doesn’t require businesses to carry liability insurance. However, many businesses do simply because it’s wise for them to do so. Without such insurance, a serious accident for which they are all or even primarily responsible could ruin them. That’s the good news.
The not-so-good news is that insurance companies are always in the business of making money, and that happens when they take as much money as possible in while keeping as much as possible from going out. This means insurance investigators are predisposed to minimize your suffering, challenge your claims, and offer settlements that aren’t in your best interest. And they’re very good at this.
The Role of Your New York Premises Liability Lawyer
Insurance companies know how to minimize their payouts, so having an experienced local lawyer on your side will make all the difference. Your lawyer will know how to find the evidence needed to prove your case, negotiate with the insurance company, and represent you in court if negotiations fail. A lawyer is always your best bet at getting fair compensation for your losses and injuries.
After an accident, you deserve to heal and move forward without the burden of medical bills and emotional distress. Take that first step towards justice by contacting the Law Offices of Barry M. Goldstein now for help in Queens, Brooklyn, Bronx, Manhattan, Nassau and Westchester Counties.
