Understanding Your Legal Rights in Premises Liability

If you’ve been injured or your property is at the center of a liability case in New York, it’s normal to feel overwhelmed. Premises liability cases can be intricate, involving everything from slip-and-falls to safety oversights. Knowing your rights and understanding the nuances of these laws is key to navigating the situation confidently.

What is Premises Liability?

The Basics of Liability

At its core, premises liability holds property owners responsible for maintaining a safe environment. This means they need to address potential hazards and warn visitors of known risks. For example, if there’s a slippery floor in a grocery store, signs or cleanup should happen promptly to prevent accidents. New York law combines statutory rules with past case decisions, creating a framework that aims to protect public safety.

Examples of Liability Cases

Not all premises liability cases are the same. Accidents can occur on private, commercial, or public property. At an apartment complex, issues like loose railings might lead to residential claims. Slip-and-falls at a store? That would fall under commercial liability. Even poorly maintained sidewalks or parks could make the city responsible in public property cases. Each situation varies, but the common thread is the need to prove negligence.

Who Has What Rights?

Property Owners’ Duties

If you own property in New York, you’re legally expected to keep your premises safe. This includes fixing hazards promptly or providing clear warnings about risks you can’t resolve right away. It also means being prepared with defenses, like proving you didn’t know about a dangerous condition or that the issue was obvious enough for someone to avoid on their own.

The Claimant’s Role

For someone filing a premises liability claim, the goal is to prove the owner or manager fell short of their legal duties. This might involve showing they knew about the hazard and failed to act. Evidence like photos, witness statements, and maintenance records can be incredibly helpful here. The stronger the proof, the better the chance of building a solid case.

Steps in a Premises Liability Case

Starting Your Claim

Timing is everything. New York’s statute of limitations defines strict deadlines for filing claims, so acting quickly is crucial. If you’re the injured party, you’ll need to document injuries, hazards, and other details while identifying the responsible party. Missing the window to file could mean losing your chance to seek compensation.

Building Your Case

The discovery phase is your chance to strengthen your claim. This might involve expert witnesses offering insights into how unsafe conditions caused an injury or submitting evidence like medical records to confirm damages. Preparation at this stage often makes or breaks a case.

Common Roadblocks

Proving Negligence

It’s not always easy to prove a property owner was negligent. Did they know about the hazard? Could it have been reasonably fixed? Sometimes claimants have to rely on circumstantial evidence, like showing a long-standing history of similar incidents, to make their case.

Shared Responsibility

Under New York’s comparative fault system, both parties may share blame in an incident. For instance, if a claimant’s own carelessness partly contributed to the accident, any compensation awarded could be reduced proportionally. Arguments about shared negligence are common, but they can often be countered with strong evidence.

Partner with Experts Who Understand New York Law

Premises liability cases are rarely straightforward. They require thorough investigations, careful strategy, and a deep understanding of New York’s legal framework. That’s where we come in.

At IX Legal, our team knows the challenges of these cases and is ready to offer the support you need, whether you’re an injured party or a property owner wanting clarity.

Call us today at (646) 766-8308 to get answers and protect your rights. We’ll guide you every step of the way.

Steps to Take After a Car Accident in New York

No one plans for a car accident, but knowing how to respond can make all the difference, especially on New York’s busy streets. Whether you’re dealing with injuries, damages, or legal concerns, taking the right steps early on can protect your health, rights, and claims. This guide breaks it all down into manageable actions for those difficult moments after a crash.

What to Do Right Away

Prioritize Safety

After an accident, the first thing to focus on is safety. Move yourself and your vehicle out of traffic if you can do so safely. Call 911 to report the accident and request medical help if needed. Police officers will document the scene, which can be crucial for insurance and legal purposes later on. Staying calm and cooperative ensures that nothing essential gets overlooked.

Collect Evidence

Use your smartphone to document the scene. Take clear pictures of the vehicle damage, road conditions, and even your own injuries. Jot down anything you remember about the crash itself, such as the time, weather, or actions of other drivers. Witnesses? Get their contact information, too. Every detail matters when building a strong legal or insurance claim.

Why Medical Attention Matters

Don’t Delay a Check-Up

Even if you feel fine right after the accident, getting checked by a doctor is important. Some injuries, like whiplash, may not show symptoms immediately. Your health should always come first, and having medical records will also support any claims you might need to file.

The Link Between Medical Records and Legal Claims

Your medical documents can significantly strengthen your claim. They provide evidence of your injuries, which is essential for pursuing compensation. Having detailed records helps cut through disputes about the severity or cause of injuries and ensures you’re adequately reimbursed for medical expenses and other losses.

Reporting and Legal Obligations

File a Police Report

Filing a police report is not just helpful; in most cases, it’s required. This official record lays out the facts of the accident and can help determine fault. Be sure to request a copy of the report for your records, as it will come in handy for insurance and legal proceedings.

Notify Your Insurance Right Away

Timely communication with your insurance company is key to avoiding delays or issues with your claim. When you speak to your insurer, stick to the facts and avoid giving statements that could be interpreted as admitting fault. Knowing your policy details can prevent missteps during this process.

Why Legal Help is Valuable

Get an Attorney on Your Side

Navigating New York’s car accident laws can be tricky, especially if your case involves significant injuries, property damage, or disputes over fault. Hiring a personal injury attorney ensures you understand your rights and gives you access to expert guidance through every step of your claim.

Be Aware of Deadlines

New York has statutes of limitations for filing injury claims, and missing these deadlines could mean losing your chance for compensation. A knowledgeable attorney will help you stay on track and address issues like evidence collection and dealing with uncooperative insurers.

Building a Strong Case

Keep Records Organized

Evidence is everything in a car accident claim. From medical bills to emails and photos, keeping all relevant documents organized and accessible can make the process smoother. Digital tools can help you back up essential files so nothing gets lost.

Consider Expert Witnesses

Sometimes, expert testimony is needed to strengthen a case. Whether it’s a medical specialist explaining your injuries or an accident reconstruction expert laying out the crash details, these professionals can make your claim more persuasive, especially in court.

Consult Experts Who Understand New York Car Accident Cases

The path after a car accident can feel overwhelming, but with the right support, you don’t have to figure it out alone. At IX Legal, we have the personal injury team, legal experience, and local knowledge to help you protect your rights and pursue the best outcome. Whether you’re dealing with injuries, insurance complications, or legal battles, our team is ready to guide you through every step.

Call us today at (646) 766-8308 to schedule a consultation. We’ll help you tackle the challenges ahead and work toward the resolution you deserve.

When you're involved in a car accident, your first instinct might be to assess the damage and exchange information with the other driver. However, one of the most critical steps is to call 911 immediately, regardless of how minor the injuries or damage may seem. Immediate medical attention can be crucial because some injuries, such as internal bleeding or concussions, may not present symptoms right away.

According to the National Highway Traffic Safety Administration (NHTSA), delayed symptoms are common, and failure to seek immediate medical care can lead to severe complications down the line. By calling emergency services, you ensure that medical professionals can evaluate everyone involved and provide necessary care on the spot.

Legal Implications of Not Reporting an Accident

Failing to report a car accident can have significant legal consequences. In many states, including New York, you are legally required to report any accident that results in injury, death, or significant property damage. Not reporting an accident can lead to fines, license suspension, and even criminal charges in severe cases. According to the New York State Department of Motor Vehicles, drivers must file a Report of Motor Vehicle Accident (MV-104) within ten days if the accident causes more than $1,000 in property damage.

Beyond the legal requirements, not reporting an accident can also impact your ability to file an insurance claim. Insurance companies often require a police report to process claims, and failing to provide one can result in your claim being denied. Additionally, if the other party decides to file a claim or lawsuit against you, the lack of an official report can weaken your defense. Therefore, it's always in your best interest to report the accident to the authorities and obtain a copy of the police report for your records.

Admitting Fault at the Scene

In the immediate aftermath of a car accident, emotions can run high, and you may feel compelled to apologize or admit fault. However, admitting fault at the scene can have severe legal and financial repercussions. When you admit fault, even informally, it can be used against you in insurance claims and legal proceedings.

Insurance companies and opposing parties can use your statements to argue that you were responsible for the accident, which can lead to higher premiums, denied claims, and potential liability for damages and injuries.

What to Say and What Not to Say

Knowing what to say and what not to say at the accident scene can protect you from inadvertently admitting fault. When speaking with the other driver, witnesses, or law enforcement, stick to the facts and avoid making any statements that could be interpreted as an admission of guilt. For example, instead of saying, "I'm sorry, I didn't see you," you can say, "Are you okay?" or "Let's exchange information." These phrases show concern without implying responsibility.

It's also crucial to avoid discussing the details of the accident with anyone other than the police and your insurance company. Statements like "I was distracted" or "I was speeding" can be used against you later. Instead, provide factual information such as your name, contact details, and insurance information. If law enforcement asks for your account of the incident, stick to the facts and avoid speculating about what caused the accident. By being mindful of your words, you can protect yourself from potential legal and financial consequences.

Not Gathering Sufficient Evidence

One of the most common mistakes people make after a car accident is failing to gather sufficient evidence. Documenting the scene is crucial for supporting your insurance claim and any potential legal action. Key types of evidence include photographs and videos of the accident scene, damage to the vehicles, road conditions, and any visible injuries.

Witness statements can also be invaluable, as they provide an unbiased account of what happened. According to the Insurance Information Institute, having comprehensive evidence can significantly strengthen your claim and expedite the settlement process.

When documenting the scene, make sure to capture multiple angles and close-up shots of any damage. Take note of any traffic signs, signals, or road markings that may have played a role in the accident. Additionally, jot down the names and contact information of any witnesses, as their testimonies can corroborate your account of the incident. This evidence can help establish the facts and protect you from disputes or false claims made by the other party.

To ensure you capture all essential details, consider using a checklist. Items to include on your checklist are photos of the accident scene, close-ups of vehicle damage, road conditions, traffic signs, and any visible injuries. Additionally, make sure to record the date, time, and location of the accident, as well as the names and contact information of all parties involved. By leveraging technology and following a systematic approach, you can gather comprehensive evidence that will support your claim and protect your interests.

Contact Our Skilled Attorneys at IX Legal

At IX Legal, we understand the challenges and uncertainties that follow a car accident. Our experienced team of personal injury attorneys in New York is dedicated to helping you navigate the legal complexities and secure the compensation you deserve.

If you or a loved one has been involved in a car accident, don't hesitate to reach out to us for a free consultation. (646) 766-8308

NEW YORK, NY​ – Koutsoudakis & Iakovou Law Group, PLLC (d/b/a “IX Legal”), represented by Co-Founders Andreas Koutsoudakis and Michael Iakovou, and Liakas Law P.C., represented by Senior Partner Nicholas Liakas and Supervising Partner Scott A. Steinberg, hosted a press conference on Monday, May 20, 2024, announcing the filing of a lawsuit on behalf of four firefighters from Ladder Company 84 and Engine Company 168 – Lieutenant Bill Doody, Firefighter Michael Guidera, Firefighter Kwabena Brentuo, and Firefighter John Sarnes – who nearly lost their lives in a blaze on February 17, 2023. The four-alarm fire began at a single-family home on Shotwell Ave but ultimately spread to neighboring homes due to heavy winds. The closest firehouse, Ladder Company 167, was closed for annual medical exams as per FDNY policy. This left the responding firefighters short-handed and delayed the response. This FDNY policy includes periodic closures of firehouses for medical exams and training, which contributed to the severity of the situation. All four injured firefighters are seeking $20 million in damages and a change in policy.

“As a native Staten Islander, when this matter was first brought to my attention, I felt a strong need to step in immediately. This could’ve been my house, my family, my neighborhood that was impacted. This story is innately close to home, so to realize that the firefighters in my community, and across the City of New York, are rushing into raging blazes, and that this type of situation could be prevented, is what is motivating our taking on this case. Real-life heroes don’t wear capes; they wear 50 pounds of gear and run into burning buildings. While people run away from danger, our firefighters run towards it to protect the public.” said IX Legal Personal Injury Co-Founder Andreas Koutsoudakis. “The City of New York should be implementing common sense policies to ensure that our bravest are protected, not implementing nonsensical policies that put them in harm’s way. The policy of closing firehouses for required physicals without replacements is a dangerous policy that increases the likelihood that our firefighters will be placed in harm’s way. Our clients suffered life-altering injuries as a result of this policy. We look forward to fighting vigorously in Court on their behalf so that they can be compensated for their injuries and to ensure that the same does not occur to any other firefighters.”

The lawsuits, on behalf of the plaintiffs, have been filed in Richmond County Supreme Court. For further reference, the index numbers are: 151001/2024; 151002/2024; 151003/2024; and 151004/2024.

Property and liability insurance are important and often required in various real estate transactions. In a lease, for example, a landlord will make sure that there is an insurance provision with coverage adequate to protect its property. In a purchase and sale of real estate, purchasers will often want to make sure that a seller maintains its insurance coverage so that, if there is any damage to the property before closing, the property can be restored to its original state at the time the contract to purchase the property was signed, and the sale can proceed as planned. Alternatively, a seller may require a purchaser to obtain insurance coverage before the purchaser enters onto the seller’s property for the purchaser to perform its due diligence to ensure that, in the event the purchaser damages the property in any way, the damage can be adequately repaired.

Why are insurance policies important?

Insurance policies allow the policy holder, the individual or entity being insured, to shift its financial risk onto a third-party insurance company. By paying an insurance company a small premium, the insured can use the money that may have otherwise been tied up as a safety net for certain scenarios for other investments. For example, if a purchaser wants to enter onto a seller’s property to perform due diligence, the purchaser would be doing so at his own risk. If something were to go wrong and the purchaser would damage the property, the purchaser would be required to repair the property or reimburse the seller for whatever damage was caused. To protect itself in such a situation, and if there were no insurance companies, it would be prudent for the purchaser to stash an adequate sum of money just in case something goes wrong. With an insurance policy in place, the purchase can take the sum of money he would’ve kept as a security blanket and use it to enter a new business deal.

Why do lenders require insurance policies?

Another real estate transaction that involves insurance policies is mortgage loans. One of the requirements that a borrower needs to satisfy to obtain a mortgage loan is insurance coverage. A lender will require a borrower to obtain property insurance in an amount sufficient to cover the worth of the property that the lender will be placing a mortgage on so that, if the property is destroyed, the insurance company can make the lender whole by paying the lender the worth of the property. For the lender to be entitled to receive an insurance payout, if necessary, the lender must be named as an “additional insured.” What is an additional insured? An additional insured is a third-party beneficiary to an insurance policy. In the case outlined above, the borrower of the loan will pay for the insurance policy and have the insurance company add the lender as an additional insured to ensure the lender would be entitled to receive any paid-out insurance proceeds.

Insurance clauses in real estate contracts are often heavily negotiated and hard to navigate. It is therefore important to make sure you have proper representation when negotiating your real estate contracts. For more information, or for help on your next real estate deal, reach out to the knowledgeable real estate attorneys at IX Legal by calling (212) 404-8644 or emailing info@ix-legal.com.

IX Legal focuses on guiding companies and businesses throughout the entire legal spectrum. IX Legal’s services generally fall under three broad-based practice group areas: Transactions, Litigation and General Counsel. Its extensive client base is primarily made up of real estate developers, managers, owners and operators, lending institutions, restaurant and hospitality groups, construction companies, investment funds, and asset management firms. IX Legal’s unwavering reputation for diligent and thoughtful representation has been established and sustained by its strong team of reputable attorneys and staff. For the latest updates, follow IX Legal on LinkedIn, Facebook, and Instagram. For more information, visit ix-legal.com.

In personal injury cases, it is important that you are familiar with the Jury Instructions that will be used to determine the outcome of a particular trial. What are jury instructions? Jury instructions are the guidelines given to a jury that outline the law and explain what factors are required for them to deliberate. A lawyer with a strong understanding of the jury instructions can and must use this knowledge to their advantage.

Once it is known which claims you will be bringing against the defendant, it is then possible to familiarize yourself with which set of jury instructions the judge will likely hand to the jury. Once those are known, every action that you will take in your case can be taken framed around the language and requirements of the instructions. The language used in your initial lawsuit can echo the terminology of the instructions, and the documents that you seek during discovery can be chosen with the jury instructions’ requirements in mind, and so on; for example, if the jury instructions require that the defendant have knowledge of a particular defect in their premises, you can request an image of the defect in question existing in an evident nature. Additionally, the language used in questions asked during depositions and of witnesses at trial should track the instructions, illuminating how the facts of your case align with the elements in their instructions for the jury.

Having an attorney that can capitalize on the knowledge of what is contained in each cause of action’s jury instructions can go a long way towards making a strong case to a jury. For help navigating the complex world of personal injury claims, contact IX Legal Personal Injury so you can sit down for a free consultation with our team of experienced attorneys. Call (212) 404-8605 or email michael@ix-legal.com today.

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This information is the most up to date news available as of the date posted. Please be advised that any information posted on the IX Legal Blog or Social Channels is being supplied for informational purposes only and is subject to change at any time. For more information, and clarity surrounding your individual organization or current situation, contact a member of the IX Legal team.

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IX Legal Personal Injury fights for victims of a wide array of personal injury claims, from Motor Vehicle Accidents to Scaffolding and Ladder Falls to Slip/Trip & Falls, amongst others. By leveraging its multidisciplinary foundation and, with the help of its experienced litigators, IX Legal Personal Injury can fight for the results and compensation that victims deserve without pushing for premature settlements due to financial reasons. This financial paradigm shift swings the pendulum in our favor when it comes to negotiating with insurance carriers, inherently leading to better results for clients. For the latest updates.

If you are considering bringing a personal injury or wrongful death lawsuit, it is important to understand the two basic elements of the lawsuit. These elements are (1) the facts of the case and (2) the laws that will control the outcome. To develop an in-depth understanding of the facts of your case, it is important to gather documentation regarding the extent of your injuries and to be sure about the identities of those involved in the accident. With that being said, this discussion will focus more on the law, providing a general overview of the common legal issues that arise in most personal injury cases.

Identifying liable parties is one of the most important things that you can do when considering the viability of your personal injury suit and should be one of the first steps that you take when determining whether you have a claim. A liable person can either be someone who did something to cause your injury, or failed to do something that could have prevented your injury. It is important to note that businesses can be held liable in personal injury cases, not only people.

Considering liable parties goes hand in hand with considering whether the liable person has insurance coverage and determining which party you believe you will best be able to recover damages from. Insurance coverage and the liability of parties can be difficult to determine, which is why it is important that you are guided by an expert with experience in this process.

Other common legal issues will be discussed in following articles, including include jury instructions, potential causes of action, jurisdiction and venue, the statute of limitations, conflicts-of-law, joint and several liability, comparative fault, and causation.

Our personal injury attorneys at IX Legal Personal Injury can help you make calculated decisions on who may be liable and what strategy may be best for you in pursuing recovery. For help maximizing the value of your claim and navigating the complex world of personal injury claims, contact our team and sit down for a free consultation. Call (212) 404-8605 or email michael@ix-legal.com today.

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*PRIOR RESULTS DO NOT GUARANTEE A SIMILAR OUTCOME*

This information is the most up to date news available as of the date posted. Please be advised that any information posted on the IX Legal Blog or Social Channels is being supplied for informational purposes only and is subject to change at any time. For more information, and clarity surrounding your individual organization or current situation, contact a member of the IX Legal team.

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IX Legal Personal Injury fights for victims of a wide array of personal injury claims, from Motor Vehicle Accidents to Scaffolding and Ladder Falls to Slip/Trip & Falls, amongst others. By leveraging its multidisciplinary foundation and, with the help of its experienced litigators, IX Legal Personal Injury can fight for the results and compensation that victims deserve without pushing for premature settlements due to financial reasons. This financial paradigm shift swings the pendulum in our favor when it comes to negotiating with insurance carriers, inherently leading to better results for clients. For the latest updates.

Many large insurance companies use the Colossus software to determine how much they will offer to pay to settle a personal injury case. The software inputs a variety of factors that can either increase or decrease the value of a claim, with certain factors carrying an outsized influence on the calculations. One of the factors that are among the most significant upward drivers of value for a claim is a permanent impairment designation.

Colossus utilizes the American Medical Association’s (AMA) Guides to the Evaluation of Permanent Impairment to evaluate claims of personal impairment. The AMA defines permanent impairment as an injury or illness resulting in long-term loss of a body part or reduction of body function. Once a patient has reached Maximum Medical Improvement, physicians use the AMA Guides to assess a patient’s impairment and document findings, according to the AMA. Under this system, there are certain injuries that, by themselves, automatically come with a permanency rating. For example, a fracture of the lumbar spine carries a permanency rating under the AMA guidelines, even if it may not require long-term treatment.

Getting the impairment rating early is critical as insurers will use records reflecting a missing rating to reduce any later impairment rating. Many lawyers often also have medical specialists who are knowledgeable about the AMA guidelines that they will refer clients to for the purposes of completing the necessary evaluations.

It is critical that you have an attorney who understands personal impairment and the ratings system at hand when looking to maximize settlement value on your personal injury claim. For help navigating the complex world of personal injury claims, contact IX Legal Personal Injury and sit down for a free consultation with our team of experienced attorneys. Call (212) 404-8605 or email michael@ix-legal.com today.

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*ATTORNEY ADVERTISING*

*PRIOR RESULTS DO NOT GUARANTEE A SIMILAR OUTCOME*

This information is the most up to date news available as of the date posted. Please be advised that any information posted on the IX Legal Blog or Social Channels is being supplied for informational purposes only and is subject to change at any time. For more information, and clarity surrounding your individual organization or current situation, contact a member of the IX Legal team.

_____________________________________________________________________________________

IX Legal Personal Injury fights for victims of a wide array of personal injury claims, from Motor Vehicle Accidents to Scaffolding and Ladder Falls to Slip/Trip & Falls, amongst others. By leveraging its multidisciplinary foundation and, with the help of its experienced litigators, IX Legal Personal Injury can fight for the results and compensation that victims deserve without pushing for premature settlements due to financial reasons. This financial paradigm shift swings the pendulum in our favor when it comes to negotiating with insurance carriers, inherently leading to better results for clients. For the latest updates.

In evaluating a claim for injuries sustained in a car accident or otherwise, it is crucial that the effects of all injuries or even potential injuries are reported before submitting a claim to an insurer. Why? Because it can be difficult to raise claims for later injuries that may have been discoverable earlier on. To determine the scope of loss of enjoyment of life for an injured person, treating physicians interview patients and document the areas that the injury is expected to impact them as a result of their injuries. The report or notes must document the loss of enjoyment of life claim, and anyone filing for a claim must also specifically claim for loss of enjoyment or an insurer might undervalue the total claim. Additionally, a loss of enjoyment of life claim can only be considered if there is a whole person permanent impairment rating of greater than three percent (3%). Nonetheless, it is still important to have any potential injuries or impairments accounted for.

There are many different factors that insurers use when evaluating a claim for loss of enjoyment of life. Therefore, it is crucial to ensure that any claim for loss of enjoyment of life accounts for this type of injury as holistically as possible. For assistance filing a claim for loss of enjoyment of life, or any other personal injury related matters, contact the experienced personal injury attorneys at IX Legal Personal Injury by calling (212) 404-8605 or emailing michael@ix-legal.com to set up a free consultation today.

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*ATTORNEY ADVERTISING*

*PRIOR RESULTS DO NOT GUARANTEE A SIMILAR OUTCOME*

This information is the most up to date news available as of the date posted. Please be advised that any information posted on the IX Legal Blog or Social Channels is being supplied for informational purposes only and is subject to change at any time. For more information, and clarity surrounding your individual organization or current situation, contact a member of the IX Legal team.

_____________________________________________________________________________________

IX Legal Personal Injury fights for victims of a wide array of personal injury claims, from Motor Vehicle Accidents to Scaffolding and Ladder Falls to Slip/Trip & Falls, amongst others. By leveraging its multidisciplinary foundation and, with the help of its experienced litigators, IX Legal Personal Injury can fight for the results and compensation that victims deserve without pushing for premature settlements due to financial reasons. This financial paradigm shift swings the pendulum in our favor when it comes to negotiating with insurance carriers, inherently leading to better results for clients. For the latest updates.