Westchester Premises Liability Lawyer

What Is Premises Liability?

Premises liability is a legal principle that holds property owners and managers responsible for ensuring the safety of their property for those who enter it. This includes visitors, tenants, guests, and even trespassers in some cases.

Property owners have a duty to take reasonable care to prevent injuries caused by hazardous conditions on their property. This duty extends to both obvious and hidden dangers.

Your Trusted Advocates: How We Fight for You

At Tomkiel & Tomkiel, we understand the stress and uncertainty you face after a premises liability injury. Our team is committed to providing comprehensive legal support every step of the way.

Here's how we can help:

• Thorough Investigation: We conduct in-depth investigations to gather crucial evidence, including accident reports, witness statements, and security footage.
• Identifying Liable Parties: We carefully identify all parties responsible for your injuries, which could include property owners, tenants, management companies, or other entities.
• Accurate Damage Assessment: We work diligently to accurately calculate your damages, including medical expenses, lost wages, pain and suffering, and other losses.
• Aggressive Negotiations: We are skilled negotiators who will fight aggressively to help you receive a fair settlement from insurance companies.
• Experienced Litigation: If a fair settlement cannot be reached, we are prepared to take your case to court and fight for your rights.

Our lawyers have consistently earned high peer and client ratings and can put their experience to use in your case. Set up a consultation to learn more about how we can help you.

Westchester Premises Liability Cases We Handle

Our dedicated premises liability lawyers have extensive experience handling a wide range of cases. We understand the complexities of premises liability law and are prepared to fight for your rights if you have been injured due to:

Slips and Falls

We represent individuals who have suffered injuries from slipping on wet floors and encountering icy patches that should have been remedied by property owners and managers. 

Trips and Falls

We help those who have been injured due to loose flooring, obstructions in walkways, uneven pavement, or other hazards that are the responsibility of an employer, owner, or government entity to fix.

Construction Site Accidents

We represent workers who have been injured due to falling objects, scaffolding failures, exposure to hazardous materials, or other unsafe conditions on construction sites.

Dog Bites

We represent individuals who have been bitten by dogs on someone else's property, often due to a lack of proper supervision, known aggressive behavior, or the owner's failure to warn of a potentially dangerous animal.

Stairway Accidents

We represent individuals who have been injured on staircases due to broken or missing steps, loose handrails, inadequate lighting, and other dangerous conditions.

Elevator Accidents

We handle cases involving injuries caused by malfunctioning elevators, sudden stops, door malfunctions, and overcrowding.

Swimming Pool Accidents

We help individuals who have been injured due to unsecured pools, inadequate supervision, and defective pool equipment.

& More

If you haven’t found your case, it doesn’t mean that we don’t handle it! Contact us for a consultation, and we will seek justice for you and your loved ones.

Payment Structure: No Fees Until You Win

We understand that dealing with the aftermath of an injury can be overwhelming, especially financially. We believe everyone deserves access to quality legal representation, regardless of their financial situation. That's why we work on a contingency fee basis.

You never pay anything upfront to hire us; our fees are only paid if we successfully obtain compensation for you. If we don't win your case, you owe us nothing.

We believe in complete transparency. During your free consultation, our attorneys will explain our fee structure in detail so you can make an informed decision without any financial pressure.

Suffering from an Injury that Wasn’t Your Fault?

Don't let negligent parties get away without consequence! Contact Tomkiel & Tomkiel for your free consultation. We’ll fight tirelessly for justice on your behalf.

Get a Free Case Review

Understanding Premises Liability Cases

At Tomkiel & Tomkiel, we understand that navigating the complexities of a premises liability case can be overwhelming. To successfully pursue a claim, it's essential to understand the four key elements that must be proven:

• Duty of Care: Every property owner is obligated to maintain a safe environment on their premises depending on the visitor's status (invitee, licensee, or trespasser).
• Breach of Duty: A breach occurs when a property owner fails to fulfill their duty of care, such as by not repairing a hazardous condition or omitting proper safety measures.
• Causation: A direct link must exist between the owner's negligence and your injury, meaning the breach of duty must have been the cause of your accident.
• Damages: To recover compensation, you must demonstrate that you suffered harm as a result of the injury.

The specific details of your situation, including the nature of the hazard, the owner's actions, and the extent of your injuries, play a crucial role in determining whether you have a valid claim.

Who Is Liable for Your Premises Liability Injury?

Premises liability law holds property owners and managers accountable for maintaining safe conditions. Liability can be established against various parties depending on the circumstances, including:

• Property Owners: They are generally responsible for ensuring the safety of their property, regardless of whether they directly caused the hazardous condition.
• Landlords: They have a responsibility to maintain common areas of a building and ensure that tenants are safe.
• Businesses: Businesses have a duty to provide a safe environment for customers and employees.
• Management Companies: If a property is managed by a third party, the management company may also be liable for failing to maintain safe conditions.
• Construction Companies: If construction work contributes to a hazardous condition, the construction company may be held liable.
• Occupants: In some cases, an individual tenant or occupant might be found liable for creating a hazardous condition.

Our team will thoroughly investigate the circumstances of your accident to identify the liable party or parties and maximize your compensation.

Compensation Available in Premises Liability Cases

If you are injured due to someone else's negligence, you may be entitled to compensation for your losses. Here are some common types of compensation in premises liability cases:

Economic Damages

This category of damages is used to compensate you for measurable losses that include:

• Medical Expenses: This includes costs for treatment, medication, physical therapy, and any ongoing medical care.
• Lost Wages: This encompasses current and future lost income due to your inability to work.
• Property Damage: If you lose personal property due to the accident, you can seek compensation for its value.

Calculating your economic damages is fairly straightforward and can be done using receipts, bills, pay stubs, and other documentation.

Non-Economic Damages

Economic damages are only one component of your complete premises liability claim. Non-economic damages seek to compensate you for the intangible losses you experienced, including:

• Pain and Suffering: This includes physical and emotional distress resulting from the injury, including pain, discomfort, and emotional trauma.
• Mental Anguish: This is compensation for psychological suffering, anxiety, depression, and post-traumatic stress disorder.
• Loss of Enjoyment of Life: This compensates you for the loss of activities and experiences you can no longer participate in due to the injury.
• Loss of Consortium: This compensates a spouse or partner for the loss of companionship, affection, and support.

Measuring the value of your non-economic losses can be challenging, but your lawyer will use every method at their disposal to fight for the full range of damages you deserve.

Punitive Damages

In some cases, when the property owner's actions were particularly egregious or reckless, a court may award punitive damages. These damages are meant to punish the defendant and deter future misconduct.

What to Do After Experiencing an Injury on Someone Else’s Property

It's crucial to take the right steps to protect yourself and your legal rights after being injured on someone else’s property. Here's what to do after a premises liability injury:

• Seek Medical Attention Immediately: Your safety is our priority; if you've been injured, seek medical attention as soon as possible.
• Document the Accident: Take photos and videos of the accident scene, including the hazardous condition that caused your injury.
• Get Witness Information: If there were witnesses to the accident, gather their names and contact information, as their accounts can be valuable evidence.
• Report the Incident: Notify the property owner or manager about the accident and your injuries to help establish a record of the incident.

Reach out to Tomkiel & Tomkiel as soon as possible to discuss your rights and legal options. We'll guide you through the process with compassion and help you understand what steps to take next.

Statute of Limitations: Act Now

In New York, the statute of limitations for premises liability claims is generally three years from the date of the injury. Missing this deadline could prevent you from seeking compensation for your injuries. However, there are exceptions and specific circumstances that can impact this timeframe, making it essential to consult with a legal professional:

• Minors: If the injured party is under the age of 18, the statute of limitations is typically extended until they turn 18.
• Mental Incapacity: If the injured party is mentally incompetent, the statute of limitations may be tolled (suspended) during the period of incapacity.
• Concealed Injury: If the extent of your injury is not immediately apparent, the statute of limitations may begin when you discover or should have reasonably discovered the injury.
• Death: In cases where a death results from a premises liability accident, a lawsuit must be filed within two years of the death.
• City of New York: The statute of limitations for premises liability claims against the City of New York is only one year and 90 days.

When you consult a lawyer at Tomkiel & Tomkiel, you can rest assured that your case will be handled with urgency. We’ll help you file all of the relevant paperwork accurately and on time while you focus on recovering.