Premises Liability

These statutes outline the legal framework governing premises liability cases in New York.

1. New York General Obligations Law § 5-326– Prohibits liability waivers for recreational facilities in cases involving negligence.
2. New York Civil Practice Law & Rules (CPLR) § 214– Statute of Limitations: Personal injury claims must be filed within three years from the date of injury.
3. New York Real Property Law § 233– Governs landlord obligations in keeping premises safe for tenants and visitors.
4. New York Multiple Dwelling Law § 78– Imposes an obligation on landlords of multiple dwellings to keep the building in good repair and safe condition.
5. Labor Law § 200 (General Duty to Provide Safe Conditions)– Codifies the general duty to maintain safe premises.

In premises liability cases, plaintiffs may seek financial compensation for the following types of damages:

Compensatory Damages:

• Medical Expenses: Covers current and future medical treatments related to the injury, such as hospital stays, surgeries, medications, and rehabilitation.
• Lost Wages: Compensation for income lost due to the inability to work, as well as loss of earning capacity if the injury results in long-term or permanent disability.
• Pain and Suffering: Compensation for physical and emotional distress caused by the injury, such as chronic pain, mental anguish, and reduced quality of life.
• Property Damage: Covers repair or replacement costs for personal belongings damaged due to the hazardous condition.

Special Damages:

• Covers out-of-pocket expenses directly related to the injury, such as transportation to medical appointments and necessary home modifications.

Punitive Damages:

Awarded in rare cases where the defendant’s conduct was egregiously reckless or willful, intended to punish the property owner and deter future negligence.

To build a strong premises liability case, Campbell & Associates focuses on the following key strategies:

1. Establishing Duty of Care:
   • Demonstrating that the property owner owed a legal duty to ensure the premises were safe for lawful visitors.
2. Identifying Hazardous Conditions:
   • Collecting evidence to show that the property contained unsafe conditions, such as poorly maintained walkways, slippery floors, or inadequate lighting.
3. Proving Notice:
   • Establishing that the property owner knew or should have known about the hazardous condition and failed to address it within a reasonable timeframe.
4. Documenting Damages:
   • Gathering detailed records of medical bills, lost wages, and other expenses to support a comprehensive claim for compensation.
5. Overcoming Defenses:
   • Anticipating and countering common defense arguments, such as comparative negligence (where the defense argues the plaintiff was partly at fault) or assumption of risk.
6. Expert Testimony:
   • Leveraging expert witnesses, such as safety inspectors and medical professionals, to strengthen the claim by validating hazardous conditions and the extent of the injuries.
7. Negotiation and Litigation:
   • Preparing for both settlement discussions and trial to pursue the maximum possible recovery for clients.

By focusing on a proactive, evidence-based approach, Campbell & Associates helps plaintiffs to be as well-positioned as possible to secure the compensation they deserve.