Queens Premises Liability Lawyers
Property owners throughout Queens have a legal duty to maintain safe conditions for visitors, customers, and tenants. When they fail to meet this responsibility, serious injuries can occur from slip and falls, inadequate security, structural defects, and other dangerous conditions. If you’ve been injured on someone else’s property in Queens due to unsafe conditions or negligent maintenance, you have the right to seek compensation for your injuries and losses.
At Koenigsberg & Associates Law Offices, our Queens premises liability lawyers understand the complex laws governing property owner responsibilities and fight aggressively to hold negligent parties accountable. We know how to investigate these cases thoroughly and build compelling arguments that secure maximum compensation for injured victims.
Understanding Premises Liability in Queens
Premises liability law holds property owners responsible for maintaining reasonably safe conditions on their property. This legal principle applies to all types of properties throughout Queens, from residential buildings and commercial establishments to public spaces and construction sites.
Property owners have different levels of responsibility depending on the visitor’s legal status. Invitees, such as customers in stores or patients in medical facilities, are owed the highest duty of care. Property owners must regularly inspect their premises, identify potential hazards, and either fix dangerous conditions or provide adequate warnings. Licensees, such as social guests, are owed a duty to warn of known dangers. Even trespassers may be owed some protection, particularly children who may not understand the risks.
The diverse property types throughout Queens create unique premises liability challenges. From aging apartment buildings in Flushing to busy shopping centers in Elmhurst, each property type presents different safety challenges and legal considerations that require specialized knowledge to navigate effectively.
Common Types of Premises Liability Accidents in Queens
Property-related accidents in Queens take many forms, each requiring different legal approaches and evidence to prove negligence. Understanding these common accident types helps victims recognize when they may have valid premises liability claims.
• Slip and Fall Accidents – The most common premises liability cases involve falls caused by wet floors, icy sidewalks, torn carpeting, uneven surfaces, and poor lighting in commercial and residential properties
• Trip and Fall Accidents – Victims trip over broken pavement, raised sidewalk sections, debris, poorly maintained stairs, or obstacles left in walkways throughout Queens properties
• Stairway Accidents – Defective handrails, broken steps, inadequate lighting, and building code violations cause serious falls in apartment buildings, offices, and public buildings
• Elevator and Escalator Accidents – Mechanical failures, poor maintenance, and safety violations in Queens’ numerous high-rise buildings and shopping centers can cause severe injuries
• Swimming Pool Accidents – Drownings, slip and falls around pools, and diving injuries at residential complexes, hotels, and recreational facilities throughout Queens
• Inadequate Security Cases – Assaults, robberies, and violent crimes occurring due to insufficient security measures in parking lots, apartment buildings, and commercial properties
• Falling Object Injuries – Items falling from shelves, construction materials, or building facades that strike visitors and cause serious head and body injuries
• Fire and Explosion Cases – Injuries from fires caused by faulty wiring, gas leaks, or code violations in residential and commercial buildings
• Toxic Exposure Incidents – Illness and injury from exposure to mold, asbestos, lead paint, or chemical contaminants in buildings throughout Queens
• Structural Collapse Accidents – Ceiling collapses, balcony failures, and other structural defects in aging Queens buildings that cause catastrophic injuries
Common Premises Liability Injuries
Property accidents often result in serious injuries because victims are typically unprepared for the dangerous conditions they encounter. The unexpected nature of these accidents can lead to severe trauma and long-term complications.
Typical Premises Liability Injuries:
• Traumatic Brain Injuries – Head impacts from falls or falling objects can cause concussions, skull fractures, and permanent cognitive impairment
• Spinal Cord Injuries – Serious falls can damage the spine, potentially resulting in partial or complete paralysis requiring lifetime care
• Broken Bones and Fractures – Arms, legs, hips, and ribs commonly break in falls, often requiring surgery and extensive rehabilitation, particularly in elderly victims
• Soft Tissue Injuries – Sprains, strains, and torn ligaments from falls and impacts can cause chronic pain and mobility limitations
• Burn Injuries – Fires, explosions, and contact with hot surfaces can cause severe burns requiring skin grafts and reconstructive surgery
• Lacerations and Scarring – Broken glass, sharp edges, and rough surfaces can cause deep cuts requiring stitches and leaving permanent scars
• Drowning and Near-Drowning – Swimming pool accidents can cause brain damage from oxygen deprivation or death in the most tragic cases
• Psychological Trauma – Violent crimes due to inadequate security often cause PTSD, anxiety, and depression requiring ongoing mental health treatment
Property Owner Responsibilities in Queens
Property owners throughout Queens have specific legal duties that vary depending on the type of property and the purpose of the visitor’s presence. Understanding these responsibilities is crucial for establishing liability in premises cases.
Commercial property owners, including stores, restaurants, offices, and entertainment venues, owe the highest duty of care to customers and visitors. They must regularly inspect their premises for hazards, promptly address dangerous conditions, provide adequate lighting and security, maintain walkways and parking areas in safe condition, and warn visitors of any temporary hazards that cannot be immediately corrected.
Residential property owners, including landlords of apartment buildings and private homeowners, must maintain common areas in safe condition, ensure compliance with building and safety codes, provide adequate security measures where required, and promptly address reported safety hazards. They are responsible for structural integrity, proper maintenance of stairs and railings, and ensuring walkways remain clear of ice and debris.
Government entities that own public property must maintain sidewalks, parks, and public buildings in reasonably safe condition. However, government liability is subject to special rules and shorter notice requirements that make immediate legal action essential.
Paul Koenigsberg
Proving Negligence in Queens Premises Liability Cases
Successful premises liability cases require proving that the property owner knew or should have known about the dangerous condition and failed to take reasonable steps to address it. This requires thorough investigation and compelling evidence.
We establish negligence by documenting the exact nature of the dangerous condition through photographs, measurements, and expert analysis. We investigate how long the condition existed and whether the property owner had notice through incident reports, complaints, or regular inspection schedules. Our team gathers witness statements from people who saw the accident or were aware of the dangerous condition, and we review maintenance records, inspection reports, and safety protocols to identify failures in property management.
We also examine building codes and industry standards to determine whether the property met required safety standards, consult with safety experts, engineers, and other professionals to explain how the accident occurred and what should have been done to prevent it. Video surveillance from security cameras often provides crucial evidence of how accidents happen and the conditions that existed at the time.
Learn about how to strengthen your personal injury claim and understand premises liability laws in New York.
Liability in Queens Premises Cases
Premises liability cases often involve multiple parties who may share responsibility for maintaining safe conditions. Identifying all potentially liable parties is essential for securing maximum compensation.
• Property Owners – The legal owner of the property typically bears primary responsibility for maintaining safe conditions and addressing hazards
• Property Management Companies – Professional management companies hired to oversee day-to-day operations may be liable for maintenance failures
• Tenants and Lessees – Businesses or individuals leasing property may be responsible for conditions within their leased areas
• Maintenance and Cleaning Companies – Third-party contractors responsible for upkeep may be liable for creating dangerous conditions or failing to address hazards
• Security Companies – Inadequate security cases may involve liability for security firms that failed to provide adequate protection
• Construction and Repair Contractors – Companies performing work on the property may be liable for creating hazards or failing to secure work areas
• Government Entities – Municipal governments may be liable for dangerous conditions on public property, though special rules apply
• Product Manufacturers – Defective elevators, escalators, or other equipment may result in product liability claims against manufacturers
Compensation Available in Queens Premises Liability Cases
Premises liability accidents can result in significant compensation, particularly when serious injuries require ongoing medical care and affect the victim’s ability to work and enjoy life.
Economic Damages
• Medical Expenses – All current and future medical treatment including emergency care, surgery, rehabilitation, physical therapy, and ongoing medical monitoring
• Lost Wages – Compensation for time away from work during recovery and reduced earning capacity from permanent injuries or disabilities
• Home Modifications – Costs of accessibility improvements, ramps, and safety equipment needed due to permanent injuries
• Assistive Devices – Wheelchairs, walkers, prosthetics, and other equipment needed for daily functioning
• Transportation Costs – Expenses for getting to medical appointments and adapting to mobility limitations
Non-Economic Damages
• Pain and Suffering – Compensation for physical pain, emotional distress, and reduced quality of life caused by the accident and injuries
• Loss of Enjoyment – Damages for being unable to participate in activities, hobbies, and social events you previously enjoyed
• Disfigurement and Scarring – Compensation for permanent scarring, burns, and other visible injuries that affect appearance and self-esteem
• Loss of Consortium – Compensation for the impact of injuries on relationships with spouse and family members
Punitive Damages
In cases involving particularly egregious conduct, such as willful disregard for safety or repeated violations despite known dangers, punitive damages may be available to punish the wrongdoer and deter similar behavior.
Learn more about types of damages in personal injury lawsuits and understand what your personal injury case is worth.
What to Do After a Premises Liability Accident in Queens
The actions you take immediately after a property accident can significantly impact your ability to recover compensation. Prompt action is essential to preserve evidence and protect your legal rights.
Immediate Steps at the Accident Scene:
Ensure your safety and seek medical attention immediately, even if injuries seem minor, as some conditions may not be apparent initially. Report the accident to the property owner, manager, or security, and ask them to create an incident report. Take photographs of the accident scene, the hazardous condition that caused your fall, your injuries, and the surrounding area. Get contact information from witnesses who saw the accident or can describe the dangerous condition.
Document everything about the accident including the time, date, weather conditions, lighting, and exactly what happened. Keep the clothing and shoes you were wearing, as they may be important evidence. Do not give detailed statements to property representatives beyond basic facts, and avoid signing any documents other than necessary medical forms.
Preserve Evidence:
Return to the accident scene as soon as possible to take additional photographs, as property owners may quickly repair dangerous conditions after accidents. Keep all medical records, bills, and documentation related to your treatment. Save receipts for any expenses related to your injury, including transportation to medical appointments and assistive devices.
Protect Your Legal Rights:
Contact a premises liability attorney before speaking with insurance companies representing the property owner. Do not accept quick settlement offers, as the full extent of your injuries and future medical needs may not be immediately apparent. Avoid posting about your accident or activities on social media, as insurance companies often monitor these platforms.
Learn about what not to say to an insurance adjuster and understand the top lies insurance companies tell after accidents.
Why You Need a Queens Premises Liability Lawyer
Premises liability cases are often more complex than they initially appear, involving detailed investigation, expert testimony, and sophisticated legal arguments. Property owners and their insurance companies typically have teams of lawyers and investigators working to minimize their liability.
• Thorough Investigation – We immediately investigate accident scenes before evidence disappears, interview witnesses while memories are fresh, and gather all relevant documentation
• Expert Witness Network – We work with safety engineers, building code experts, and medical professionals who can explain complex technical issues to judges and juries
• Understanding of Property Laws – We know the specific duties property owners owe to different types of visitors and how to prove violations of these duties
• Insurance Company Experience – We understand the tactics insurance companies use to minimize premises liability claims and how to counter these strategies effectively
• Building Code Knowledge – We know how to investigate building code violations and safety standard failures that contribute to accidents
• Maximum Compensation Recovery – We ensure all damages are properly valued, including future medical needs and long-term impact on quality of life
Learn about who is to blame for injuries on another’s property and understand the complexities of premises liability law.
FAQs About Queens Premises Liability Cases
What if I was partially at fault for my accident?
New York’s comparative negligence law allows you to recover compensation even if you were partially responsible for your accident. Your compensation will be reduced by your percentage of fault, but you can still recover damages if the property owner was also negligent.
How long do I have to file a premises liability lawsuit?
New York’s statute of limitations for premises liability cases is typically three years from the accident date. However, cases against government entities may have much shorter deadlines, sometimes requiring notice within 90 days. Learn more about time limits on personal injury cases.
What if the dangerous condition was “open and obvious”?
Property owners cannot escape liability simply because a dangerous condition was visible. They still have a duty to maintain reasonably safe conditions and may be liable if they created the hazard or failed to address it within a reasonable time.
Can I sue if I was injured during a criminal act on the property?
Yes, property owners may be liable for inadequate security if they knew or should have known about crime risks and failed to provide reasonable security measures. These cases require proving that better security could have prevented the crime.
What if the property owner claims they didn’t know about the dangerous condition?
Property owners have a duty to regularly inspect their premises and identify hazards. We investigate how long the condition existed and whether reasonable inspections would have discovered it, making the owner liable even without actual notice.
Premises Safety Throughout Queens
While legal representation is crucial after an accident, preventing premises liability accidents is always preferable. Property owners and visitors both play roles in maintaining safe environments.
Property owners should conduct regular safety inspections to identify and address hazards promptly, maintain adequate lighting in all areas accessible to visitors, keep walkways clear of debris and obstacles, promptly clean up spills and address wet conditions, ensure compliance with all building and safety codes, and provide adequate security measures appropriate for the property type and location.
Visitors can protect themselves by paying attention to their surroundings and watching for potential hazards, reporting dangerous conditions to property management, using handrails on stairs and being cautious in areas with poor lighting, avoiding distractions like cell phones while walking, and wearing appropriate footwear for conditions.
Learn about tips to avoid a slip fall accident and understand common safety measures that can prevent injuries.
Serving Property Accident Victims Throughout Queens
Serving Property Accident Victims Throughout Queens
Contact Our Queens Premises Liability Lawyers Today
If you’ve been injured on someone else’s property in Queens due to unsafe conditions, don’t let property owners and their insurance companies escape responsibility. These cases require immediate action to preserve evidence and meet legal deadlines.
Time is critical in premises liability cases. Property owners often quickly repair dangerous conditions after accidents, and crucial evidence can disappear. The sooner you contact an attorney, the better we can protect your rights and build a strong case.
Call us at (718) 336-2000 or fill out our online form to get started.
