How to File a Premises Liability Claim?

How to File a Premises Liability Claim?

Filing a premises liability claim in New York involves a series of steps that must be carefully followed to ensure you receive the compensation you deserve for injuries sustained on someone else’s property. Be prepared to have an experienced New York City premises liability lawyer on your side to pursue a vigorous claim for damages. 

Steps to File a Premises Liability Claim

1. Seek Medical Attention: Your health and safety are the top priority. Seek immediate medical attention for your injuries, even if they seem minor. Medical records will also serve as crucial evidence in your claim.
2. Report the Incident: Notify the property owner or manager about the accident as soon as possible. Ensure that an incident report is filed, and obtain a copy for your records.
3. Gather Evidence: Collect evidence at the scene of the accident, including photographs of the hazardous condition, witness statements, and any available surveillance footage. Keep records of your medical treatment and expenses.
4. Consult a Premises Liability Lawyer: Hiring an experienced New York premises liability attorney can significantly increase your chances of a successful claim. An attorney can help you accomplish the complex legal process, collect strong evidence, and negotiate with insurance companies, while remaining prepared to go to trial.
5. Determine Liability: Your attorney will investigate the incident to determine liability. This involves identifying the property owner, establishing the duty of care, and proving that the owner’s negligence led to your injuries.
6. File a Notice of Claim: If the incident occurred on public property, you might need to file a Notice of Claim with the appropriate government entity within a specified timeframe, typically 90 days from the date of the accident.
7. Negotiate with Insurance Companies: Your attorney will negotiate with the property owner’s insurance company to reach a fair settlement. Do not accept a settlement offer made to you before you consult with an attorney, as they may not fully cover your damages.
8. File a Lawsuit: If a settlement cannot be reached, your attorney will file a lawsuit on your behalf. This involves drafting and filing a complaint, serving it to the defendants, and proceeding with the litigation process.
9. Discovery Process: During discovery, both parties exchange information and evidence related to the case. This phase may involve depositions, interrogatories, and requests for documents.
10. Settlement or Trial: Many premises liability cases are resolved through settlement negotiations. If a settlement cannot be reached, your case will proceed to trial, where a judge or jury will determine the outcome.

How Your New York Premises Liability Lawyer Can Help You Report the Injury 

If you suffer an injury on someone else’s property due to unsafe conditions, you should report the incident promptly and accurately. Your New York premises liability lawyer can assist you throughout this process to ensure that all necessary information is documented and preserved for your claim. 

• Guidance on Immediate Steps: Your lawyer will advise you on immediate actions to take following the injury, such as seeking medical attention and notifying the property owner or manager.
• Communication with Property Owner/Manager: Your lawyer can contact the property owner or manager on your behalf to report the incident, ensuring that the communication is clear and that all pertinent details are conveyed.
• Ensuring Proper Documentation: Your lawyer will ensure that an incident report is filed correctly and will obtain a copy for your records. They will also advise you on preserving any other evidence, such as photographs and witness statements.
• Detailed Investigation: Your lawyer will conduct a thorough investigation to gather additional evidence, including surveillance footage, maintenance records, and previous complaints about similar hazards.
• Legal Advice and Strategy: Your lawyer will provide legal advice on the best strategy for your case, including whether to pursue a settlement or proceed to trial if necessary.

Items Your NYC Premises Liability Attorney Will Include in the Incident Report

An incident report is a critical document that outlines the details of the accident and can be pivotal in your premises liability claim. Here are the key items that should be included:

• Date and Time of the Incident: Record the exact date and time when the accident occurred. This helps establish a timeline for the incident and subsequent actions.
• Location of the Incident: Provide a detailed description of the accident location, including the address and specific area within the property where the injury happened (e.g., stairwell, lobby, parking lot).
• Description of the Hazard: Clearly describe the hazardous condition that caused the injury. Include specifics such as wet floors, broken stairs, poor lighting, or other unsafe conditions.
• Injury Details: Document the injuries sustained in the accident. Be specific about the nature and extent of your injuries, including any immediate symptoms and visible signs of harm.
• Witness Information: Include the names, contact information, and statements of any witnesses who saw the accident or were present at the scene. Witnesses can provide crucial support for your claim.
• Actions Taken After the Incident: Describe any immediate actions taken following the accident, such as seeking medical attention, notifying property management, or calling emergency services.
• Photographic Evidence: Attach photographs of the hazardous condition, your injuries, and any other relevant aspects of the scene. Visual evidence can be compelling in demonstrating the danger and the impact of the accident.
• Property Owner/Manager Response: Record the response of the property owner or manager when you reported the incident. Note any comments or actions they took, such as addressing the hazard or providing assistance.
• Medical Treatment Information: Document the medical treatment you received, including the names of healthcare providers, diagnoses, treatments, and any prescribed medications or therapies.
• Contact Information: Ensure that the report includes your contact information for follow-up purposes and any additional questions that may arise during the investigation.

Spoliation Letter that Your Premises Liability Lawyer in NY Will Send on Your Behalf

When pursuing a premises liability claim in New York, your lawyer will take critical steps to protect your rights and maximize your chances of a successful outcome. They will prepare and send on your behalf a spoliation letter.

Spoliation Letter

A spoliation letter is a formal request sent to the property owner or other relevant parties to preserve all evidence related to your accident. It’s crucial to prevent the destruction or alteration of evidence that could be vital to your case. If necessary, your personal injury attorney may also seek a protective order from the court to ensure evidence preservation.

Key Elements of a Spoliation Letter:

1. Introduction:
   • Recipient Information: The name, address, and contact details of the property owner or relevant party.
   • Sender Information: Your lawyer's name, law firm, address, and contact details.
   • Date: The date the letter is sent.
2. Statement of Facts:
   • Incident Description: A brief description of the accident, including the date, time, and location.
3. Preservation Request:
   • Evidence Types: A detailed list of the evidence to be preserved, including but not limited to:
     • Surveillance footage of the accident and surrounding areas.
     • Maintenance and repair records for the property.
     • Incident reports and witness statements.
     • Any relevant communications (emails, texts) regarding the hazard.
     • Physical evidence, such as the actual hazard or safety equipment.
4. Legal Obligation:
   • Duty to Preserve: A statement explaining the legal obligation to preserve evidence and the consequences of failing to do so (spoliation).
5. Conclusion:
   • Call to Action: A clear request for the recipient to confirm receipt of the letter and compliance with the preservation request.
   • Contact Information: Your lawyer’s contact details for follow-up communication.

If the recipient does not comply with the spoliation letter, your lawyer may file a motion with the court to obtain a protective order. This order legally mandates the preservation of evidence and can include penalties for non-compliance.

Choose Our Battle-Tested Premises Liability Attorney in New York to Maximize Damages

If you have been injured on someone else's property, don't settle for less than you deserve. New York City premises liability lawyer Michael Lamonsoff "The Bull" at the Law Offices of Michael S. Lamonsoff, PLLC is ready to represent you. Known for his relentless and forceful approach, "The Bull" fights fiercely to protect his clients' rights and recover the largest possible compensation for their injuries and losses. To schedule your free consultation, call us at 212-962-1020 or fill out this online contact form.