Premises Liability Lawyer: What to Know After an Injury on Someone Else’s Property

You should be able to expect reasonable safety when you visit a store, restaurant, apartment building, parking lot, office, or other property. Unfortunately, dangerous conditions can sometimes cause unexpected accidents and serious injuries. A wet floor, broken stairway, uneven pavement, poor lighting, or another hazardous condition may leave you facing medical treatment, missed work, and financial stress.

If you were injured because of a dangerous condition on someone else’s property, you may have questions about who is responsible and whether you can seek compensation. A Premises Liability Lawyer can review the circumstances of your accident and help you understand your legal options.

What Is Premises Liability?

Premises liability generally involves injuries that occur because a property owner or another responsible party failed to take reasonable steps to address a dangerous condition.

Property owners and occupiers may have responsibilities regarding the safety of people who enter their property. However, whether a property owner can be held legally responsible depends on the specific facts of the accident.

For example, a person who slips on a wet floor in a store may have a potential claim if the dangerous condition was not reasonably addressed and contributed to the injury.

The important question is not simply whether an accident occurred. It is whether another party may have been negligent and whether that negligence caused the injury.

Common Premises Liability Accidents

Premises liability cases can involve many different types of accidents. Some of the most common include:

Slip and Fall Accidents

Wet floors, spilled liquids, ice, snow, loose carpeting, and other hazards can cause people to lose their balance and fall.

Uneven Sidewalks and Pavement

Cracked sidewalks, potholes, uneven surfaces, and poorly maintained walkways can create tripping hazards for pedestrians.

Stairway Accidents

Broken steps, missing or inadequate handrails, poor lighting, and other stairway problems can contribute to serious falls.

Inadequate Property Maintenance

A property that is not properly maintained may contain hazards that cause injuries to visitors, customers, tenants, or other individuals.

Dog Bites and Animal Attacks

In some situations, an injury caused by an animal on another person's property may lead to a liability claim.

Inadequate Security

Certain properties may require reasonable security measures. If inadequate security contributes to an assault or other criminal incident, the circumstances may need to be investigated to determine whether a property owner or another party could be responsible.

Dangerous Building Conditions

Defective or poorly maintained portions of a building can create hazards. These may include damaged ceilings, defective doors, unsafe railings, or other structural conditions.

Who May Be Responsible for a Premises Injury?

Determining who is legally responsible is not always straightforward. The property owner may be responsible in some cases, but another party could potentially share responsibility depending on who controlled or maintained the area where the accident occurred.

Potentially responsible parties can include:

Property owners
Business owners
Property managers
Tenants or occupants
Maintenance companies
Contractors
Government entities in certain circumstances

For example, if a store leases space inside a larger commercial property, responsibility for a dangerous condition may depend on the lease, the location of the hazard, and which party was responsible for maintaining that area.

What Should You Do After an Accident on Someone Else’s Property?

The steps you take after an accident can help protect both your health and your potential claim.

Seek Medical Attention

Get medical care as soon as possible, especially if you experience significant pain, swelling, dizziness, difficulty moving, or other symptoms.

Some injuries may not become obvious immediately. Medical documentation can also help establish the nature and extent of your injuries.

Report the Accident

Notify the property owner, manager, business, or another responsible person about the accident. Ask whether an incident report will be prepared and keep a record of who you notified.

Take Photos and Videos

If your condition allows, photograph the location where the accident occurred. Capture the dangerous condition from different angles, as well as your injuries and any damaged clothing or personal belongings.

Look for Witnesses

Ask witnesses for their names and contact information. Their accounts may become important if there is disagreement about how the accident occurred.

Keep Your Records

Save medical bills, treatment records, receipts, employment documentation, photographs, correspondence, and other records related to the accident and your recovery.

Avoid Making Statements About Fault

Be careful about making statements such as “I wasn't paying attention” or “I should have seen it.” The circumstances of an accident can be more complicated than they initially appear.

How The Buffalo Injury Law Firm Can Help

After an accident, dealing with medical appointments and insurance companies can be difficult while you are trying to recover. The Buffalo Injury Law Firm handles premises liability matters and can investigate the circumstances surrounding an injury, identify potentially responsible parties, gather relevant evidence, and communicate with insurance companies on your behalf. The firm's premises liability page specifically discusses cases involving slip and falls, inadequate maintenance, hazardous conditions, negligent security, animal attacks, and building-code-related issues.

A Premises Liability Lawyer can also help determine whether the available evidence supports a claim and explain the legal options available based on the circumstances.

What Must Be Shown in a Premises Liability Claim?

Every case is different, but a premises liability claim generally requires evidence connecting the dangerous condition to the injury.

Important questions may include:

Did the property owner or another responsible party have a duty to maintain reasonably safe conditions?
Was there a dangerous or defective condition?
Did the responsible party know, or should they reasonably have known, about the condition?
Was there a reasonable opportunity to address the hazard?
Did the dangerous condition cause the accident?
What injuries and financial losses resulted?

Evidence can be particularly important when the property owner claims that they were unaware of the hazard.

Why Is Notice Important?

One of the issues that may arise in a premises liability case is whether the property owner knew about the dangerous condition or should have discovered it through reasonable inspection and maintenance.

For example, suppose a customer slips on a liquid spill in a grocery store. Questions could include how long the spill had been there, whether an employee knew about it, whether employees were expected to inspect the area, and whether reasonable steps were taken to clean or warn customers about the hazard.

Evidence such as surveillance footage, inspection records, employee statements, photographs, and witness accounts may help establish what happened.

What Compensation May Be Available?

The losses associated with a premises accident can extend beyond the initial medical bill. Depending on the circumstances of the claim, potential damages may include:

Emergency medical expenses
Ongoing medical treatment
Physical therapy and rehabilitation
Lost wages
Reduced earning capacity
Pain and suffering
Emotional distress
Other accident-related expenses

The value of a claim depends on factors such as the severity of the injuries, recovery time, impact on employment, long-term consequences, and the circumstances surrounding liability.

What If the Property Owner Says the Accident Was Your Fault?

A property owner or insurance company may argue that you were responsible for the accident. They may claim that you failed to pay attention, ignored a warning, or otherwise contributed to your injury.

That does not necessarily end the matter.

The circumstances should be examined carefully, including the condition of the property, available warnings, lighting, photographs, witness statements, surveillance footage, and other evidence.

New York's rules regarding fault can affect how compensation is determined, making it important to understand the specific facts of your case.

What Evidence Can Strengthen a Premises Liability Claim?

Evidence can disappear quickly after an accident. A spill may be cleaned, a broken sidewalk may be repaired, or surveillance footage may eventually be overwritten.

Useful evidence may include:

Photographs of the hazardous condition
Video recordings
Surveillance footage
Accident or incident reports
Medical records
Witness statements
Maintenance and inspection records
Property records
Employment and wage documentation
Correspondence with the property owner or insurer

A Premises Liability Lawyer can help identify what evidence may be relevant and determine how it can support your claim.

When Should You Contact a Premises Liability Lawyer?

Consider speaking with a lawyer as soon as possible after a serious premises-related injury, particularly if the property owner or insurance company disputes responsibility.

Legal guidance may be useful if:

You suffered a serious injury
You required emergency treatment or surgery
You cannot work because of the injury
Your recovery is expected to take a long time
The property owner denies responsibility
An insurance company has contacted you about a settlement
Multiple parties may be responsible
Your injuries could have long-term consequences

Early legal advice can help you understand your options before you make decisions about a potential claim.

Protecting Your Rights After a Premises Accident

An injury on someone else's property can affect nearly every part of your life. Medical treatment, lost income, rehabilitation, and everyday limitations can create significant physical and financial challenges.

You should not assume that an accident was simply unavoidable or that you have no options because the property owner denies responsibility. The facts surrounding the accident deserve careful attention.

If you were injured because of a dangerous condition on someone else's property in Buffalo or elsewhere in Western New York, a Premises Liability Lawyer can review the circumstances and explain your legal options. Contact us to discuss your situation and request a free case review with The Buffalo Injury Law Firm. The firm states that it serves Buffalo and Western New York.

FAQs

What is a premises liability accident?

A premises liability accident is an injury that may result from a dangerous or unsafe condition on property. Common examples include slip and falls, unsafe stairs, defective conditions, inadequate maintenance, and certain inadequate-security or animal-attack cases.

Do I need a Premises Liability Lawyer after a slip and fall?

Not every accident requires legal representation. However, speaking with a Premises Liability Lawyer may be helpful when you have significant injuries, the property owner disputes responsibility, or an insurance company is offering a settlement.

What should I do after falling on someone else's property?

Seek medical attention, report the accident, photograph the scene if possible, collect witness information, and keep records of your medical treatment and related expenses.

Can I file a claim if the property owner did not know about the hazard?

It depends on the circumstances. Evidence may need to establish whether the owner knew about the dangerous condition or should reasonably have discovered it through appropriate inspection and maintenance.

How much is a premises liability claim worth?

There is no universal amount. Potential compensation can depend on the severity of the injury, medical expenses, lost income, pain and suffering, long-term effects, and whether liability can be established.

How long do I have to file a premises liability claim in New York?

The applicable deadline depends on the circumstances and the parties involved. Claims involving government entities, for example, can have additional requirements and shorter deadlines. Because missing a legal deadline can affect your rights, it is important to obtain legal advice promptly.