person tripping on someone else's property

If you were injured while on another individual’s property, you could be entitled to file a lawsuit to recover damages for your injuries. Pursuant to New York Civil Practice and Rules Section 214, a personal injury lawsuit may be filed within three years. The three years are calculated beginning on the date of the accident, so do not hesitate to start considering legal action. If you wait too long, the window will be closed. Reach out to the knowledgeable and battle-tested attorneys at TonaLaw for a free consultation to determine your chances of winning compensation to help you recover from your injuries.

How is Responsibility for My Injury Determined?

If the injury was caused by a dangerous defect on another person’s property, the field of law involved is known as premises liability. The law of premises liability derives from general negligence law. To prove a personal injury case based on premises liability, TonaLaw’s attorney needs to prove four essential elements: (a) the owner of the property in question owed the injured party a duty to keep their property in a safe condition; (b) the owner of the property did not keep their property in a safe condition; (c) you were injured, and (d) the unsafe property condition was a direct cause of your injury. These rules apply with respect to most types of properties, whether residential or open for commercial purposes. 

Regardless of whether the property is a supermarket, store, or home, the property owner is required to exercise a reasonable amount of care to protect individuals on their property from unreasonable and foreseeable potential for harm. This duty upon landowners often demands that they perform inspections of their property to ensure that it is safe for individuals to be there. In some circumstances, the property owner can be liable for the results of a property defect even if they were not aware that the defect existed. In these cases, liability can be attributed to the property owner under the theory of constructive notice, which means that the individual should have known about the existence of the defect if they had performed a reasonable search for the issue. The court determines this by evaluating a number of factors including whether the defect is of a particularly dangerous nature, how long the issue existed, and the reason the individual was on the property amongst other considerations. 

Common Causes of Premises Liability Injuries

There are a number of common causes which account for many, but not all, types of premises liability accidents. For example, sidewalks can become very dangerous due to neglect and poor management. If an adjoining property owner fails to adequately shovel or clear ice off of the sidewalk, an innocent pedestrian could easily slip and fall. Tree roots can degrade the use of sidewalks in a variety of ways. Roots could lift certain sidewalk panels enough to cause someone to trip and fall to the ground, or the damage could entirely destroy the solid sidewalk panels creating a serious danger to anyone walking on them. While these incidents might seem fairly innocuous, falling onto a concrete slab can cause serious damage. 

Aside from sidewalks, there are other conditions within and without buildings that commonly cause injuries. The improper maintenance of stairs can lead to extremely dangerous circumstances. For example, individuals are often hurt due to missing or damaged handrails. Similarly, steps of uneven heights frequently hurt people who reasonably expect them to be of even distances. 

In the event that you are injured due to a defect on someone’s property, do not hesitate to immediately seek medical attention. It is common for injuries to take some time before becoming known. If you become aware of new pain or discomfort in the days following an accident, go see your primary care physician to begin a course of treatment. 

There is a complex legal framework that is used to determine who, if anyone, is liable for an injury caused by a damaged or ice-covered sidewalk. In certain circumstances, either the adjoining landowner or local municipality could be on the hook for compensating you for your injuries. No matter how you were injured, you should reach out to the attorneys at TonaLaw for a consultation to determine whether you will be able to win a monetary recovery for your accident.

Hire an Attorney that Specializes in Premises Liability Law

At TonaLaw, we understand the pain and difficulties our clients go through after they have been injured. Whether your injury is the result of another’s negligence or a workplace injury, we can help you recover medical costs, lost income, and most importantly, peace of mind. 

With over twenty years of experience, our office is familiar with the deceitful tactics insurance companies utilize so they can pay you less than you deserve. However, at TonaLaw, our clients know their attorney is working tirelessly to get them the settlement they deserve. 

For these reasons, you need a New York personal injury attorney who will ensure you receive compensation for your injuries. For legal services ranging from personal injury and no-fault collections to business litigation, call TonaLaw toll-free today at 1(833) TONALAW or text 1 (631) 780-5355. 

What Our Clients Are Saying

Excellent5.0 Based on 381 reviews from review us onJennifer CaceresJennifer Caceres ★★★★★ I highly recommend using tonalaw. Lauren and Jada are amazing. Any questions or concerns I had they answered. I am happy I choose tonalaw .Response from the ownerThank you so much for your review Jennifer! We are so glad to hear that you were pleased with our responsiveness and thoroughness in addressing your questions and concerns. Your feedback is invaluable to us, and we are committed to providing our clients with the best possible legal representation. Thank you again for your kind words. We are honored to have you as a client. Carlos UmanaCarlos Umana ★★★★★ Excelente atención buena comunicación contestan mis preguntas con sinceridadResponse from the ownerThank you so much for your review Carlos! Your feedback is invaluable to us, and we will continue to strive to provide you and all of our customers with the outstanding service you deserve. Yanira Del ValleYanira Del Valle ★★★★★ Mr. Tona is such a wonderful human and attorney. So helpful, without a second thought, he shares his knowledge and experience. He helps makes this Plaintiff community a better one. Thank you!!!Response from the ownerThank you Yanira! It was so great meeting you. Marvin SortoMarvin Sorto ★★★★★ TonaLaw is a very reputable firm. Ana is such a great asset to the firm. She is also bilingual with many years of experienceResponse from the ownerThank you for your kind words Marvin! gary gundersengary gundersen ★★★★★ I’ve been to tona law several times already and I’ve had the pleasure to deal with Ana both time and she was amazing. Made sure all paperwork was in order and is super thorough with everything. Highly recommendedResponse from the ownerThank you so much for taking the time to share your positive experience with us at Tona Law. We are so glad to hear that you were pleased with the services provided by Ana. We are committed to providing our clients with the highest quality legal representation, and we are always striving to exceed expectations. Jennifer PorterJennifer Porter ★★★★★ Tom Tona puts so much emphasis and effort into developing a fantastic law firm, delivering excellent results for their clients and also staying at the forefront of law firm management skills. I am super impressed by my conversation and interaction with Tom and am happy to recommend him!Response from the ownerJennifer, thank you so much for this wonderful review. We are delighted to hear that you were impressed with your conversation and interaction with Tom. We strive to provide a positive and supportive experience for all of our clients, and we are so glad to hear you had such a positive interaction with Mr. Tona. Thank you again for your kind words. Janet SowinskiJanet Sowinski ★★★★★ Lauren, one of the paralegals at Tona Law is very knowledgeable, compassionate and very professional. She genuinely cares for her clients and is always willing to go the extra mile to help. Having known her for several years, i can confidently recommend both Lauren and Tona Law to anyone seeking great assistance.Carmen SandovalCarmen Sandoval ★★★★★ Quiero darles las gracias por haberme representado en mi caso, felizmente estos abogados lograron ganar ni caso, y estoy muy satisfecha por su gran trabajo, hablan español y la señorita Ana es muy atenta y cordial y amable con sus clientes, muchisinas gracias x sus servicios ademas de ser rapidos, nos ayudan mucho especialmente a las personas qué sólo hablamos español, les recomiendo este servicio de abogados muy honestos. Muchas gracias👌😘Miguel MenaMiguel Mena ★★★★★ Ana is extremely knowledgeable and a great asset to your firm! Definitely will be coming back.Sandie RivasSandie Rivas ★★★★★ Ana is amazing! Working with her was extremely enjoyable. She is a great asset to Tonalaw and always eager to help!Darwin RomeroDarwin Romero ★★★★★ Ana was an absolute pleasure. She was incredibly knowledgeable and thoughtful throughout the entire process. Highly recommend!Emma SortoEmma Sorto ★★★★★ Ana is a wonderful personal. She is very talented and very hardworking. Best thing is that she is bilingual! Always willing to help anyone who is in need of a hand! You are in great hands at Tona Law!nicole garcianicole garcia ★★★★★ Couldn’t recommend Lauren more!!! I’ve known Lauren for years, she is a dedicated, hard worker and is so professional when it comes to her job. She really cares about her clients and doing the best for them.Dolceprincipessa xoDolceprincipessa xo ★★★★★ I highly recommend Will Ramos as a lawyer. He is a true professional. He explained my options with me and was very accessible & kept me updated! I also had the pleasure of working with Jayden. She was great as well. They assisted with my case and helped me tremendously! Highly recommend :)yessenia lopez ramosyessenia lopez ramos ★★★★★ I have know Attorney Will Ramos for many years. He is very detail oriented, a great advocate, and an empathetic individual.I have referred a few clients during their time of need over to Will and the friendly staff at Tona Law. He is willing to go above and beyond for others.CARLOS RODRIGUEZCARLOS RODRIGUEZ ★★★★★ I have known Will Ramos for 15 plus years and can attest to his character in placing the needs for others above his own. He is an asset to any organization and a team player with positive attitude.Jessica MalaveJessica Malave ★★★★★ I’ve known attorney Will Ramos for 16 years he always places the needs of others above his own. He is a caring man and super understanding and has a big heart.Bianca RamosBianca Ramos ★★★★★ Attorney Will Ramos is awesome the law firm is lucky to have someone like him part of their team. He genuinely cares for others and is always willing to lend a helping hand.Response from the ownerBianca, thank you for leaving a wonderful review for our firm. We are lucky to have Will Ramos as part of our team! Arianna RamosArianna Ramos ★★★★★ Attorney Will Ramos is nothing short of dedicated and hard working. Each case he works on demonstrates his passion for law and his care for his clients.Response from the ownerThank you for your review, Arianna! Will Ramos has been a wonderful asset to our team. JenneferJennefer ★★★★★ I've had the pleasure of knowing Lauren for quite a while now, and I must say, her dedication to her clients is truly remarkable. She takes immense pride in her work as a professional she seamlessly balances her role at Tona Law, where she's involved in legal matters. Having seen her commitment and skill firsthand, I can confidently recommend both Lauren and Tona Law to anyone seeking top-notch assistance.Celine Aubry-DumandCeline Aubry-Dumand ★★★★★ I had a great experience working with TonaLaw.The team was really friendly and helpful throughout the entire process.Response from the ownerCeline, thank you so much for taking the time to leave a review for our firm. We are so grateful we were able to help you and provide you with a great experience. Thank you! Adam OmallyAdam Omally ★★★★★ I have known Lauren one of the paralegals at Tona law for many years and she is dedicated to her profession and helping her clients. Wonderful person.Alexandra DevineAlexandra Devine ★★★★★ Lauren at TonaLaw was extremely helpful! She was so nice and professional. I highly recommend asking for her!Margaret CaschettaMargaret Caschetta ★★★★★ I have known Lauren for a long time and she’s always been dedicated to her job! Excellent at anything she’s ever done.NICOLE GUASTONICOLE GUASTO ★★★★★ Lauren’s great- reliable empathetic the whole package - years of knowing her I wouldn’t ask for anyone elsejs_loader