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

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Amber PalermoAmber Palermo
17:50 23 Dec 22
The professionalism and expertise of the TonaLaw team is unmatched. I’ve worked with Juliet and she was incredibly knowledgeable, friendly and I could tell that she cared about helping me. If you’re looking for a legal team that helps with you any problem, big or small, TonaLaw is a team you can trust.
Regan moriartyRegan moriarty
16:49 23 Dec 22
The TonaLaw team is full of wonderful and hardworking people. I have personally worked with Juliet and she is excellent. You can tell she truly cares about the work she is doing. Highly recommend.
Elizabeth MartinezElizabeth Martinez
15:42 16 Dec 22
I can not be thankful enough for the amazing experience Tonalaw has given me from the very beginning. If you are looking for a lawyer who truly cares about your case then TonaLaw is for you. The amount of time and dedication they put in a case really shows how above and beyond they go. Not to mention how sweet everyone is really makes it a pleasure to work with TonaLaw.
Beatrice CestaroBeatrice Cestaro
22:06 14 Dec 22
I am extremely satisfied and happy to have chosen Tonal Law . The whole experience was flawless And I had absolutely no issues throughout the entire process. Everyone was so helpful and on time with everything, answered any questions I had, and we’re always easily available if I had any concerns. I basically did not have to lift a finger or do absolutely anything at all but answer a few questions. I put my full trust into Tona Law and I’m happy I did so. Would for sure recommend to any of my family and friends.
Anita AbramsAnita Abrams
21:14 05 Dec 22
Tona Law was an absolute pleasure to work with. As a local ART and Custom Framing resource, we helped to enhance their new offices, with beautiful and sophisticated, well curated artwork. Tom and his team were closely involved in all of the selections, and the environment is warm and friendly, as a result. Everyone at Tona Law, is considerate and professional.
Dawn DemartinoDawn Demartino
16:25 11 May 22
From start to finish I was informed every step of the way of the status and updates of my case… the time and steps taken to resolve my case in the best possible outcome was just one of the many great things Tonalaw provided. Personal care and commitment is top notch. Thank you !!
Louis B.Louis B.
15:27 08 Apr 22
Over the last few years Tona Law has guided me through the process with clear communication throughout. They are truly a client advocate and will do everything in the best interest of the client. Cannot thank them enough for all their work done for me.
Richard WoolleyRichard Woolley
19:49 26 Mar 22
Tom Tona and his team are fantastic. They do a great job for their clients. Can't recommend them highly enough.
Stacy LofredoStacy Lofredo
23:41 24 Mar 22
Tona Law has simplified no fault medical billing in a way that allows staff to effortlessly navigate through what could be a confusing process. Their staff is knowledgeable and responsive that we never have to worry about the ever-changing regulations because they are on top of keeping up to date with any changes in keeping their clients informed which is priceless!
Ruben ReyesRuben Reyes
15:29 13 Aug 21
They responded right away and were very professional. Brittany Reyes was very helpful. Thank you for your help
Randy RodriguezRandy Rodriguez
03:24 09 Aug 21
Would highly recommend if anyone is seeking any legal advice!