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New York Personal Injury Attorneys

Are Premises Liability Cases Difficult to Win?

December 27, 2023 in

Premises liability cases can be complex, but with the right NYC personal injury lawyer by your side, you stand a better chance of achieving a favorable outcome. 

Below, the experienced NYC personal injury attorneys at SPBMCC explore the factors that contribute to the success of premises liability cases, shed light on the reasons for filing a lawsuit, and provide insights into what premises liability settlements may entail.

Factors Influencing Premises Liability Cases

Premises liability cases present the unique challenge of relying on the victim’s ability to prove that the property owner’s negligence caused their injury. This is often difficult to prove, and according to Bureau of Justice statistics data, only about 39 percent of premises liability cases are successful. The facts and outcome of every case will differ based on specific details, but three main factors can influence a case. These include:

  • Negligence: Proving that the property owner or occupier failed to maintain a safe environment is crucial in building a solid case.
  • Duty of Care: Demonstrating that the property owner owed a duty of care to the injured party is essential. Their responsibility involves taking reasonable steps to prevent accidents and injuries on their premises.
  • Causation: The plaintiff must demonstrate a direct link between the property owner’s actions or negligence and the injuries (or harm) caused.

A successful premises liability settlement often includes compensation for medical expenses, lost income, pain and suffering, and other related damages. These settlements may be paid as a lump sum or structured payments over time. 

Reasons for Filing a Premises Liability Lawsuit

Whether it be a slip and fall accident or other personal injury claim, for victims grappling with the aftermath of an injury—medical bills, lost wages, emotional distress, and even death—  initiating a lawsuit becomes a necessary means of pursuing fair compensation for the damages incurred. However, filing a premises liability lawsuit does more than compensate an injured party or their loved ones for injuries.

A world where property owners are held liable for maintaining safe premises also promotes a culture of responsible behavior, acts as a deterrent against future negligence, and prevents future accidents by compelling property owners to proactively address dangerous conditions, from dog bites to frozen sidewalks. In essence, the decision to file a premises liability lawsuit has a triple effect on not just compensation but accountability and preventative measures.

Will My Premises Liability Claim Be Successful?

While premises liability lawsuits can be challenging, partnering with an experienced NYC personal injury lawyer increases your chances of a favorable outcome. Filing a lawsuit holds negligent parties accountable, seeks rightful compensation, and improves safety standards. Our contingency fee basis ensures that clients only pay when they win. Contact SPBMCC today for your free case evaluation and explore possibilities for legal recourse.

Contact an Experienced Premises Liability Lawyer at SPBMCC Today

Sullivan Papain Block McManus Coffinas & Cannavo P.C. is a reputable, full-service personal injury law firm specializing in various areas, including premises liability accidents. Our dedicated litigation support teams are committed to vigorously representing clients in matters such as 9/11-related illnesses, personal injury cases, car accidents, construction accidents, medical malpractice, medical malpractice, and firefighter law across New York City, Long Island, Nassau, Suffolk counties, and New Jersey. Contact us today to learn more about our firm or schedule a consultation with one of our experienced attorneys.

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Our fee is on a contingency basis. If we don’t recover money for you, we will never charge you. If you are unable to come to any of our offices, we are happy to visit you at home or in the hospital.

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