In New York, property owners have a legal responsibility to keep their premises reasonably safe for visitors. When they fail to do so and someone is injured as a result, the victim may be entitled to compensation through a premises liability claim. At Anderson, Moschetti & Taffany, PLLC, we have decades of experience representing individuals who have been injured due to unsafe property conditions. Our Albany-based premises liability lawyers are committed to fighting for the justice and financial compensation our clients deserve.
What is Premises Liability?
Premises liability is an area of personal injury law that holds property owners and property managers legally accountable when someone is injured on their property due to negligence. These cases can arise from a wide variety of dangerous conditions on public, private, or commercial property. Bringing a case against a public entity-such as a town, city or the State, involves additional considerations and will be the subject of a separate blog.
Common examples of premises liability claims include:
- Slip and fall accidents on icy, wet or snow covered floors, sidewalks and parking lots
- Broken handrails, deteriorated stairs or sidewalks
- Inadequate lighting in stairwells or parking lots
- Falls on debris due to failure to inspect and maintain
- Dog bites on residential premises
- Negligent security leading to assault or injury
- Swimming pool accidents
- Fires or electrical hazards
Where Can Premises Liability Accidents Occur?
Premises liability incidents can happen almost anywhere:
- Supermarkets and retail stores
- Restaurants and bars
- Apartment buildings and private homes
- Office buildings and commercial properties
- Hotels and resorts
- Schools and universities
- Hospitals and nursing homes
- Parking garages and public lots
Whether you were visiting a business or a neighbor’s home, you may have a case if the property owner failed to maintain the premises in a safe condition.
What Do You Need to Prove in a Premises Liability Case?
To successfully file a premises liability claim in New York, the injured party must prove that:
- A dangerous condition existed on the property.
- The property owner or manager knew, or should have known, about the condition.
- The owner failed to correct the hazard or warn about it in a timely manner.
- This negligence directly caused your injuries and resulting damages.
Proving liability typically requires a thorough investigation, witness testimony, expert evaluations, and photographs or video evidence.
Types of Injuries in Premises Liability Cases
Premises liability accidents can result in a wide range of injuries, such as:
- Traumatic brain injuries (TBIs)
- Spinal cord injuries and paralysis
- Broken bones and fractures
- Burns and electrical injuries
- Cuts and lacerations
- Soft tissue injuries
In severe cases, these injuries can lead to long-term disabilities or even death.
What Compensation Can You Recover?
If you were injured on someone else’s property, you may be entitled to compensation for:
- Medical expenses
- Lost wages and reduced earning capacity
- Pain and suffering
- Rehabilitation and therapy costs
- Emotional distress
- Loss of quality of life
We will evaluate your claim to determine the full value of your losses and aggressively pursue the claims to obtain the maximum compensation available.
Common Defenses in Premises Liability Cases
Property owners and their insurance companies often attempt to avoid liability by claiming:
- They did not know about the hazardous condition.
- The condition was open and obvious.
- The victim was trespassing.
- The victim was partially or fully responsible for the accident.
Our legal team knows how to counter these tactics with strong evidence and persuasive arguments.
Why Choose Anderson, Moschetti & Taffany, PLLC?
- Proven Track Record: We’ve obtained hundreds of millions of dollars in verdicts and settlements for injured clients.
- Personalized Attention: You’re not just a case number—we treat every client with respect and care.
- Trial-Ready Approach: We prepare every case as if it’s going to trial, ensuring we’re always ready to fight for your rights.
- No Fees Unless We Win: You pay nothing upfront. We only get paid if we secure compensation for you.