Albany Car Accident Lawyer
Being hurt on someone else’s property can leave you facing painful injuries, financial strain, and an uncertain future. Property owners have a duty to keep their premises reasonably safe for visitors. When they ignore hazards, delay inspections, or fail to warn people about dangerous conditions, preventable injuries can happen.
You deserve clear answers about your options during this difficult time. Harding Mazzotti, LLP, is here to help you understand what failures contributed to your injuries and pursue accountability from the parties responsible for causing you harm. Contact our Albany premises liability lawyers to start moving forward with a free case review today.
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On This Page
- Why Injured People Across Albany Trust Us To Hold Negligent Property Owners Accountable
- What Is Premises Liability?
- Who May Be Liable for Your Premises Injury in Albany, NY?
- What Compensation May Be Available in a Premises Liability Case?
- How To Prove Negligence in a Premises Liability Case
- What To Do After an Injury on Someone Else’s Property in Albany
- Types of Premises Liability Accidents We Handle in Albany, NY
- Our Albany Premises Liability Lawyers Are Ready To Help You Move Forward
Why Injured People Across Albany Trust Us To Hold Negligent Property Owners Accountable
Property owners and insurers often move quickly after an injury to limit their responsibility. The right legal representation can help you match their efforts and protect your right to fair compensation. That’s where we come in. Our team is ready to step in during those critical early moments from our office location right here in Albany, offering personalized attention and 24/7 availability.
With more than 30 years of experience, and more than 40 attorneys, and 120 support staff, we bring the strength of a large, established personal injury firm to clients throughout the Capital Region. We’ve recovered over $1 billion in settlements and verdicts and have earned a reputation for combining aggressive advocacy with a client-first approach and community outreach.
We handle every case on a contingency fee basis. This means there are no upfront costs, and you pay nothing unless our premises liability attorneys recover compensation for you. It’s part of our commitment to making quality representation accessible when you need it most.
What Is Premises Liability?
Premises liability is the area of law that allows injured people to hold the responsible parties accountable when dangerous property conditions cause harm. When determining whether to award compensation to an injured visitor, courts look at whether the owner acted reasonably under the circumstances and took appropriate steps to prevent foreseeable harm.
Under New York law, property owners and occupiers must keep their premises reasonably safe for people who enter their property. That specific duty may depend on the category of the visitor, including:
- Invitees: People who are on the property for business purposes, such as customers in a store or restaurant
- Licensees: Social guests or others who have permission to be on the property but are not there for the owner’s economic benefit
- Trespassers: Individuals who enter a property without the owner’s permission
The responsible party’s failure to meet their specific duty of care may constitute negligence if it caused injuries and damages.
Who May Be Liable for Your Premises Injury in Albany, NY?
Liability for an injury on someone else’s property depends on two main factors: who had control over the property and who was responsible for maintaining safe conditions.
In many cases, the property owner may be liable for failing to fix or warn about dangerous conditions. However, responsibility can also extend to property managers, tenants, business owners, or maintenance companies if they were in charge of inspections, repairs, or daily upkeep. In situations involving inadequate security, third-party security providers may share liability.
If your injury occurred on public property, you may have a claim against a government entity. Unique rules apply to these types of claims in New York, including strict notice of claim requirements and shorter filing deadlines.
New York follows a pure comparative negligence rule in personal injury cases. This means more than one party can share responsibility for an injury, including you. Under this system, you may recover compensation even if you were partially at fault, but your recovery will be reduced based on your percentage of fault.
What Compensation May Be Available in a Premises Liability Case?
If someone else’s negligence caused your injury, our premises liability lawyers can help you seek compensation for both economic and non-economic damages.
Economic damages cover the financial losses you’ve suffered due to the injury. These often include past and future medical expenses, lost wages while you recover, and reduced earning capacity if you cannot return to the same job long-term. Your economic damages may also include other out of pocket costs related to your injury, such as the cost of mobility equipment, assistance with daily tasks, or home accessibility modifications.
Non-economic damages reflect the injury’s impact on your quality of life beyond finances. They may include physical pain and suffering, emotional distress, loss of enjoyment of life, and scarring or disfigurement.
How To Prove Negligence in a Premises Liability Case
To recover compensation in a premises liability case, you must show that the at-fault party was negligent. This involves proving four key elements of negligence:
- Duty of care: The at-fault party had a legal obligation to keep the premises reasonably safe for you.
- Breach of duty: They failed to meet that obligation. This may involve ignoring a known hazard, failing to inspect the property, or not warning you about a dangerous condition.
- Causation: This failure directly caused your injury.
- Damages: You suffered measurable losses as a result of the injury, such as medical expenses, lost income, or pain and suffering.
What To Do After an Injury on Someone Else’s Property in Albany
The steps you take after a premises liability injury can affect your health and your potential legal claim. Here’s how to protect both:
- Document the scene. Take photos or videos of the hazard, the surrounding area, and any visible injuries immediately. If anyone saw what happened, write down their name and contact details before they leave.
- Report the incident. Notify the property owner or manager as soon as possible, and request a copy of the incident report.
- Seek medical attention. Get checked by a medical professional, even if your injuries seem minor. A prompt evaluation creates a record linking your injury to the accident.
- Preserve evidence. Keep your clothing, shoes, medical records, receipts, and communication related to the incident in a safe place.
- Avoid recorded statements. If the insurance company contacts you, decline to provide any information before you have legal representation.
Contact our premises liability lawyers. We’ll be ready to guide you through your next steps.
Types of Premises Liability Accidents We Handle in Albany, NY
Our firm represents clients who’ve been injured in a wide range of incidents on someone else’s property, including:
- Slip and fall accidents
- Violent crimes involving negligent security
- Dog bites
- Swimming pool accidents
- Elevator and escalator accidents
- Snow and ice hazards
- Falling objects
Common Locations of Premises Liability Accidents in Albany
Premises liability cases can arise in many different scenarios throughout Albany. Common locations include retail stores, shopping centers, restaurants, and bars. These locations receive heavy foot traffic and involve a significant flow of merchandise and food or beverages that can create hazards like spills and obstructed walkways.
Injuries may also occur in parking lots, garages, sidewalks, and government buildings, which may raise complex liability questions. Apartment complexes and hotels are other common sites of injuries due to the presence of many common areas that require consistent upkeep.
Types of Hazards That Can Cause Premises Liability Injuries in the Capital Region
Various types of unsafe property conditions can injure visitors, including:
- Wet floors
- Cluttered walkways
- Loose flooring
- Falling merchandise
- Lack of fencing or other safety equipment around swimming pools
- Poor lighting
- Broken stairs or handrails
- Snow and ice hazards
- Improper security measures, such as broken locks or lack of security personnel
- Electrical hazards, such as exposed wiring
- Elevator malfunctions
- Uncontrolled dogs on the property
- Obstructed fire exits
While many of these hazards may occur naturally, property owners and occupiers are still responsible for inspecting for them and making prompt repairs. Serious injuries can occur when they fail to meet those duties or neglect basic maintenance over time.
Injuries Common in Premises Liability Cases
Dangerous property conditions can cause serious injuries that affect every aspect of your life, from your mobility to your comfort to your ability to earn an income. Our Albany premises liability attorneys have represented people facing a wide range of life-altering injuries due to a hazard on someone else’s property, including:
- Broken bones
- Traumatic brain injuries, including concussions
- Spinal cord injuries and paralysis
- Soft tissue injuries, such as sprains and torn ligaments
- Burns
- Lacerations
- Internal bleeding and organ damage
- Whiplash
- Herniated discs
- Facial and dental injuries
- Crush injuries
- Amputations
In the most extreme cases, a premises liability accident can be fatal. We help families pursue wrongful death claims after a hazard on someone else’s property cuts a loved one’s life short.
Frequently Asked Questions About Premises Liability Cases in Albany
We answer common questions from Albany premises liability victims and their families below.
How Long Do You Have To File a Premises Liability Claim in Albany?
In most cases, you have three years from the date of the accident to file a premises liability lawsuit. If you lost a loved one due to dangerous property conditions, you have two years from the date of death to file a wrongful death lawsuit. If you fail to file within the statute of limitations, you may be unable to recover compensation, regardless of how strong your case may be.
What If I Was Partially at Fault for My Premises Liability Accident?
You may still recover compensation even if you were partially responsible for an accident that occurred on someone else’s property. Under New York’s pure comparative negligence rule, your compensation may be reduced by your percentage of fault. For example, if your damages are worth $100,000 and you’re 20% at fault, you’d recover a reduced award of $80,000.
What if I Was Injured on Government Property in Albany?
If your injury occurred on government property, you must file a notice of claim within 90 days and file a lawsuit within 1 year and 90 days of the accident. Missing these strict deadlines could cause you to lose your right to pursue compensation.
What Evidence Do I Need To Prove a Premises Liability Claim?
Useful evidence may include photos, video footage, incident reports, medical records, witness statements, inspection records, maintenance logs, and records of prior complaints about the hazard. Our Albany personal injury lawyers may also collaborate with third-party experts and use their testimony to support your claim.
Our Albany Premises Liability Lawyers Are Ready To Help You Move Forward
Property owners and insurers may already be working to limit your compensation. Harding Mazzotti, LLP, is ready to protect your right to fair compensation by preserving evidence, identifying the at-fault party, and pursuing accountability for the harm you’ve suffered. Contact us online or call 800-529-1010 for a free consultation about your rights, options, and next steps.
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