Utica Premises Liability Lawyer
Property owners have a duty to keep their premises reasonably safe for visitors. When unsafe conditions cause preventable injuries, they may be responsible for the victim’s damages.
If you were hurt because of dangerous property conditions, our Utica premises liability lawyers can help you understand your options. Our team has spent decades pursuing compensation for injury victims throughout the Mohawk Valley, and we’re ready to put that experience to work for you.
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On This Page
- Why Choose Us To Handle Your Utica Premises Liability Case?
- What Is a Premises Liability Claim?
- Types of Premises Liability Cases We Handle
- Common Dangerous Property Conditions That Lead to Injuries in Utica
- Who Can You Hold Liable in a Premises Liability Case?
- How Do You Prove Liability for an Injury on Someone Else’s Property?
- Common Injuries in Utica Premises Liability Accidents
- What Compensation Can You Recover in a Premises Liability Claim?
- Our Utica Premises Liability Lawyers Are Here To Help
Why Choose Us To Handle Your Utica Premises Liability Case?
Known as The Heavy Hitters®, Harding Mazzotti, LLP is one of the most recognized personal injury law firms in the Northeast. Here are just a few reasons injury victims throughout Utica trust our team with complex premises liability claims:
- Decades of proven advocacy: Our attorneys have served injured New Yorkers for more than 30 years, recovering over $1 billion in settlements and verdicts and earning many positive client reviews. We have a proven track record of negotiating with insurance companies, and we’re not afraid to go to trial when necessary.
- Big resources: With more than 40 attorneys and 120 support staff, our team has the resources to investigate dangerous property conditions and stand up to powerful defendants.
- Accessible representation: Our team is available 24/7 throughout your case. We also offer free consultations, and we only get paid if we recover compensation for you.
What Is a Premises Liability Claim?
Premises liability law allows injured people to pursue compensation for injuries caused by preventable hazards on someone else’s property. This type of claim may involve injuries on commercial, residential, or public property.
Property owners have a duty to address dangerous conditions or warn visitors until those hazards are fixed. Failure to meet this duty may constitute negligence. When an owner’s negligence causes someone to get hurt, they may be legally responsible for the resulting injuries.
Many different scenarios can give rise to a premises liability claim. For instance, a grocery store may be liable for a slip and fall accident if employees knew about a spill but failed to clean it up or warn customers. Similarly, a landlord may be responsible for injuries caused by a poorly lit stairway that they ignored despite repeated complaints from tenants.
Types of Premises Liability Cases We Handle
Unsafe property conditions can lead to a wide range of accidents. Our Utica premises liability attorneys represent clients in these types of claims and more:
- Slip and Fall Accidents: Wet floors, icy sidewalks, uneven surfaces, and poor maintenance
- Trip and Fall Accidents: Broken pavement, torn carpeting, uneven flooring, unmarked hazards
- Negligent Security Claims: Inadequate lighting, broken locks, lack of security measures
- Snow and Ice Accidents: Particularly relevant to Utica and Central New York weather conditions
- Stairway Accidents: Broken handrails, poor lighting, and unsafe stair construction
- Elevator and Escalator Accidents: Mechanical failures and maintenance issues
- Falling Object Injuries: Retail stores, warehouses, and construction-related hazards
- Swimming Pool Accidents: Unsafe conditions or inadequate supervision
- Dog Bite Claims: Where premises liability and owner negligence intersect
Common Dangerous Property Conditions That Lead to Injuries in Utica
Premises liability claims often begin with hazards that could have been prevented through routine inspections, timely repairs, or proper maintenance. Some of the dangerous property conditions that commonly lead to avoidable injuries include:
- Wet floors and other slippery surfaces
- Snow and ice accumulation on sidewalks and parking lots
- Uneven pavement and potholes
- Poor lighting in walkways
- Broken stairs and handrails
- Loose floorboards or carpeting
- Falling merchandise in retail stores and warehouses
- Inadequate security measures, such as broken locks
- Building code violations
These hazards can appear in many different places throughout Utica. Common examples include retail stores, apartment complexes, restaurants, office buildings, parking garages, universities, and public parks.
Who Can You Hold Liable in a Premises Liability Case?
Liability depends on who controlled the property or was responsible for maintaining the conditions that led to your injury. In some cases, that might be the property owner. In others, a business owner, landlord, or property management company may be responsible for your damages.
If the injury resulted from improper repairs, a maintenance contractor may be at fault. If the injury occurred on public property, a municipality or other government agency may be liable.
Determining who is responsible for your premises liability injury often requires a detailed investigation. Our attorneys can identify who was responsible for addressing the hazard that caused your injury and determine whether multiple parties share responsibility.
How Do You Prove Liability for an Injury on Someone Else’s Property?
To recover compensation for injuries on someone else’s property, you must prove that another party’s negligence caused you harm. In most premises liability cases, that means showing all of the following:
- Duty of care: The at-fault party had a duty to keep the property reasonably safe for visitors.
- Breach of duty: The responsible party knew—or reasonably should have known—about a dangerous condition, but failed to repair it or provide adequate warning.
- Causation: The dangerous condition caused your injury.
- Damages: You suffered losses due to the accident, including medical expenses, lost wages, and pain and suffering.
Strong evidence is necessary to prove each of these elements. Depending on the circumstances, your claim may rely on incident reports, surveillance footage, witness statements, maintenance or inspection records, photographs of the hazard, medical records, or expert testimony. Because property conditions can change quickly after an accident, we recommend documenting the scene as soon as possible after your injury.
What if the Property Owner Claims the Hazard Was "Open and Obvious"?
The property owner or insurance company may argue that the hazard was “open and obvious” and that you should have noticed and avoided it. They may use this argument to try to avoid full responsibility for your injuries.
However, an open and obvious hazard doesn’t automatically prevent you from recovering compensation. New York follows a pure comparative negligence rule, which means you can still recover compensation even if you’re partially at fault. Your recovery will simply be reduced in proportion to your percentage of fault.
The outcome depends on the specific facts surrounding the accident. Our premises liability lawyers in Utica can evaluate the evidence and determine whether the property owner’s argument is likely to impact your compensation.
Common Injuries in Utica Premises Liability Accidents
Premises liability accidents can cause injuries that affect nearly every part of the body. Our team represents people facing many different types of injuries after an accident on someone else’s property, including:
- Broken bones
- Traumatic brain injuries and concussions
- Neck injuries, such as whiplash
- Back injuries, such as herniated discs
- Spinal cord injuries
- Soft tissue injuries, such as sprains, strains, or torn ligaments
- Lacerations
- Internal organ injuries or bleeding
Even minor accidents can cause serious harm with long-term consequences. Symptoms may not appear immediately, and some conditions can worsen without prompt medical attention.
Do you have a case? Get your free consultation now.
You can call us at 1-800-LAW1010 or fill out a form. Even if you’re unsure if you have a case, our team is here to help you discuss your legal options at no charge.
What Compensation Can You Recover in a Premises Liability Claim?
If someone else’s negligence caused your injuries, you may be eligible to recover compensation for the losses you’ve suffered as a result of the accident. Recoverable damages typically fall into two categories:
- Economic damages: These compensate you for the accident’s financial impact. Common examples include past and future medical expenses, rehabilitation costs, lost wages, and reduced earning capacity.
- Non-economic damages: These reflect the accident’s impact on your quality of life, such as physical pain and suffering, emotional distress, loss of enjoyment of life, permanent disability, and scarring and disfigurement.
Each premises liability case is worth a different amount. The compensation available depends on the facts specific to your case, such as injury severity and the extent of each party’s negligence.
Our Utica Premises Liability Lawyers Are Here To Help
Dangerous property conditions can leave you facing injuries that turn your world upside down in an instant. When those injuries result from a property owner’s negligence, you have the right to pursue compensation and hold the responsible parties accountable.
If you believe you have a premises liability claim, early legal guidance can help you protect your rights. Harding Mazzotti, LLP, is ready to explain your options and investigate your accident before critical evidence disappears. Contact us online or call 800-529-1010 today for a free case evaluation.
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