Property and business owners, along with those responsible for maintaining the public areas in Wappingers Falls, have a legal responsibility to ensure the safety of tenants, visitors, and patrons on their premises.
Property owners must keep their buildings and recreational areas reasonably safe. Landlords, facility managers, and homeowners must anticipate, eliminate, or repair dangerous conditions and make certain unsafe areas contain sufficient warnings.
Accident victims and their families frequently need experienced legal guidance to secure the compensation they need and deserve when someone else’s wrongful actions cause harm.
The award-winning Wappingers Falls personal injury lawyers of Finkelstein & Partners can help you. Contact our Wappingers Falls office for a free consultation. We have over six decades of experience in representing seriously injured clients. Allow us to put our experience to use for you.
Table of Contents
- Can your lawyers help accident victims pursue compensation?
- Preventable accidents can occur almost anywhere in Wappingers Falls
- Premises Liability Lawyer Answers Your Questions
- Premises Liability Compensation
- When Property Owners Fail to Protect Others, Our Wappingers Falls Attorney Can Help
Can your lawyers help accident victims pursue compensation?
The answer to this question is absolutely yes. Compensation is likely when a preventable accident happens on someone else’s property. The right premises liability attorney can be the deciding factor in a case. A speedy and in-depth investigation into the circumstances of the incident is paramount. This usually includes an inspection of the accident scene before evidence is lost or destroyed.
Finkelstein & Partners is one of the largest personal injury law firms in New York. We are here to protect the rights of injured individuals in Wappingers Falls and throughout the Hudson Valley to pursue compensation for premises liability injuries. Our extensive knowledge as Wappingers Falls injury lawyers will help ensure you receive the compensation you are due.
Together with trained investigators and accident reconstructionists, we gather evidence and interview witnesses in an attempt to show:
- The property owner’s actions (or sometimes lack of action) caused the hazardous condition
- That the person responsible for the property knew of a dangerous situation but made no effort to prevent an accident
- The owner should have known about the danger
- That the dangerous condition caused an injury
Our firm has extensive experience fighting for clients harmed due to inadequate security and unsafe conditions.
These are some of our notable client achievements:
- $2.25 million: Pedestrian injured in fall
- $1.625 million settlement: Fall at a train station
- $1.6 million jury verdict: Dog bite
- $1,100,000 settlement: Landlord responsible for taking shortcuts in repairs
- $975,000 settlement: Slipped on ice
- $925,000 settlement: Trip and fall accident
- $850,000 settlement : Defective stairs
- $850,000 settlement: Spread of disease from failure to sanitize safety
- $700,000 settlement: Failure to remove ice
- $475,000: Trip and fall
- $245,000 settlement: Fall
- $240,000: Fall
- $210,000 settlement: Apartment complex owner fails to clear ice
There are no guarantees in legal cases, and past results do not guarantee future success.
Preventable accidents can occur almost anywhere in Wappingers Falls
We may find an injury caused by negligence in many locations.
We have seen premises liability cases stemming from accidents:
- In private homes
- On a neighbor’s property
- On a playground
- At a daycare center
- On a public sidewalk
- In a parking lot
- In an amusement park/or waterpark
- In a vacation rental property
- in a movie theater or bowling alley
- On a school or college campus
- In a retail establishment
- On public transportation
- In an apartment complex
- In public gathering places
- In hospitals and nursing homes
Common Premises Liability Accidents
Every year, many serious injuries occur to shoppers in retail stores, boutique shops, and restaurants. Construction sites are hazardous to workers, visitors, and pedestrians. Rides in an amusement park or carnival are dangerous when not maintained properly.
Many injuries occur in apartment buildings, and hotel guests may suffer injuries in parking lots, conference rooms, fitness areas, or the pool. The Hudson Valley is a regional destination for tourists. Vacationers expect short-term rentals, and campgrounds are free from safety violations and dangerous situations.
These are some property accidents that can result in substantial settlements:
- Falls due to broken or uneven pavement, worn or torn carpet
- Slip & Fall accidents due to wet and slippery floors from spills and leaks
- Fall on ice and snow in parking lots and on sidewalks in front of businesses
- Elevator and escalator accidents
- Broken stairs
- Missing handrails
- Injuries to children in a daycare facility
- Electrical accidents
- Falling merchandise in a big box store
- Lack of fire extinguishers in a public building
- Preventable fire hazards
- Exposure to toxic chemicals or fumes
- Swimming pool incidents
- Inadequate security
- Insufficient lighting
- Unsafe walkways
- No signage alerting to a dangerous condition
- Dog bites and attacks
- Injuries to children playing in parks and on neighborhood property
Founded in 1959, Finkelstein & Partners has served generations of clients in Wappingers Falls and the Hudson Valley. Our mission remains steadfast— to secure compensation for those injured because of someone else’s careless, wrongful actions. We make this simple promise: If you don’t get paid, we don’t get paid. We want our legal services to be readily available and affordable. Give us a call for a free case evaluation. Come meet our staff and learn more about our practice and services.
Premises Liability Lawyer Answers Your Questions
Is there a time limit on premises liability claims?
Yes, for the most part. An accident victim has three years from the date of the incident to file a claim. In the event of a fatality, qualified surviving family members can only pursue a case for compensation if they act within two years of death. Specific limitations are in place when the claim is against a government agency or municipality. A premises liability lawyer can explain these special requirements.
How can a lawyer show proof of negligence in a premises liability case?
Your lawyer can prove liability by establishing:
- What an injured person should expect in a particular situation, or what any conscientious, reasonable person would do. For example, after a snow storm, the owner or manager of a public building should clear the stairs and surrounding walkways of snow and ice in a reasonable time
- The owner or manager took no action. Let’s say two days after a storm, a drug store’s sidewalks and parking lot remain covered in ice and snow.
- The lack of action results in an injury when a patron slips and falls when coming in to pick up a prescription,
A premises liability lawyer can collect photographs, security camera footage, OSHA inspection reports, corporate maintenance logs, and schedules to support a claim.
There was a fire in my apartment building. Can I hold the landlord responsible?
It depends. A tenant has the right to expect that the structure complies with applicable fire codes. So, if the fire started from faulty wiring and the electrical system had not been inspected on time, you might hold the landlord liable.
What are the most common injuries in a premises case?
In addition to bodily injury sustained in a fall (fractures, lacerations, neck and back injury, traumatic brain injury), other common injuries include carbon monoxide poisoning, burns, and dog bites.
What is the best action after being hurt on someone else’s property?
If you are in an accident in Wappingers Falls, take these steps to begin recovering and building a case.
- Report the accident to the landlord, building manager, and the police.
- As soon as possible after the accident, undergo a medical evaluation to identify and document injuries.
- Follow the doctor’s advice and do not miss any appointments.
- Identify potential witnesses
- Take pictures, or videos, of the accident scene, surrounding areas, and your injuries.
Premises Liability Compensation
At Finkelstein & Partners, we work closely with our clients, medical experts, and financial planners to develop a comprehensive damages assessment that captures the full financial scope of our client’s harm.
Through a premises liability claim, injured families may recover:
- Present and projected future medical costs, including physician charges, surgeries, hospital stays, rehabilitation, and prescription drugs
- Loss of Income as well as the loss of future income and company-paid benefits if the victim cannot work at a former occupation
- Property damage—For personal property damaged or lost due to the at-fault party’s negligence
- Pain and suffering
- Mental Anguish
- Loss of consortium
No caps exist on premises liability awards in New York. When determining the value of a compensation package, the decision makers will often consider the extent and severity of the injuries, the prognosis for full recovery, any permanent disabilities, and the age and educational background of the victim. Severe injuries may carry more weight.
New York defines severe injury as.
- Broken bones
- Significant disfigurement
- Permanent limitation of use of a body organ or member
- A significant limitation of a body function or system
- Substantial disability for 90 days
Dealing With Insurance Companies After a Premises Liability Accident
Although a property owner may be legally responsible for premises liability claims, an insurance company is the one holding the purse string. Insurance policies have limits, and typically when it comes to commercial businesses, the limits are usually high.
Paying a claim for full policy limits is not in the insurance carrier’s best interest. An accident victim can expect underhanded tactics, unnecessary delays, initial lowball offers, and intimidation. Their team of attorneys and adjusters fight for the upper hand at every turn and will try to leverage a victim’s vulnerability to their advantage.
When Property Owners Fail to Protect Others, Our Wappingers Falls Attorney Can Help
If a premises liability accident hurts you, a New York premises liability lawyer from Finkelstein & Partners goes to work on behalf of you and your family support group. We consider ourselves a vital part of your support group during this difficult time.
- Use our skills and resources during the Investigation process. We dig deep. We are not afraid to show the insurance company we mean businesses
- We negotiate on your behalf. We tell your story like no one else can to ensure our client receives the best possible financial compensation for everything they lost.
- We stand ready, willing, and able to take a claim to trial. We stay focused on the timely filing of required court documents.
- We handle all insurance company disputes.
We hold the property owners accountable for the costs of their negligence. There is no excuse for lack of regular preventative maintenance, failure to adhere to state regulatory agencies, ignoring obvious hazards, or failure to provide adequate warning about them. When we advocate for a client, we take no excuses and will not let the insurance company ignore you.
Why Choose Finkelstein & Partners?
- Our transparency, honesty, integrity, and client-centric hands-on approach. Every Finkelstein & Partners client receives a case manager as their go-to person for updates and answers to questions about their case. Our clients have 24/7 access to our innovative online system that affords them up-to-date information on the status of their claims. No question will go unanswered.
- Our reputation. We are proud to toot our own horns. Few law firms anywhere can point to six decades of zealous advocacy on behalf of personal injury victims like Finkelstein & Partners can. Fewer can also point to historic successes against America’s largest and most well-funded corporations.
- Our no-fee promise. We represent our clients on a contingency basis. If you don’t get paid, then we don’t get paid. That’s our promise to you.
Past clients of Finkelstein & Partners sing our praises for our caring approach to their circumstances, our commitment to clear communication, our responsiveness, our attention to detail, and our professionalism in securing them as much compensation as possible. We are here when you need a New York personal injury law firm on your side. Call us at (845) 298-2870 or contact us online for your free claim evaluation.