broken stairs premises liability

Many people in New York have a property horror story. Whether they slipped on a grocery store floor, fell down slippery or defective stairs, or had a ceiling fall on them, everyone who lives here has a story to tell. An experienced premises liability attorney can help file a case against landlords or the property owner who was responsible for their harm.

Our team has been handling these cases for many years, and we know how frustrating it can be to need a premises liability lawyer in New York. Our team knows the fine points of this extensive branch of law, and we can help you with whatever your case requires. Contact us for a consultation today.

Who We Are

Founding partners David A. Roth and partner Audra Roth established Roth & Roth with a desire to help the average person obtain the same justice as the big companies and their teams of lawyers. The Roths have been practicing premises injury attorneys for their entire careers and are familiar with the courts and the legal system. 

Our legal team knows all about investigating, negotiating, and litigating premises liability cases and can gather the evidence needed to make your case and get the compensation you deserve. Our attorneys and support staff will take your case from the first filing through settlement or trial, whatever is needed to obtain justice for you.

Roth & Roth has been successfully representing individuals and families throughout the State of New York for over 25 years. If you or someone you know was injured or killed in New York due to someone else's wrongdoing, contact us to discuss your options. Initial consultations are always free and we never get paid unless and until you do.

What is Premises Liability?

Anyone who owns real property, whether it's a house, an apartment building, a store, or a massive shopping complex, owes what is called a “duty of care” to everyone who enters their property. This duty of care means they are responsible for keeping the property reasonably safe for anyone who might enter it.

This does not mean that if you enter a grocery store and slip on a banana peel you automatically have a cause of action. Your New York premises liability attorney must show that the owner or their representatives:

  • Knew or reasonably could have known that there was a hazard.
  • Failed to correct the problem in a reasonable period of time. 
Can I Sue if the Accident Was Partly My Fault?

Maybe. New York courts use the pure comparative negligence rule. This means that fault is divided among all parties in an accident, and then any ability to recover compensation is also divided. For instance, suppose your injuries and damages are found to be worth $100,000. If the court decides that you were 30% responsible for your injuries, but the store or property owner was still 70% responsible, then you can still recover $70,000 from the store owner.

What Am I Allowed to Sue For?

In a premises liability case, the purpose of a lawsuit is to make the victim whole. This legal term means that the injured person is to be restored to where they were before the accident happened. It isn’t enough to just pay the resulting medical bills, the injured person is also entitled to lost earnings, future lost earnings, and future medical expenses. 

  • Pain and suffering are real things that happen after a serious accident. Just because nobody can see your pain does not mean it isn’t real. Suffering is a legal term for the mental shock of an extreme event. If you have been through a serious accident, you should be able to recover compensation for all the pain you are experiencing, not only the physical injuries. 
  • Past and Future Medical Treatment - include the cost of emergency care, any time you spend in the hospital, and any follow-up care, such as physical therapy, surgery, radiology, mental health care, and long-term care. If your injury requires post-recovery equipment such as braces, walkers, crutches, and similar items, these must also be included. 
  • Loss of income. When you are hurt, you cannot work, and that means bills start to pile up. Your wages or other income should be part of your compensation in any settlement or judgment. If the doctor orders you to stay home and says you are temporarily disabled, that should be factored into your recovery as well. You should not have to return to work prematurely because you can’t pay your bills or rent. 
Do I Need a Premises Liability Attorney?

In a premises liability case, you will probably be facing a large company or corporate defendant. They are certain to have their own attorneys or even a legal department, working hard to make sure that whatever you are claiming is not their fault. If you prove that they are at fault, they will find ways to show they don’t have to pay you everything you claim you deserve. You need an aggressive experienced legal team on your side to make sure that you receive the compensation you’re entitled to. 

There are things that need to be done so that you can present your best case for compensation to the court. These are things that an inexperienced attorney may not know, but our legal team can help you accomplish them and explain what needs to happen during each step of the legal process. 

  • Investigation. Whether it was a slip and fall or a building collapse, the site of the accident needs to be measured, photographed, and mapped-a picture is worth a thousand words. Reports and records will be needed to make your case solid, and witnesses to the accident should be interviewed if they can be found. In premises liability cases, you may need witnesses who can show a history of the building being unsafe over a period of time or lack of maintenance in certain areas.
  • Discovery. This is a legal process in which the opposing sides exchange information. You are entitled to ask them for information, but they can also ask you for some. An experienced premises attorney knows what information the defendants are entitled to and what should not be exchanged. An experienced premises attorney knows what you need to request from defendants to prove your case. For instance, you may need the names and addresses of maintenance companies or janitorial staff, and the owner may be unwilling to provide them. This may require a motion practice. 
  • Pretrial negotiations. Sometimes, it is clear who is at fault, and both sides may agree there is no need to go to court. If the only issue is how much of a settlement is acceptable, an experienced premises attorney knows the value of your case and understands how to effectuate a settlement.
  • Trial. If your case goes to court, you should have experienced New York premises liability lawyers at your side. More importantly, you need an attorney who understands the legal workings of New York courts and can help you present your case to the court in the best way possible. 

When you need a New York premises liability lawyer, you need the attorneys at Roth & Roth. Our attorneys have been practicing here all their careers, and they know all the ins and outs of premises liability law New York has to navigate. Whether you have been involved in a slip and fall, an accident at an office building, or any kind of injury at a commercially owned building, our attorneys can help you out.

New York has a three-year statute of limitations on any non-municipal personal injury claim, which includes most premises liability claims. This statute runs from the date of injury. Despite having three years you need to investigate and get witnesses immediately. Don’t wait until the time is almost up and crucial evidence, witnesses, and video disappears.

If you or a loved one have been injured in a property accident, whether a slip and fall or any type of negligence accident on another’s property, you should have good legal representation. 

Contact our office for a consultation and our team will begin documenting your case right away.

“Roth & Roth were very helpful. They always made me feel comfortable and at ease. They prepared me very well so I wasn’t nervous. I have recommended Roth & Roth to members of my family. And what’s more, I’m happy that even after my case was settled, they still took the time to answer any questions I had.”
Roth & Roth Client
“Roth & Roth fully prepared us during the case and put my family at ease through each step in the case. I would definitely recommend Roth & Roth to anyone who needs caring, competent attorneys who will get the best result and treat you like a person while doing so.”
Roth & Roth Client
“Roth & Roth handled my personal injury case efficiently, satisfactorily and with expertise. I was kept informed every step of the way. I appreciated their support and guidance. All calls were always returned. They were always willing to listen. I was kept apprised of everything about my case. I will recommend Roth & Roth to anyone in need of an attorney.”
Roth & Roth Client
“It was a good experience working with Roth & Roth. They cared about me and the outcome of my case. David is magnificent! Audra is sweet and caring. If I needed to call, and the person was not in, someone always got back to me. I always felt they cared about me.”
Roth & Roth Client
“Working with Roth & Roth was a wonderful experience and felt like they were like family … like my relatives. When David was busy, I spoke to Audra. When Audra was busy, I spoke to David. Everything was explained to me – and no matter how many times I asked the questions, they gave me the answers in a way I would understand.”
Roth & Roth Client
“David Roth is a hard worker. I worked with Audra when she joined the firm. Everything was explained to me and they always answered any questions I had. They were always available for me. I have some friends who looked for lawyers and I recommended Roth & Roth. I will always recommend them.”
Roth & Roth Client