Falls happen in everyday places—stores, apartment complexes, parking lots, sidewalks, or even someone’s backyard. But when a sudden fall leads to injury, it’s natural to wonder whether it was simply an accident or the result of a property owner’s negligence. For many people in White Plains and across Westchester County, understanding premises liability is the first step in knowing whether they may have a legal claim.

At the Law Office of Michael Tawil PC, we help injured clients understand their rights after a slip and fall, trip and fall, or other premises liability accident. Here’s what you need to know.

What Premises Liability Means

Premises liability is a legal principle that holds property owners—and anyone responsible for maintaining a property—accountable for keeping their space reasonably safe for visitors. When a property owner fails to fix or warn about dangerous conditions, they may be liable for injuries.

Common hazards that lead to claims include:

• Slippery floors without warning signs
• Uneven or broken stairs
• Poor lighting in walkways
• Cluttered aisles or obstructed pathways
• Cracked or icy sidewalks in White Plains or surrounding Westchester areas
• Unmarked construction or work zones

When these hazards are ignored, an injured visitor may have the right to pursue a claim with help from a premises liability lawyer in White Plains.

Why Not Every Fall Becomes a Legal Claim

While falls can cause serious injury, not every incident automatically creates a viable case. To succeed, the injured person must prove the property owner was negligent. This means showing the owner knew— or reasonably should have known—about the dangerous condition but failed to address it.

For example: tripping because your shoelace was untied wouldn’t support a claim. But slipping on a spill that’s been left on a store floor for hours may point to negligence.

Understanding a Property Owner’s Duty of Care

Property owners must regularly inspect, maintain, and repair hazards on their premises. If they fail to fix dangerous conditions—or warn visitors when immediate repairs aren’t possible—they may be held responsible for resulting injuries.

How Visitor Status Affects Your Rights

Your rights depend on your status on the property:

• Invitees (customers, clients) receive the highest level of protection.
• Licensees (social guests) also receive protections, though slightly less.
• Trespassers generally receive minimal protection, though owners may not intentionally harm them.
• Children may be protected under the “attractive nuisance” doctrine, especially around hazards like pools or abandoned equipment.

What You Must Prove in a Premises Liability Case

To bring a successful claim with a personal injury lawyer in White Plains, NY or greater Westchester, you must show:

• The defendant owned, controlled, or maintained the property
• A hazardous condition existed
• The owner knew—or should have known—about the danger
• The hazard directly caused your fall
• You suffered damages (medical bills, lost wages, pain and suffering, etc.)

The Importance of Strong Evidence

Evidence strengthens your case. Helpful documentation includes:

• Photos or videos of the hazard
• Witness statements
• Incident reports
• Medical records
• Security footage

This evidence can help show the property owner failed to act responsibly.

Common Defenses Used by Property Owners

Property owners and insurance companies often argue:

• The hazard was “open and obvious”
• You weren’t paying attention
• You were somewhere you shouldn’t have been

New York follows a comparative negligence rule, meaning your compensation may be reduced by your percentage of fault. This is why working with a knowledgeable premises liability attorney in Westchester can make a significant difference.

Types of Compensation You May Recover

If your claim is successful, compensation may cover:

• Medical bills and future medical care
• Physical therapy and rehabilitation
• Lost wages and reduced earning capacity
• Pain and suffering
• Emotional distress

In cases involving reckless or extreme misconduct, punitive damages may also be available.

Don’t Navigate a Premises Liability Case Alone

If you were hurt in a fall—whether in White Plains, Yonkers, New Rochelle, Port Chester, or elsewhere in Westchester County—the Law Office of Michael Tawil is here to help. Our team understands how to investigate hazards, deal with insurance companies, and fight for the compensation you deserve.

Contact us today for a free consultation. There is no fee unless we win, and we’re committed to helping you understand your rights after an accident.

Law Office of Michael Tawil PC
81 Main Street, Suite 300
White Plains, NY 10601
(914) 281-1618