Why You Need a Premises Liability Attorney
You were in an accident and got hurt. What should you do next? If you aren’t sure, talk with our Brooklyn personal injury lawyers. We’ll ask whether you were in a public or private location? This impacts the claim process. Did you have permission to be there? The answer affects the owner’s responsibilities. What do you think caused the accident? We have to prove there was a hazard that caused you harm.
We always thoroughly investigate the accident. Even if you know what happened, like slipping on a spill, we need evidence. During our investigation, we also look for violations of the New York City Building Code. If the owner or manager were breaking the law, it could help your case.
Our premises liability lawyers will use evidence of the property hazard, the owner’s actions, and your injuries to demand compensation. There are multiple elements in a premises liability claim, and we’ll prove each one. We have experience proving owners or managers didn’t protect their guests from harm and winning excellent compensation for our clients.
Over the years, we’ve won million and multimillion-dollar settlements and court awards. While we can’t guarantee your case is worth a certain amount, we promise to fight for the maximum compensation. Please feel free to ask us how we’ve handled similar cases to yours and the results we achieved.
We Know New York Premises Liability Law
What’s most important after an accident is getting medical help. The second most important step is talking with a premises liability attorney about the law. Premises liability law is complicated. A lot of factors will influence how we handle your case.
Property owners in Brooklyn are responsible for providing a safe environment and protecting their visitors from preventable harm. It’s called a duty of care. To win compensation, you have to show the owner or manager didn’t provide a safe environment, and you were hurt.
We keep mentioning property owners and managers. That’s because what matters is who controlled the property. It might be the owner, a property manager, or a commercial tenant. We’ll find out who was in charge of keeping you safe. That way, we file a claim against the right person or business.
It matters whether you’re going up against a private company or a government entity. If you were hurt in a public location, you might have an administrative claim first. Under New York City’s Administrative Code, you have 90 days to file a notice of claim with the right agency.
It also matters if you were trespassing. Property owners only have to take reasonable steps to protect people who had permission to be on the property. If you were violating the law by being there, it’s a different standard.
Common Premises Liability Cases in Brooklyn
We often handle cases involving:
- Slip and fall accident
- Stairway accidents
- Elevator accidents
- Escalator accidents
- Negligent security
- Amusement park accidents
- Hotel/Motel accidents
- Airport accidents
- Ceiling collapse
- Construction site accidents
- Burning and scalding injuries
- Public property accidents/municipal liability
- Lead poisoning
- Dog bites/other animal bites
Common Injuries From Property Accidents
We’re here to help when you or a loved one are recovering from:
- Broken bones
- Neck, shoulder, and back injuries
- Dental injuries
- Lacerations, scarring, and disfigurement
- Herniated or ruptured discs
- Soft tissue injuries
- Traumatic brain injuries
- Spinal cord injuries
- Complete or partial paralysis
- Nerve damage
- Amputation
- Crush injuries
- Internal organ damage
- Psychological trauma
Elements of Your Premises Liability Claim
To win your premises liability case, we’ll use evidence to prove:
- You were on the property legally
- The property owner owed you a duty of care
- There was a hazardous condition on the property
- The owner knew or reasonably should’ve known about the hazard
- The owner failed to protect you from or warn you about the hazard
- You suffered an injury
Premises Liability Compensation
You might have a right to compensation for your:
- Medical bills
- Lost income and benefits
- Pain and suffering
- Emotional distress
- Disfigurement
- Disability
- Reduced earning capacity
- Lower quality of life
Expect These Property Owner Defenses
When you file a claim, expect the owner or manager to fight back. They won’t want to pay you for your injuries. We highly recommend hiring a premises liability attorney to be ready for these defenses.
The owner may claim:
- You were a trespasser
- They didn’t know about the hazard
- You knew the risks of coming onto the property
- The hazard was obvious, and you could’ve avoided it
Let’s take a closer look at one of those defenses – whether the owner knew about the hazard matters. If the owner knew, that’s called actual notice. But a property owner or manager can’t protect you from something they don’t know about. The question becomes whether the owner reasonably should’ve known about the danger, which would be called constructive notice. In that case, you could still win compensation.
Another defense is comparative negligence, which comes up when the owner or manager claims you were partly at fault. New York has a pure comparative fault rule. If you were somewhat to blame, the insurer or court assigns you a percentage of liability. Your compensation is reduced by that percentage, no matter how high it is.
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