When an accident or injury occurs to a visitor or tenant on another person's property, the owner of the property may be liable (legally responsible) if it can be proved that their negligence led to the injury. If you've suffered an injury of this type which you believe may be the result of the negligence of another person, you may be able to file a lawsuit to recover the costs involved to pay for your medical bills, any lost earnings or other pain, disfigurement, emotional distress or permanent physical disability you have suffered.
Premises liability is made up of several categories (here are a few examples):
- Slip, trip and fall accidents
- Dog bites or maulings
- Burns caused by excessively high domestic hot water
- Burns caused by exposed radiators and pipes
- Burns caused by fire
- Exposure to toxic or hazardous substances such as lead or mold
- Improperly installed appliances
- Elevator malfunctions
- Escalator malfunctions
- Defective gates or fences
- Defective playground equipment
- Defective design, installation or construction
- Failure to provide proper entry and exit from a building
- Failure to maintain fire detection and prevention equipment
- Failure to maintain recreational equipment, fields, trails and apparatus.
- Failure to maintain equipment on your premises
- Failure to disinfect manicure/pedicure equipment leading to infection
In cases involving premises liability, plaintiffs must prove that the property owners either failed to maintain the property or created unsafe conditions which caused the injury, knew about the unsafe hazard but didn't alert visitors or tenants to this fact, they were not careful concerning unsafe conditions which might attract children, or took actions or neglected conditions that caused damage to a neighboring property.
Most premises liability cases fall into one or two major categories: a notice case or a "cause and create" case. The best example of a notice case is the dropped banana peel in the grocery store. If a child just dropped the peel and 2 seconds later a person slips on the peel, the store is not responsible. The store did not have "notice" neither actual (someone from the store saw the peel on the floor) nor constructive (the peel was not there long enough that someone from the store should have seen the peel). Take the same example but the peel has been on the floor long enough for the peel to turn brown. It could be argued that the store had constructive notice because it takes a long time for a peel to turn brown. That means that a reasonable grocer had an opportunity to discover the peel on the ground. A "cause and create" case involves a property owner who caused or created a condition leading to an injury. For example if the grocery store put too much wax on the floor making it inherently slippery or dangerous, the grocer caused or created the unsafe condition and therefore notice is not a requirement.
No matter how, why, where or when you fall, it is ALWAYS important to report your accident. If possible report your accident to a manager, employee, security personnel or even the police.
We may need to retain experts to photograph, document, or test the condition that caused your injury. It may be important to conduct the investigation as soon as possible. The party responsible for the condition that caused your injury may correct the defective condition soon after your accident. If this happens, testing at a later time may prove less effective. The experts will also be familiar with relevant codes (for example building codes) that may provide a guideline for the appropriate level of care.
It should be noted that there may be a component of comparative or culpable conduct. In other words, there may be a percentage of blame referable to the injured parties actions or inactions (failure to look where they were going etc.).Experience
Our attorneys worked for major insurance companies as well as the City of New York before becoming plaintiff's lawyers. They know how insurance carriers and municipalities investigate, work up, negotiate and defend lawsuits. After approximately a decade of defense representation the attorneys began representing people who suffered serious injuries. They have been representing injured parties for more than 10 years.A Sampling of Cases We Have Handled
A man was injured while snow tubing. Prior to the accident a fence/net had been removed. The fence/net prevented riders from going over an embankment and falling down into the parking lot. The client suffered a fractured skull.
A man was injured when a sidewalk elevator plummeted to the pit 2 stories below street level. We retained an expert and gained access to the accident site before the elevator was repaired or placed back in service.
An elevator continually mis-leveled. The problem had been going on for many years. The components of the elevator were continually repaired rather than replaced due to the expense involved. The mis-leveling created a tripping hazard.
A man lost 2 of his fingers due to rollers on a gate/fence that were defective. The gate was not properly installed. The owner of the property was responsible because the condition was present when he leased the property to the current tenant.
A young boy was injured on a swing set located on school property. The school district failed to properly maintain the equipment. The chains were rusty and exposed hooks were present.
A woman fell down a flight of stairs. The lighting was poor and there were no handrails.
A man was riding a horse at a dude ranch. The ranch personnel placed the saddle and rigging on the horse. The guests were not permitted to touch or adjust their saddle or the rigging. While riding the horse, the saddle came off.
A man was tubing at a ski resort on a groomed tubing trail/lane. An ice boulder built up as the day went on. His tube struck the boulder, he was ejected and suffered severe injuries. The first resort personnel on the scene said "I have been asking the grooming crew to remove that ice boulder for hours".
A man working in a factory was injured when his arm was pulled into machinery. The machinery lacked the appropriate guard. Additionally, the machine maintenance company did not provide appropriate training or instruction regarding the operation of the machinery.
A woman developed multiple infections in her nail beds following a manicure and pedicure. The nails had to be surgically removed and the infections had to be treated aggressively.Medical Bills
Our firm understands that your immediate goals after going through such a traumatic experience are to get the best medical care possible, make sure that your medical bills are covered, and make sure that you do not suffer financially through any lost wages. Our experienced attorneys will discuss your situation and go over the options available to you, as well as work with insurance companies and other parties involved in your case to make sure all your needs are handled quickly and appropriately. Time is short, do not delay, contact us or call us.
Our firm represents clients located in Brooklyn, The Bronx, Queens, Manhattan, Staten Island, New York State and many other states (New Jersey, Connecticut, Pennsylvania, Massachusetts, Georgia, Florida, Colorado, North Carolina, and California, and we will handle a case in any state provided we can do so in full compliance with court rules regarding multijurisdictional practice, association of local counsel and/or admission pro hac vice) who have suffered injuries or death as the result of premises liability.
If you or a loved one has been injured, CONTACT US ONLINE OR CALL US AT (516) 742-8897= (516) PIATTYS in Long Island, (212) 267-9377= (212) ANSWERS In Manhattan TO SET UP A FREE CONSULTATION. If you can't come to us, we will come to you in the hospital or we will visit you in our mobile office.