Brooklyn Premises Liability Lawyers
Brooklyn Premises Liability Lawyers You Can Trust
As a property owner in Brooklyn, you are held to certain legal responsibilities. No matter if it’s your own dwelling, business, or any other kind of site with visitors coming and going, you have an obligation to keep them safe while on the premises. This holds true regardless of the visitor’s purpose for entering the location. Unfortunately though, many times this commitment is not upheld by owners which can lead to injuries as simple as slipping on a loose floorboard or slippery surface.
If you experienced injuries while visiting someone else’s property, you may be eligible to seek compensation. At Rosenberg & Rodriguez, our Brooklyn premises liability lawyers can explain your rights as well as advocate for the reimbursement of all associated costs such as medical expenses and pain and suffering due to the owner’s negligence. Contact us today for a free consultation so that we can help hold the responsible party accountable.
Understanding Premises Liability Claims
Premises liability incidents are not only one of the leading sources of personal injuries, but they often come in the form of slips and falls. The National Floor Safety Institute (NFSI) states that approximately a million people end up needing emergency care due to falling annually- making them far and away the most common cause of hospitalization. But property owners have an obligation to protect against virtually any reasonable danger on their land which could lead to injury, so don’t think slip and fall accidents are all there is. Unanticipated hazards, such as slippery spills or broken tiles, are often the cause of slip and fall mishaps. However, structural imperfections can also be responsible for these awful occurrences. Examples may include shattered stairs, loose handrails, and malfunctioning elevators.
Property owners have a duty to take specific safety measures that are tailored to the type of property they own and its location. For example, an apartment building owner should install locks on all common areas in order to protect the premises from any criminal activity. If these protective steps aren’t taken, then a valid premises liability claim may be brought against them. Conversely, bars and restaurants may need to recruit safety personnel to protect customers from altercations. Dim lighting might even motivate an assailant in a parking lot or service station. If you’re curious about premises liability cases and the laws that specify landowner duties, our Brooklyn premises liability lawyers can offer valuable insight.
Common Causes Of Premises Liability Claims In Brooklyn
Property owners, tenants, and administrators owe a variety of obligations to visitors that can arise in numerous settings, often resulting in claims for damages. Our premises liability lawyers in Brooklyn have represented clients seeking recompense under premises liability laws due to cases such as:
Slip & Fall Incidents
At Rosenberg & Rodriguez, we specialize in slip and fall cases resulting from the icy pavement, cracked sidewalks, uneven or broken surfaces – as well as any potholes or depressions that the property owner should have addressed. Furthermore, if you’ve been hurt due to a hazardous spill at a grocery store that wasn’t cleaned up correctly by the proprietor, don’t hesitate to contact us for assistance. We’ll fight relentlessly on your behalf.
Poor Property Conditions
Poor property maintenance can cause devastating consequences, from broken steps to falling debris and even collapsing ceilings. Inadequate stairwells without handrails or banisters pose a serious risk of injury as well. Property owners have an obligation to ensure the safety of those who visit, if this duty of care is not met, they can and should be held responsible.
Security Negligence
Property owners are obligated to provide a safe and secure environment for their tenants. Are you living in an insecure building where you feel vulnerable to threats such as theft, sexual harassment, assault, or robbery? If so, the owner of that property can be held accountable for any damages sustained by the victims of these dangers. To maintain safety standards and protect those who reside on their premises, it is essential that owners take necessary security measures.
Swimming Pool Accidents
Property owners have a responsibility to ensure the safety of their swimming pools, as even experienced swimmers can be at risk in unsafe conditions. Uninvited guests should also be kept out of the pool area to decrease potential accidents or injuries. Moreover, it is especially important that children not access unsecured pools and take appropriate precautions when around water – parents play an essential role in this regard by monitoring the activities near a swimming pool.
As a pool owner in New York, it is essential that you are aware of the state’s safety regulations. Any pools installed or remodeled after December 14th, 2006 must have an approved security alarm for added protection. Moreover, any inground or above-ground pool should be outfitted with a fence that stands at least 4 feet tall to guard against uninvited entry. Adhering to these standards will not only safeguard your family and guests but also ensure compliance with New York law.
Dog Bites
The American Veterinary Medical Association reports that an astonishing 4.5 million people are victims of dog bites yearly, and 20% will need to seek medical attention as a result. In New York State, pet owners must under all circumstances retain control over their animals and will be held fully accountable for any medical costs sustained by the victim due to a bite or attack; not only this but in many cases, victims may also have legal grounds to pursue further damages through premises liability suit.
An Attack On A Property
Regardless of where you are, no one is ever safe from attack. If a person sustains an injury or even dies on someone else’s property, the owner may be held accountable if they had knowledge of the incident and failed to take action to deter it. In court cases such as these, demonstrating that the proprietor was able to avert but neglected to do so could work in your favor when presenting evidence before a jury.
Lead Poisoning
Unfortunately, many individuals living in New York are exposed to lead on a daily basis and are unaware of the potential harm it may cause. Although everyone is at risk for lead poisoning, tenants who live in rental units tend to be more vulnerable due to older building materials such as water pipes and paint that contain traces of lead. If you or someone close to you has been suffering from an illness caused by exposure to this toxic substance, don’t hesitate to contact us. Our Brooklyn premises liability attorneys can assist with legal counsel regarding your situation; reach out today for further information.
Fires
Neglectful maintenance such as malfunctioning electrical systems, faulty ovens, and stoves provided by the landlord, or broken alarms create a serious fire hazard. Post-fire disaster, our firm tirelessly works to bring those responsible to justice.
Don’t allow yourself to be forced into an inadequate settlement by a defendant or insurance company. We are here for you, striving to secure reasonable reimbursement for your medical costs and lost wages as well as just compensation for physical pain, emotional distress, and any other losses incurred. With our Brooklyn premises liability lawyers providing honest advice and tenacious representation on your behalf, you can go forward with confidence.
How To Prove A Premises Liability Claim In New York
In order to successfully file a premises liability claim, an injured person must demonstrate the following:
- The victim had a legal right to be on the property. An invitation to enter or the owner’s knowledge and acceptance of their presence grant customers an undeniable right to remain on the property. Injuries sustained by a store customer while they were there are prime examples of this occurrence.
- The property owner had an obligation to recognize and mitigate any dangers on the premises, even if they were unaware of them. For example, store owners should routinely check their aisles for potential hazards like clutter or debris. By failing to do so, they are placing visitors at risk and could be held liable in case of an accident or injury caused by the hazard.
- The owner’s negligence caused the victim’s injury. In many cases, the answer to this question is easy. However, it may be more difficult when a victim suffered pre-existing injuries.
Property owners should take the proper action to protect their visitors when they know of a potential hazard. If, for instance, there is damage on the ceiling that could cause it to collapse then either repair it or alert those around not to enter until fixed. The same goes with any liquid spills in shops; clean up immediately and put caution signs if needed. Depending upon the circumstances at hand, sometimes only warning someone can be enough whereas other times more thorough steps must be taken.
Frequently Asked Questions
What Damages Can An Injured Person Receive In A Premises Liability Claim?
At Rosenberg & Rodriguez, our legal team is well-versed in the potential issues that arise from sustaining an injury due to someone else’s careless actions. That being said, we make sure you are aptly compensated for your suffering; here are a few of the remunerations available to claimants who participate in premise liability cases:
- Lost wages
- Disability
- The cost of medical treatment both now and in future
- The money paid for therapy and rehab
- Suffering and pain
- Emotional suffering
- Affected earning capacity
- Drastic lifestyle changes
Premises liability cases render claimants a certain amount depending on the severity of their injuries. Those with minor wounds should anticipate receiving adequate compensation for medical costs. Still, if they have endured long-lasting or life-threatening traumas, the figure can drastically increase.
Who Can Be Held Liable for a Premises Liability Claim?
It is your right to take legal action against the property owner. However, if it turns out that a company manages the property in question, then you may have grounds to sue them as well and hold them accountable for any losses or injuries caused by an accident on their premises. An example of this could be when someone gets attacked while a security company was hired to guard the area- in such cases, they will be responsible for all damages incurred due to said attack.
Despite suffering an injury due to your own negligence, you can still be eligible for compensation in New York State—premises liability claims are a priority here. It’s important to remember that should it be found the incident was partly or entirely caused by you, then the amount of compensation may suffer accordingly. Nonetheless, if another party is deemed negligent in causing harm to you and/or your property, then pursue what is rightfully yours.
Can I File for A Claim If I Suffered Injuries While Trespassing?
In New York and other states, trespassing is a serious offense, meaning the property owner will NOT be liable for any injuries you suffer whilst illegally present on their land. This means that all risks posed by the environment are irrelevant to your legal case – however, certain special exceptions may allow you to file a claim, including:
- The owner of the property was aware of the trespasser: When the owner is aware of an individual encroaching on their property and fails to do anything about it, they may be held liable for any harm that comes to this person.
- Children & trespassing: When kids of an underage age enter someone’s property, and any dangerous elements on the premises entice them and cause harm, then even though they may have trespassed, the owner can still be held accountable for such injuries. This is known as a legal phenomenon.
Contact Our Brooklyn Premises Liability Lawyers Today
Premises liability accidents are a tragic reality that can lead to immense suffering and lifelong pain. From slipping or tripping on uneven surfaces, property owners have an obligation to uphold the law by providing safe conditions for all present at their premises. If any injury or wrongful death is caused as a result of their negligence, they may be held liable for their actions (or lack thereof).
If you are in need of a Brooklyn premises liability lawyer, Rosenberg & Rodriguez is here for you. For years, we have been dedicated to helping injured victims with their cases throughout Brooklyn and beyond; from Manhattan and the Bronx all the way to Nassau, Suffolk counties, and Staten Island. With us on your side fighting for justice, rest assured that your case will receive the personalized attention it deserves. Contact our office today for a free consultation and to get started on your personal injury claim.