Owning property is a significant investment venture given how property owners can bank on getting a considerable Return on Investment. But there’s so much more that goes into owning property than meets the eye. It’s the legal responsibility of property owners to ensure that they have kept everybody in the establishment safe and that their properties are in good standing. This implies that property owners are legally bound to repair defects and do away with any elements that may pose a danger to others inside the property. In the event your property has defective elements that end up causing an accident, then as the owner of the said property, you may find yourself facing a premises liability suit.
Our Bronx premises liability lawyers see property owners be held liable for injuries or harm sustained due to neglect of property all the time. Do you have proof supporting your premises liability case? If this is the case, then you will have to prove your claim is justified before a judge and/or jury (if the case proceeds to trial) who will approve your claim for compensation and damages suffered. So if you’re involved in such a case, don’t hesitate to get in touch with Cellino Law’s Bronx personal injury lawyers.
What Are Common Causes of Premises Liability Injuries?
In the majority of cases, property owners in the Bronx area find themselves having to deal with premises liability cases that occur as a result of slip and fall accidents. These cases are prevalent during the winter season because of all the ice and snow. However, for the injured person(s) to pursue recompense successfully, they will have to prove the property owner was negligent in getting rid of snow and/or ice. Because of their negligence, a slip and fall accident occurred.
Many property owners approach the winter season with a lot of trepidation and give off a sigh of relief when they don’t encounter snow or ice. Property owners can take steps like clearing the snow and ice from driveways and sidewalks and erect warning signs to avoid accidents like slips and falls from happening.
A Homeowner’s insurance policy typically covers homeowners. For instance, if a roofing contractor were to slip and fall and suffer injuries while on your premises, you will not be held liable for the act of negligence.
Here’s a look at some common causes of property liability accidents:
Trip & Fall Accidents
Accidents of this kind are treated in the same manner as a slip and fall on ice or snow. When dealing with premises liability cases arising from slip and fall accidents, the victim must prove with no reasonable doubt that they sustained some sort of damage or injury due to tripping or falling hazardously on the owner’s premises. The injured party can have an airtight case if they can definitively prove the property owner was fully aware of the existence of the danger but failed or neglected to act on it.
An example of this is tripping on a parking lot pothole that has no warning signs to assist in spotting it and avoid the potential danger. In case you sustain an injury as a result of the slip and fall accident in the parking lot, then the owner could be held accountable.
Hazardous Conditions On The Homeowner’s Property
Anything and everything that poses a danger to the safety of people in the property falls under this category. Potential hazardous conditions on the owner’s property include things like:
- Objects falling from the roof
- Defective stairs and sidewalks
- Household dangers, and many more
In case the property owner fails to put up warning signs to help those in the said property be aware of the danger, then the owner can be held liable for any injuries and harm sustained from an accident occurring.
Fire Outbreak
Fire outbreak incidents are not something unusual, and property owners are sure to be held responsible for damages or injuries sustained if the accident occurred due to their negligent action or lack thereof. A good example of a fire outbreak suit is when there’s an apparent electrical fault, but the owner of the property fails to do the repairs. In the event the electrical issue causes a fire outbreak, then the property owner might be held liable for all damages suffered.
Assault/Attack On A Property:
An individual can be assaulted or attacked at any time and any place. But when it happens, or even one gets killed on the premises, the owner of the said land or building may be held accountable if they were aware of the attack. Another thing that can significantly bolster your case in court is if you find out the property owner had the power of avoiding the attack but did nothing.
Animal Attack
The New York state area has a zero-tolerance policy when it comes to liability laws involving domestic animals harming people. This meaning the animal’s owner will be held liable for any inflicted wounds on the person caused by the owner’s animal. Additionally, the owner of a domestic animal or pet can be sued if they knew the animal(s) posed a danger to others but did not take any action to keep the animal in check or warn the general public.
Common Premises Liability Cases Handled At Cellino Law Firm
Our experienced team of lawyers at Cellino Law has been doing this for years and is more than qualified to take any premises liability claims, including insurance claims. Regardless if it’s a property hazard lawsuit or any type of accident, you can always rely on our attorneys to prepare a solid case on your behalf. Our lawyers also provide their proficient legal services in the following cases:
Slip And Fall Cases
Have you sustained an injury (either severe or minor) as a result of a slip and fall accident on another person’s property? If so, we can provide you with our knowledgeable legal services in case the accident occurred because of the property owner’s act of negligence. Whether the accident happened in a commercial, residential, or industrial property, we can assist you. So consider getting in touch with Cellino Law for professional assistance with your slip and fall claim.
Stair Accidents
We can also tackle stair-related accidents. Did you get injured as a result of a defective staircase? Or did you get in a staircase accident because of poor lighting? If you are in a staircase accident, then the property owner is accountable for injuries suffered as a result. Don’t think twice about contacting our attorneys to come up with the ideal legal course of action to take when seeking compensation.
Lead Poisoning
The majority of New Yorkers have been exposed to lead, which is poisonous/harmful. Rental property residents are especially the victims of lead poisoning regardless of age—there several neighborhoods in the New York state area that have lead paint and lead water pipes. So if you or somebody close to you is experiencing health complications due to lead poisoning, don’t hesitate to contact us today, and our lawyers will deliver top-shelf legal help.
Escalator Accidents
Escalators are used every day by many people without any accidents occurring. But sadly, that’s not to say escalators don’t come with their fair share of risk. Conversely to that, there have been many individuals who have suffered all sorts of injuries as a result of escalator failure. There are times when a person may get stuck on the moving parts and end up suffering severe injuries. If you have fallen victim to an escalator accident, reach out to Cellino Law Now for legal help.
Elevator Accidents
New York is no stranger to elevator accidents. So it can never hurt to be extra cautious every time you use an elevator in New York. Elevators must be designed, maintained, and serviced correctly and made in such a way that it’s durable. If you have sustained an injury as a result of an elevator malfunctioning, contact us NOW, and attorneys will begin working on your case.
Swimming Pool Accidents
Swimming pool accidents can result in severe and, at times, life-threatening injuries. That’s the reason why you are advised to seek compensation for any damages or harm that you or somebody close to you may have suffered because of a swimming pool-related accident. After we have reviewed your case, we will see the ideal legal ground we can use to pursue reimbursement.
Amusement Park Accidents
Although the purpose of amusement parks is letting loose and having fun, amusement park accidents can end up ruining an otherwise terrific time. When these kinds of accidents happen, chances are that people in the amusement park will get injured. In the event you have gotten into an amusement park accident, you can reach out to our lawyers right away for them to take action swiftly. Parks like these must always be properly maintained and any hazardous elements rooted out early.
Negligence In Security
It is the job of a property owner to ensure they have adequate security measures installed on their premise. So if you are living in an insecure apartment and are facing security issues like sexual assault, burglary, assault, or theft, then the landlord of the premises can be held into account for any injuries or harm suffered by a victim on the property. For the sake of tenant safety, landlords are obligated to install advanced security systems on their premises.
Airport Accidents
At Cellino Law, we receive calls like these all the time from people claiming to have suffered an injury as a result of dangerous airport conditions. In case you are in such a situation, then we advise that you get in touch with one of our lawyers right away so that they can begin working on your case. We will provide you with legal assistance concerning the best course of action to take when seeking reimbursement for injuries sustained.
Hotel Accidents
Decided to spend time in a motel or hotel in the Bronx, NY, only for you to sustain some form of injury during your stay? Well, if you or someone close to you has had that happen to them, you can call us to assist in filing a lawsuit to pursue recompense for injuries suffered. It falls under the mandate of motels or hotels to ensure the establishment is safe.
Roof Or Ceiling Collapse
Roof and ceiling collapse cases may not be as common. However, our attorneys are experienced in dealing with such issues as well. So if you suffered an injury because of a collapsed roof, wall, or ceiling, you could get in touch with us for top-tier legal advice. The property owner is the party to be held accountable for negligence and failure to maintain the property.
Scalding & Burning Injuries
As stipulated by law, a landlord is obligated to ensure that the residents have a steady supply of hot water in their houses. Also, the hot water temperature should not exceed 120 degrees. But in the event the temperature exceeds this limit, chances are that the tenants will end up getting scalding and burning injuries. If the landlord does not use the proper equipment for regulating the hot water temperature, then they can be brought charges for negligence.
Municipal Liability
A municipal liability gives a person legal grounds to file a claim if they have suffered injuries or harm while on property owned by the city or county. However, you should bear in mind that suing the municipality will require you to file for a notice of the claim 90 days from when the incident first took place. If you fail to undertake any legal action before the deadline elapses, then your claim will be deemed void.
Elements That Can Result To Premises Liability:
- Attacks from dangerous animals/pets
- Electric hazards
- Insufficient security
- Damaged or uneven floors
- Exposure to poisonous or harmful substances
- Slippery or wet floors
- Poorly constructed or defective staircase
Examples Of Risks That Could Constitute A Dangerous Premises
Different types of risk may be present on a dangerous property. New York state laws stipulate that property owners must act reasonably and responsibly, even if it’s impractical to be aware of every minute detail.
Common dangerous risks on varying properties include:
- Hazardous clutter
- Inadequate security
- Slip/trip and fall hazards
- Poor property maintenance and management
- Structural issues (Poorly designed, constructed, unstable or collapsing structures)
In the event an accident occurs on a property that has the aforementioned hazardous conditions, the property owner can be held into account for injuries, damages, and harm caused.
You should keep in mind that the court will do a comprehensive investigation concerning the issue to ascertain whether the owner of the said property had the means and power to avoid the accident from occurring or not. In the event the resulting accident was due to a flaw in the property, then the owner will be deemed liable,
Can You File An Injury Claim For Inadequate Security Measures?
Here at Cellino Law, we have assisted various people in pursuing recompense for damages resulting from inadequate security measures. Many people who tackle insecurity issues like robbery and assault usually forget the party responsible for any losses or damages suffered because of the incident is the owner of the property. Why? The property owner has an obligation of preventing crime within their premises by having adequate security measures.
One of the top ways of proving negligence in security measures is using the foreseeability principle in crime. If such a crime had never happened before, the property owner has indemnity in such a scenario because they were not at a place to anticipate such an occurrence or act from happening. The only way you can prove the property owner was responsible is if they was aware of the criminal goings in the area and did nothing tom prevent or take legal action.
There are several measures that the owner of a property can take to provide a reasonable amount of security on their property. These measures may include employing professional security personnel, put up security fences and gates, and ensuring that ATMs and parking lots are lit appropriately. More often than not, many people opt to sue the property owner rather than the actual individual(s) who perpetrated the crime. This is mainly because they will run and hide, while the owner of the property will be just there for the taking.
How Can A Lawyer Prove Negligence In A Premises Liability Case In NY?
Bronx city is characterized by the bustling streets that are full of people everywhere. However, in the event, you sustain an injury or any harm, while on another person’s property, you have legal grounds for suing the property owner for any injuries and harm incurred. Remember that to receive recompense, you must prove your injuries or losses you incurred were as a result of the property owner’s negligence. Your attorney must prove:
- The existence of a faulty element on the property/premises
- The property owner had time to fix the defects but failed to
- The owner of the property was aware of the dangers involved
After an accident has occurred, there are property owners who go through the trouble of covering up their mistakes with some shoddy repair job. The reasoning behind this last-minute action is getting rid of evidence that would otherwise prove negligence. Because of this, ensure you have taken lots of pictures and have also taken a video recording of the defective elements to have substantial evidence for your claim.
You should act steadfastly after getting involved in an accident and call our attorneys at Cellino Law so we can begin on collecting and preparing evidence for the case. With these materials in our armory, we can move forward filing the premises liability claim.
What Damages Can You Claim With A Premises Liability Case?
At Cellino Law, we are fully aware of the difficulties that are associated with getting severe injuries resulting from the negligence of another party. That is our motivation and the reason why we will not rest until we ensure you have received the justice plus compensation you so deserve. The following are the various types of compensation that claimants of premises liability cases claim for:
- Lost income/wages
- Permanent disability
- Cost of present and future medical treatment and medication
- Cost of therapy and rehabilitation
- Pain and suffering
- Emotional suffering and pain
- Reduced earning capacity
- Change in lifestyle
The amount awardable to a claimant when it comes to a premises liability claim may vary depending on the seriousness of the injury. For example, if the claimant has minor injuries, the they may get reimbursed a smaller fee for covering the treatment cost. However, the amount would be higher if they have suffered a serious or life-threatening injury.
Who Can Be Liable For An Injury Under Premises Liability Law In NY?
You can file a suit against the property owner, which refers to the owner of the building and land. But in case a corporation is managing the property at the time, then the organization is the one that will get sued for injuries and losses suffered while in the property. A good example of this is when a property owner enlists the services of a security agency to manage the premises, and then a customer gets assaulted on the property. In this case, the security service providers will be liable for all injuries and damages suffered by the client.
If the injuries sustained by the claimant are found to a product of his or her negligence, then they may not meet the criteria for reimbursement, especially if the fault was theirs.
But you ought to take full advantage of how New York acknowledges premises liability claims. You can always pursue recompense so long as the other party was the one responsible. However, you should know that the settlement figure might be reduced by up to 50% if it’s found you were 100% responsible.
Can I Pursue Compensation If I Suffered Injuries While Trespassing?
Trespassing is a major offense in several states, including New York. Understand that the property owner will not be accountable because you are the one at fault. At this point, it doesn’t matter whether it was a dangerous environment or not. But there are unique cases for trespassing and premises liability claims:
- The property owner was aware of the trespasser: In case the property owner was aware of the trespasser and didn’t take any action, they are liable for any injuries suffered by the trespasser.
- Children & Attraction: This only applies when underage children trespass. If the children got attracted by the dangerous elements and got injured, the property owner could be accountable even if the children were intruding.
What Legal Defenses Can A Person Expect To Encounter After Filing For Compensation Of Damages Incurred in Another Party’s Property?
A property owner will typically try all they can to prevent the case from moving forward. They may do a cover-up and claim they did not know the underlying conditions in their property. This is the reason why you need a seasoned attorney by your side – somebody to back you up fighting.
Call Cellino Law’s Bronx Premises Liability Lawyers For A Free Case Review
If you have sustained injuries as a result of negligence or unsafe conditions at another person’s property, you may have legal grounds to seek compensation. Call an experienced and adept lawyer to handle your premises liability claim. You can contact the Bronx personal injury firm of Cellino Law at (888) 888-8888 or via chat service or our online case form.