Investments in property or real estate can be extremely lucrative when it comes to the return rate that these investments are known for yielding. Yet, it is not an easy task to own or invest in property. As soon as you take ownership of a property, there are laws in place that will require you to maintain the property status and the safety of people or other properties around it. This means that the owner of the property must eliminate defects and conduct renovations if any parts pose a risk to those that use the property and anyone in close vicinity to the property. If you have sustained an injury on a property that is in poor condition, call a Garden City premises liability lawyer to find out about your legal rights.
According to the laws in the State of New York, property owners are liable for damages that are caused when negligence is found to be a primary cause of an accident. Do you have enough proof to uphold a premises liability claim? If this is the case, the steps that follow include proving your case, followed by a jury approving your compensation should your case land up in court. If you are entangled in a case that involves premises liability, call our experienced Garden City personal injury attorneys today.
Table of Contents
What Are The Common Premises Liability Case Types?
Our knowledgeable attorneys at Cellino Law have extensive experience when it comes to premises liability cases, as well as insurance claims. Our reliable lawyers are experienced when it comes to building strong cases when you are caught up in a case involving a property hazard or any other type of accident. Our attorneys are here to provide legal counsel and advice for these types of cases:
Slip And Fall Cases
If you have sustained an injury caused by a slip-and-fall accident on someone else’s property, the severity of your injuries is not important. Once you have suffered an injury, our lawyers are standing by to provide you with legal assistance when your accident occurred due to the negligence of a property owner. We can help you whether your accident occurred in an industrial, residential, or commercial property. If you have experienced a slip-and-fall accident, contact Cellino Law today for professional assistance.
Our law firm also deals with cases linked to stair accidents. Did you hurt yourself due to a staircase that was in a poor condition? Or did you suffer a staircase accident due to bad lighting? If you have experienced an accident on a staircase, the owner of the property needs to be held liable for the injuries you have sustained. Look no further, as our lawyers are here to help you find the best legal route to ensure you obtain the compensation you deserve.
Many people that reside in New York have had exposure to lead. Lead is extremely bad for your health. Just about every person has had some form of lead exposure and poisoning, especially people that reside in rented units. Many of the New York neighborhoods still have lead paint and lead water-pipes. If you or a loved one has developed a complication caused by lead poisoning, contact Cellino Law today, so that our team of attorneys can offer reliable legal counsel.
Many people use escalators on a daily basis without causing any harm to their bodies. However, this doesn’t mean that escalators are labeled accident-free as many people have sustained injuries caused by escalator failure. In certain cases, people have got a body party jammed or stuck in a moving part which has resulted in serious injuries. If you were involved in an accident on an escalator, call Cellino Law for legal advice.
Accidents involving elevators are actually common in New York. For this reason, it is recommended to practice caution when using them. Elevators should be maintained and serviced and designed in such a way that they last for many years. If you sustained injuries due to a malfunctioning elevator, call us so that our lawyers can build a strong case on your behalf.
Swimming Pool Accidents
Accidents involving swimming pools can be fatal. This is why we highly recommend going after recovery for any damages or injuries that your loved one or you may have suffered. After reviewing your case with care, we can highlight important points to make sure you are fairly compensated.
Amusement Park Accidents
Amusement parks are areas that are dedicated to fun, yet accidents can occur while you are trying to enjoy your time. When these accidents occur it is guaranteed that people will sustain injuries. If you were hurt in an accident at an amusement park, call our lawyers today so that we can build you a case. These types of parks must be well maintained and designed to avoid risky elements that may lead to an accident.
Every property owner has a duty to make sure their property is secure. Are you currently staying in a building where you are faced with dangerous threats like theft, assault, sexual harassment, robbery, and more? In these cases, the property owner can be held liable for injuries or damages that victims sustain due to these threats. The property owner must have the correct security measures in place to uphold the safety of residents and visitors.
At Cellino Law, we have frequently received communication associated with people that have been hurt by accidents that result from dangerous or hazardous airport conditions. If you are involved in one of these accidents, we suggest that you contact us as soon as you can. Our lawyers will start working immediately on a lawsuit on your behalf. We will provide reliable legal counsel on the steps you need to take to make sure you are compensated fairly for the injuries you have sustained.
Did you plan a relaxing getaway at a Garden City, NY hotel, only to suffer and injury during your stay? If you or a relative suffered an injury, contact us today so that we can give you guidance on what we need to build a claim so that you receive compensation for your injuries and damages. Hotel owners and their management have a duty to make sure the hotel is safe and well-maintained for visitors.
Roof And Ceiling Collapse
The cases involving ceilings and roof collapse are not common, but we can still assist you when it comes to an accident. Don’t hesitate to contact our law firm for superior legal advice if you sustained injuries from a failing ceiling, roof, or wall. The owner of the property will be held liable for damages if it is found that the roof required repairs.
Scalds And Burns
Laws state that property owners are required to make sure their tenants have access to hot water. In addition to this, the temperature of the hot water should never exceed 120-degrees. If the temperature exceeds this limit, the people that use this water can experience scalds or burns. If the owner of the property has not utilized the right equipment in order to make sure the water temperature is under control, the owner can become responsible for negligence.
This is one of the clauses that provide you with a legal right to claim compensation if you suffer an injury on the property that authorities own. Before you decide to sue a municipality, the first step involves filing for what is known as a “notice of claim” before a set deadline. This is typically 90-days from the date of the accident. If you fail to file your claim within the stipulated deadline, your claim will become null and void.
The Common Risks That Often Result In Premises Liability Claims
Property that is dangerous is a risk to the people that live there in many ways. The statutes of New York state that property owners that own this land must act in a responsible manner, even when it is difficult to notice every hazard associated with the property.
Here is a list of a few of the common hazardous items on different properties:
- Insufficient security
- Trip or slip and fall hazards
- An accumulation of dangerous items
- Inadequate property management and maintenance
- Structural flaws on the inside of the building, such as poor construction, designs, and structures which might collapse
If an accident does occur due to a dangerous condition, the owner can become liable for damages, harm caused, and injuries caused by the accident. It is important to know that courts are required to conduct an investigation about an accident to determine whether the owner could have prevented the accident from happening or not. If the accident resulted from an issue on the property, then the owner can be held liable.
Inadequate Security Measures
Here at Cellino Law, our team has assisted many clients to obtain fair compensation for damages caused by security issues. Many of the people that handle lack-of-security problems such as assault and robbery often are not aware that the property owner should answer to the losses and damage caused by insufficient security measures. This has to do with a law that specifies that property owners are obligated to avoid wrongdoing by making sure there are correct security measures in place.
The ideal way to ascertain negligence when it comes to security involves leveraging foreseeability when it comes to crimes. However, when a criminal incident occurs and this is the first time that it has happened, the owner may have the upper hand since they could not anticipate or avoid the incident from occurring. The best way to establish property owner liability is to prove they are aware of the criminal actions that occur in the area, yet they failed to put the right security measures in place to protect tenants and visitors.
There are many measures that property owners can take to make sure they are providing adequate levels of security. These measures can include hiring security guards, installing security fences and gates, and making sure there is enough lighting at ATMs or in a parking lot. In many cases, it is much easier to sue property owners rather than criminal perpetrators. This has to do with the concealed identity of criminals, while a property owner is easy to locate or find.
How Can A Garden City Premises Liability Lawyer Prove Negligence?
Garden City is a bustling place with people that move around regularly. However, if you sustain an injury on another person’s property, you have the right to sue them and go after compensation for the damages you have incurred. Before you can receive compensation, you need to make sure you have proven that the damages and injuries you have endured were a direct result of a negligent property owner.
Your attorney must be able to show:
- That the condition of the property or parts of the property is poor.
- The owner of the property had more than enough time but still failed to repair any issues on their property.
- The owner of the property was aware of the potential and dangerous hazards.
After an incident, many property owners take significant strides to cover up the evidence with a quick fix. The logic behind a haphazard fix is to do away with any proof that shows negligence. This is why it is important to take a video or capture images of the defect and to gather important evidence to support your case.
It is also highly advisable that you act quickly when you are involved in one of these accidents by reaching out to Cellino Law. We will immediately start working on your case by gathering all the evidence that we need. Once we have everything in place, we will file your claim and go after the compensation that you rightly deserve.
What Type Of Damages Can I Receive From A Premises Liability Claim?
At Cellino Law, we are aware of the potential issues that come about from sustaining injuries due to the negligence of someone else. We will work hard to make sure you obtain the maximum compensation from your claim. Here are a few of the compensation types that a claimant can request in a premises liability case:
- Lost Wages
- Medical treatment costs (current and future)
- Pain and suffering
- Money that you have paid for rehab and therapy
- Emotional suffering
- Lifestyle changes regarded as drastic
- You are no longer able to earn what you once did
The amount awarded in premises liability cases will largely depend on the severity of your injuries. For instance, if a claimant only suffered minor injuries, the sum that they are awarded is usually small to cover the costs of their medical treatments. However, these figures can increase drastically if you suffer from a life-threatening or extensive injury.
Who Can Be Held Accountable For Premises Liability Claims?
You have a right to claim compensation or take an owner of a property to court. However, when there is another company that manages the property, you can hold them accountable for your injuries and losses due to an accident. One of these examples is when the owner of the premises has a contract with security guards or a company to keep an eye on the premises, and someone is attacked there. In these cases, the security business can be held liable for injuries or damages that you suffered if you were attacked.
If a victim sustains injuries due to personal negligence, they might not receive any type of compensation, especially when it is proven that they are responsible for their own injuries.
However, it is important to know that the state of New York takes premises liability claims very seriously. If you are a victim, it is highly advisable to seek compensation provided that you can prove negligence. It is also important to know that the amount of compensation that you receive can be cut in half should a court discover that the incident was caused by your own negligence.
Contact Cellino Law’s Premises Liability Lawyers In Garden City Today
If you have sustained damages or an injury due to negligence or poor conditions on another person’s property, you might be able to go after compensation. Contact an attorney that has the experience and expertise in handling premises liability cases. Call our personal injury law firm in Garden City at (800) 555-5555, or use our online form to tell us more about your case.