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Visiting someone else’s property should be a safe experience. Generally, property owners and managers have a duty to maintain their premises in a reasonably safe condition and warn visitors of potential hazards. Failure to perform this duty can cause significant harm to visitors, who may then file a personal injury lawsuit against such property owners for damages like medical expenses, lost wages, and other losses.
If you need help understanding whether your injury can be compensated, contact a New York premises liability lawyer. The offices of Pitta & Baione LLP collaborate with attorneys who are experienced in handling premises liability claims and holding landlords, building managers, and corporate owners to task. As a child, Christopher Baione suffered a severe injury while riding his bicycle due to a defective sidewalk condition. Meeting the judge who handled his case sparked his passion for the law and showed him the power of holding negligent parties accountable. This experience still drives his commitment today to advocating for victims of premises liability.
At Pitta & Baione LLP, we understand how life-changing these accidents can be and are dedicated to fighting for justice and fair compensation for our clients. We can review the claim and if suitable, help you build a strong case against the people responsible for your damages. You do not pay anything unless (and until) we win you compensation through a settlement or a verdict.
What Is Premises Liability?
Under the premises liability law, property owners as well as those who maintain a property, like building managers, have a legal duty of care to keep their space safe for visitors.
Premises liability claims help those injured due to another party’s (i.e. the “property managers”) carelessness or negligence to recover their costs. The burden of proof in a premises liability case is on the visitor, i.e. the harmed party, to show that their injury was due to unsafe conditions within the property owner’s control. Accordingly, a plaintiff must show that:
- A dangerous condition on the property caused the accident.
- The property owner created that dangerous condition themselves, OR that they knew or should have known that the condition existed and did nothing to address the issue.
When Do New York Premises Liability Cases Usually Occur?
Unsure if you have a premises liability claim? If you’re unsure about your rights or the next steps to take after a slip or fall on someone else’s property, we are here to help. A premises liability attorney with Pitta & Baione LLP can review the facts surrounding your case and help you understand what your next steps should be. Remember, you cannot file a lawsuit if you do not know what caused your accident. This is why an investigation is a necessary first step in order to gather evidence to help substantiate your claim.
Below, we have outlined some of the common premises liability cases in New York.
Slip and Fall
The World Health Organization reports that falls are the second leading cause of unintentional injury deaths worldwide. A slip and fall accident may seem simple, but often, it is very serious. From forcing you to take time off work and requiring a lengthy recovery process, a slip and fall can lead to substantial costs. Some of the most common slip and fall injuries include spinal cord damage, nerve pain, herniated discs, fractures, contusions, concussions, and traumatic brain injuries.
Our New York City slip and fall lawyers handle cases involving uneven flooring, debris left at construction sites, failure to warn customers about wet floors, inadequate lighting, worn-out carpeting, uneven stairways, lack of building maintenance, and more. We can help ensure that you are not left paying for someone else’s negligence in running their business or property after a fall.
If you are a construction worker injured in a fall from a scaffold, we can also help you pursue a premises liability claim under New York’s scaffold law. Additionally, if you are a police officer or firefighter injured while responding to an emergency, we can assist you with a claim under General Municipal Law §205-a and e.
Snow and Ice
Property owners in NYC are responsible for removing snow and ice as well as maintaining at least a 4-foot area of clear sidewalk outside of homes and businesses. Failing to put down granular material, such as salt or sand, in order to remove ice can result in fines. If someone is injured because of a property manager’s failure to address weather conditions, they may need to compensate the hurt individual for damages like medical bills, pain and suffering, time off work, and more.
Inadequate Maintenance
Tenants have the right to expect that their building is adequately maintained and all issues are promptly addressed. If your landlord fails to do so and you have been harmed as a result of their negligence, you may be able to hold them accountable to compensate you for the harm done. Examples of issues an inadequate maintenance lawyer can help you address are broken locks, damage done by criminals due to poor security, loose tiles or leaks, broken windows or doors, exposed wiring, rotting floorboards, and broken lightbulbs.
Defective Conditions
Defective conditions often go hand in hand with inadequate maintenance claims, but at times, the problem runs even deeper. Defective conditions occur when a property manager neglects to swiftly resolve a problem, thereby creating a hazardous condition. An example of a defective condition is unsecured handrails that cause someone to fall and suffer from severe injuries.
Dog Bites
A property manager has a duty to prevent their dangerous dog from attacking others in common areas, like building hallways or a shop. A dog owner in New York is held to a strict liability standard for a dangerous dog. This means that a dog owner can be ordered to pay for the financial consequences associated with a dog bite or dog attack, if:
- the dog has a history of aggressive behavior, and
- the victim was not threatening or abusing the animal or its owner.
Elevator or Escalator Accidents
Elevator accidents range from simple to deadly. Smaller accidents might be caused by faulty wiring and defective doors. Serious or fatal accidents might arise due to sudden drops or falls, caught clothing or hair, pulley malfunctions, and improper design or maintenance. Common injuries from elevator or escalator accidents include fractures, severed fingers or limbs, internal organ damage, traumatic brain injuries, and spinal cord damage.
Amusement Park or Swimming Pool Accidents
Amusement parks and swimming pools in New York are meant to help visitors relax and have fun. Unfortunately, carnival rides and amusement parks can cause serious accidents. You might be surprised to learn that in New York City, fixed-site amusement parks are not subject to state inspection. Instead, they are overseen by individual inspectors who cannot be employees of the company, but otherwise may be trained in jobs as diverse as insurance inspectors, engineers, or architects.
An amusement park injury attorney can hold a company accountable for rushed construction, failure to work with a qualified inspector, failure to address safety issues brought up by inspection, poor maintenance, and more. Likewise, swimming pool accident lawyers can help sue a property manager for negligent actions resulting in deaths, drownings, unsafe water park designs, illness from chemical exposures, and similar safety hazards.
Fires
Property managers must address fire hazards in their buildings such as exposed or faulty wiring, flammable chemicals, electrical repair work, leaks from stovetops and ovens, space heaters, e-bike storage, and dryers. A fire accident liability attorney holds negligent property managers accountable when they fail to address these issues or follow safety measures, like installing smoke detectors and ensuring clear and functional fire escapes.
Water Leaks or Flooding
Water leaks and flooding fall under the implied warranty of habitability. This legal standard ensures that property owners keep buildings and apartments fit and healthy for human habitation. Property damage from water leaks and floods can be compensated through a premises liability lawsuit.
Toxic Fumes or Chemicals
If you or a loved one has gotten sick from lead paint, asbestos, mold, chemicals in drinking water, and other kinds of toxic exposures, then you may sue the property manager for such failure to warn or prevent the issue.
Many areas of Brooklyn, Queens, and Manhattan are brownfield cleanup sites due to years of industrial activity and environmental pollution. Your property manager has a duty to warn you about existing environmental issues before you sign a lease. They must also address indoor air and water hazards as well as exposure to toxic fumes or chemicals from building materials or maintenance.
If your loved one has been diagnosed with new illnesses, infections, or cancers, and you believe your premises are to blame, contact an NYC premises liability lawyer today.
How Do Premises Liability Cases in New York Work?
A premises liability case is a personal injury claim where you, the harmed party, must prove that the negligent property manager caused you harm. This means that the accident victim must show that the property manager was acting negligently when they allowed conditions to deteriorate to such a state that a tenant, customer, or visitor was injured.
In New York, you have three years from the date of your accident to file your claim. However, we recommend filing a lawsuit sooner so your attorney has time to prepare a strong case while the evidence is still recent and reliable. Without supporting evidence around how the condition came to occur and the owner’s lack of action surrounding it, premises liability plaintiffs rarely win the full compensation they need.
What Are Common Damages From Premises Liability Cases?
A New York slip and fall attorney can advise you about all the possible damages your specific accident may make you eligible to recover. Common kinds of damages in premises liability cases include:
Medical Expenses
Medical expenses include past and anticipated expenses, like the cost of your initial hospital visit, ambulance ride, diagnostic scans, and treatments, as well as anticipatory costs like follow-up prescriptions and antibiotics, physical therapy, plastic surgery and other expenses related to your recovery. Depending on the severity of your fall or accident, medical expenses can make up a significant portion of a premises liability settlement.
Loss of Income
Damages may include compensation for taking time off of work to recover, such as your missed wages and earning capacity. If you work only sporadically, earning the bulk of your income in certain months, you may be able to calculate the percentage loss for the year by dividing your total annual income into weekly or monthly portions.
Pain, Suffering, and Emotional Trauma
Elevator accidents, drownings, dog attacks, and other such accidents all leave emotional scars on their victims. It is difficult to quantify the cost of trauma without the help of an experienced personal injury attorney, simply because it can seem unnatural to put a price tag on pain and suffering. Our firm understands what constitutes a fair and reasonable settlement offer from a defendant and their insurer following a severe accident, and we can recognize when an offer falls short of adequately compensating our client. We will never let you settle for less than what you have suffered.
Loss of Consortium
Loss of consortium includes things like love, companionship, familial or intimate relations, and assistance with daily activities. Loss of consortium is often calculated in cases when one spouse has lost such relations due to a catastrophic accident.
Loss of Life Enjoyment
After many premises liability accidents, the victim may not be able to return to activities that they once loved. They may have reduced mobility, reduced capacity, or suffer from complex PTSD. This kind of loss of enjoyment of life can also be accounted for in damages from a personal injury lawsuit.
What To Do After A New York Premises Liability Accident
After you have been injured on another person’s property, take the following steps:
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- Seek Medical Attention: Take photos and video footage of the area. Call 911 if necessary or go to an urgent care nearby. You may be suffering from internal bleeding or other issues that may be hard to spot without the help of a trained medical professional. Additionally, you cannot get started with your claim for compensation until after you have seen a doctor.
- Speak to a New York Premises Liability Lawyer: After a dangerous fall, the last thing you need to worry about is filing paperwork on time, gathering evidence, and preparing for a courtroom trial. Pitta & Baione LLP takes the weight off your shoulders and handles all legal aspects of your claim while you focus on recovery.
- Gather Evidence: You need evidence to prove your premises liability claim. Talk to witnesses and ask for their contact information. Your defective property conditions attorney may be able to subpoena footage from security cameras in order to support your claim.
- File a Claim: You will need proof of your injury, where it occurred, how it took place, as well as proof that the responsible party’s neglect led to your harm. A property owner liability attorney can help you identify all of the responsible parties and help ensure that corporate owners and other relevant groups are included in your lawsuit.
How Can a New York Premises Liability Lawyer Help?
A qualified premises liability lawyer can guide you through the legal process and make sure that your claim is filed correctly and within the appropriate timeframe. They will help collect evidence, consult with eyewitnesses, take statements, research supporting case laws, build your legal strategy, and communicate with third parties, such as insurance companies.
At Pitta & Baione LLP, we support NYC accident victims in all that we do and work tirelessly to ensure that our clients get the best possible outcome from their claims. We will guide you through the entire claims process, including pre-trial negotiations and potential courtroom proceedings.
Premises injury legal help is just a phone call away. Pitta & Baione LLP offers a complimentary premises liability case review to all of our new clients. Call us today to learn more.