Bronx Premises Liability Lawyer
Homeowners, businesses, tenants and land owners have a duty to maintain their property in a safe condition. “Premises liability” is a legal terms that describes a claim that arises when someone is injured on the property of another person or entity. Typically the injury is as a result of a trip and fall or a slip and fall accident. Fall accidents are very dangerous, leading to serious injuries such as a spinal cord injury, broken bones, contusions, lacerations, or a brain injury. If a slip and fall or trip and fall accident occurs, then that property owner may be legally liable to the victim. Falls are often the result of negligent supervision or maintenance of the property. Such accidents typically happen when the owner of property fails to keep the property free from hazards. When severe injuries occur, the result is not only physical pain, but also financial distress since the victim will likely miss work while facing significant medical bills. If you were injured on the property of another person, contact an experienced Bronx premises liability injury lawyer at Stephen Bilkis & Associates to discuss your legal options. You may be entitled to collect significant compensation from the person who was negligent.Establishing a Premises Liability Claim
Premises liability can arise in a variety of settings. Hotels, banks, hospitals, restaurants or other buildings open to the public have a duty to provide a safe environment for their customers. However, premises liability claims can arise from accidents on private property as well, under New York law all property owners have a duty to keep a premises safe.
In order to prove your premises liability claim, the law requires that you establish several facts. You must prove that an unsafe condition existed on the property and that it was the cause of your accident. The best way to show this is through a photograph. In the absence of a photograph, witness testimony can be used to prove that there was indeed a hazardous condition. In the case of an injury at a business, ask a manager to complete an incident report. Make sure you receive a copy of it.
Next, you must show that the property owner was responsible for the hazard. This does not mean that the owner had to have personally caused the hazard. It means that the property owner caused the hazard, knew about the hazard, or should have known about it. You then need to establish that you suffered injuries as a result of the accident. The best way to prove that you were injured is to show that you were treated by a physician immediately after the accident. Your medical records will provide sufficient proof of the nature and extent of our injuries. To learn more about how to prepare your case, contact an experienced Bronx premises liability injury lawyer.Types of Premises Liability Cases
While slip and fall and trip and fall cases are among the most common types of premises liability cases, the are many others:
- Snow and ice accidents
- Poor lighting in stairways
- Inadequate maintenance of the premises
- Defective conditions on the premises
- Inadequate building security leading to injury or assault
- Elevator and escalator accidents
- Attacks by dogs and other pets
- Swimming pool accidents
- Amusement park accidents
- Water leaks
- Toxic fumes
Even if you are able to establish that an unsafe condition led to your injury, you will not receive a monetary award in your premises liability lawsuit if you cannot show that you suffered compensable losses. To receive compensation for your medical expenses, make sure you retain copies of your medical bills and receipts, including bills for emergency room treatment, doctor office visits, physical therapy, over-the-counter medication, and prescription medication. An experienced premises liability injury attorney in the Bronx can help you assemble your records to support your claim for damages.
A serious injury would likely cause you to miss a substantial amount of work, resulting in lost wages. Be prepared to prove the amount of pay that you lost. Paystubs and statements from your employer should suffice to prove lost wages. If your injury resulted in a permanent physical incapacity that left you unable to earn the same amount of money as you did prior to the accident, then you may be able to recover compensation for loss of earning capacity. Proving this may require expert witness testimony.
Pain and suffering are also compensable in a premises liability lawsuit. Pain may be the physical pain that you endure from your injuries. It may also be emotional pain and suffering that includes inconvenience, embarrassment, emotional distress, and mental anguish.
If the victim died as a result of the accident, then certain members of their family as well as their estate may be able to pursue a wrongful death claim.Stephen Bilkis & Associates Can Help
The staff at Stephen Bilkis and Associates is experienced in handling personal injury and wrongful death cases stemming from slip and fall accidents, trip and fall accidents, and other accidents that result from unsafe premises. Contact an experienced premises liability injury attorney serving the Bronx at 1-800-NY-NY-LAW (1-800-696-9529) to schedule a free, no obligation consultation regarding your case. We serve those injured in accidents in the following locations: Bronx, Westchester County, Suffolk County, Staten Island, Brooklyn, Long Island, Manhattan, Nassau County, and Queens.