Bronx Premises Liability
A premises liability claim 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 accident or a slip and fall accident. In either case, a hazard such as a spill or debris causes a person to slip or trip and then fall, resulting in an injury such as a back injury or a head injury. The owner or manager of the property with the unsafe condition would be liable to the person who was injured. If you sustained an injury on another person's property, then you should consult an experienced Bronx Premises Liability Lawyer who will be able to explain to you your right to sue the property owner to recover damages, including medical expenses and lost wages.Establishing a premises liability claim
It is important to realize that 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. 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.Types of premises liability cases
While slip 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 show that your injury was caused because of negligently maintained property, in order to recover compensation in a personal injury lawsuit you must also show that your suffered compensable losses. For example, to receive damages for your medical expenses, make sure you keep copies of your medical bills and receipts, including bills for hospital treatment, visits to doctors and specialists, physical and occupational therapy, and over-the-counter and prescriptions medication. A serious injury would likely cause you to miss a days, weeks or months of work, resulting in lost wages and benefits. Be prepared to prove the amount of pay that you lost. Paystubs and statements from your Human Resources department employer should suffice to prove lost wages. Pain and suffering is also compensable in a premises liability lawsuit. Pain may be the physical pain that you endure from your injuries as well as the emotional pain and suffering that includes inconvenience, embarrassment, emotional distress, and mental anguish.Contact the Law Offices of Stephen Bilkis & Associates
In order to pursue a premises liability claim it is critical that you contact an attorney who has the experience and resources to represent you in your lawsuit. The staff at the Law Offices of Stephen Bilkis & 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 us at 1-800-NY-NY-LAW (1-800-696-9529) to schedule a free, no obligation consultation regarding your case. We represent clients in the following locations: the Bronx, Brooklyn, Long Island, Manhattan, Nassau County, Queens, Staten Island, Suffolk County and Westchester County.