Brooklyn Premises Liability
A premises liability claim can arise when someone is injured on property that has a hazardous condition or that is improperly maintained. When a person owns property, they must ensure that the property is safe for all who use it. A situation involving premises liability can include an unexpected slip and fall on an icy parking lot or on slippery floors. Additionally, injury accidents on the job such as an injury from a construction accident can also happen because of negligence on the part of the business owner and result in a premises liability claim. Failure to have enough security can also create unsafe situations that result in premises liability. There are a multitude of injuries that can happen during an accident on a property, including a brain injury, back injury, paralysis, head injury, spinal injury and broken bones. If you are in need of a personal injury lawyer because you or a loved one are suffering from an injury that was caused by a hazard on the premises of another person, it is important to immediately contact an experienced Brooklyn premises liability lawyer who will explain to you the process for pursuing a claim against the negligent party.Types of premises liability accidents
Property owners must take reasonable steps to make sure that their property is safe and free from hazards. Common hazards that occur on private, commercial or public property include:
- Defective stairways
- Elevators and escalators that are in disrepair
- Porch or balcony collapse
- Uneven surfaces
- Floor or building collapse
- Snow and ice
- Broken pavement
- Negligent security resulting in assault, rape or other criminal activity
- Debris on the floor
- Inadequate lighting
- Exposure to toxic fumes or chemicals
- Building code or housing code violations
- Falling merchandise in stores
Typically the owner of the property is the person responsible for injuries in a premises liability case. However, oftentimes stores, office business and other commercial properties are leased to tenants. If the property is lease, the property owner might not control the property. Instead the business renting the property has control and would be responsible for the maintenance of the property. If the property is a residential building, then the tenant and the landlord might share responsibility if someone is injured due to a hazardous condition. A contractor working on the premises might also share in the liability.Pursuing damages
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 your 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 and prescriptions. 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 is 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 a family member died as a result of the accident, then his or her personal representative has the legal right to pursue a wrongful death claim.
If you were injured at work, then you may be entitled to workers' compensation benefits. New York's workers' compensation laws state that injured parties are entitled to compensation if they sustain a work-related injury. Compensation often comes in the form of medical expenses, lost income and benefits, loss of ability to earn, and more. However, it is important to note that worker's compensation benefits are limited. Just because the accident occurred at work does not necessarily mean that you are limited to the benefit available through workers' compensation.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 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.