Manhattan Premises Liability

When an accident is caused by a hazardous situation or by improperly maintained property, it is a premises liability issue. All property owners have an obligation to make sure their property is safe for everyone who might be on that property. A premises liability case can stem from a slip and fall accident on a staircase, in a pothole or ditch, or on an uneven surface. In addition, slick surfaces are also primary causes of premises liability incidents. When it comes to the workplace, business owners are also responsible for creating safe environments for their employees. A construction accident or other workplace accident can be a situation that involves premises liability. An accident resulting from these incidents can range from broken bones to a back injury and spinal injury or even permanent brain injury. If 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 Manhattan 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
  • Spills
  • Debris on the floor
  • Inadequate lighting
  • Exposure to toxic fumes or chemicals
  • Building code or housing code violations
  • Falling merchandise in stores
Responsibility

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.

Manhattan Premises Liability Lawyer

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 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 us 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:

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1-800-NY-NY-LAW (1-800-696-9529)