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Queens Premises Liability

New York law requires that the owner of premises keep them in good repair or warn of an unsafe condition so that those entering the premises will not be injured. If the owner of property fails to keep it in good condition and as a result someone is injured that person has the right to file a claim against the negligent property owner and demand compensation. Injuries from slipping and falling on a wet or slippery surface, from tripping on an uneven pavement, or from falling down a hazardous staircase can be severe. Such injury may include injuries to the head, the brain, broken bones, fractured ribs, internal injuries, and cuts and bruises. Such injuries will require expensive treatment and may result in you missing work for an extended period of time. If you are in need of a personal injury lawyer because you or a loved one are suffering from a serious injury that was caused by an unsafe condition on another person's property, it is important to immediately contact an experienced Queens premises liability attorney who will make sure that your legal rights are protected.

Types of property

Property owners must take reasonable steps to make sure that their property is safe and free from hazards. This requirement applies to commercial property such as stores, restaurants, gyms, and offices. It also applies to place of amusement such as indoor or outdoor amusement parks, movie theaters, and bowling alley. Government property is not exempt. The requirement applies to courthouses, Post Offices, the DMV, and the Social Security office. It even applies to private homes and to private yards. Property owners must keep both the interior and exterior of their property safe including parking lots, sideways, and driveways.

The person responsible for keeping the property safe is typically the owner. However, if property is leased, the person leasing the property may be responsible instead of or in addition to the property owner. If a contractor is working on the property, that person may be responsible for ensure the safety of the property.

Types of hazards

Common hazards that occur on private, commercial or public property include:

  • Defective stairways. This may mean that a stair is loose or uneven. It may mean that the carper on the stairs is in disrepair. A common hazard on staircases is a loose or broken rail. Another hazard in a stairway is poor lighting, making it easy for people to lose their footing and fall.
  • Sidewalk. Sidewalks that are cracked or that are uneven are dangerous.
  • Floors. Property owners must make sure that the floors are clean, dry and free of debris. For example, a slip and fall accident occurs when a floor is wet or slick. If the property owner knew or should have known about the hazard and someone slips and falls, then the property owner may be legally liable.
  • Snow and ice. Property owners are required to clear snow and ice from their property, including sidewalk, driveway, and parking lot in order to prevent people from slipping and falling.
  • Negligent security. Property owners are also required to make an effort to keep people safe from criminal activity. This may mean that there must be good lighting, security cameras, locked doors, or security guards.
  • Porch or balcony collapse. Not only must porches and balconies be kept in good repair, property owners must make an effort to ensure that balconies are not overcrowd. There have been serious accidents that involved too many people on balconies, causing them to collapse.
Pursuing damages

Those are injured on another person's property after falling on a wet floor, being hit on the head by falling merchandise, or by tripping on an uneven surface in a parking lot, can suffer injuries that are quite serious. Serious injuries require expensive treatment. This means that you will face substantial medical bills. The law agrees that if your injury was caused by another person then that person should pay for the expenses you incur because of the accidents. These expenses include medical bills, lost wages, and loss of future earning capacity. Other compensable losses include the physical pain, emotional distress, and mental anguish you suffer.

If you were injured at work, then you may be entitled to benefits from your employer's workers' compensation plan. However, even if you were at work when you were injured it may be possible that you are eligible to receive compensation above workers' compensation benefits.

If a family member died as a result of a hazard on another person's property then that person's personal representative has the legal right to demand compensation in a wrongful death claim.

Contact the Law Offices of Stephen Bilkis & Associates

Whether your were injured at a store, in an office building, at a government building, or on your neighbor's property, you may be entitled to compensation to help cover your medical expenses and other losses you faced. 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.

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