Suffolk County Premises Liability

A premises liability claim arises when someone is injured on property owned by another person. The property involved may be any type of premises including a private residence, a retail store, a government building or an office building. Accidents that lead to premises liability claims tend to be “slip and fall” or “trip and fall” accidents. A slip and fall accidents involves someone falling down and suffering an injury. Such an accident is a “slip and fall” accident when the accident is caused by a liquid, icy or some other slippery substance. A “trip and fall” accident occurs when debris or a foreign object causes the fall. Even accidents on the job like a construction accident cases can be caused by dangerous and unsafe conditions. There are many different types of injury result from a slip and fall accident or another type of premises liability accident such as a back injury, head injury, spinal injury, or 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 Suffolk County 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.

It is also important to understand that the level of responsibility of the property owner may depend on how the person who enters the property is classified. There are a few basic forms of classifications for people who enter a property. These are: invitee, the licensee and a trespasser. An invitee is an individual who has an invitation to come on to a property. This can be a formal invitation or implied as in the case of a movie theater. A licensee is an individual or group of individuals who are allowed to enter onto a property, mostly for business purposes. The last is the trespasser. This is a person who enters a building or property without the owner's permission.

Pursuing damages through a personal injury claim

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.

Suffolk County 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)