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Westchester County Premises Liability

Although owners of commercial, government and private property have a legal duty to ensure their premises are free of dangerous conditions, each year thousands of people are injured in grocery stores, clothing stores, office buildings, federal and local government buildings, and on private property because owners and landlords failed to properly maintain their premises. While some accidents are minor, others leave the victims with tragic injuries, requiring expensive treatment or lifelong care such as brain injuries, spinal cord injuries, and bone fractures. In other cases the victim does not survive. However, under New York law victims of slip and fall, trip and fall, and other types of property accidents can hold the responsible party legally liable through a premises liability lawsuit. If you or a loved one was seriously injured due to a hazardous condition on another person's property, contact an experienced Westchester County premises liability lawyer at Stephen Bilkis & Associates. With over 20 years of experience winning substantial compensation for injured victims, we are here to help.

Types of Premises Liability Accidents

Property owners must take reasonable steps to make sure that their property is safe and free from hazards. Common situations that may give rise to premises liability lawsuits are:

  • Dog bites
  • Swimming pool injury
  • Inadequate maintenance
  • Children on property
  • Retail store liability
  • Restaurant liability
  • Sidewalk falls
  • Elevator accidents
  • Road design accidents
  • Slip and fall
  • Negligent or inadequate security

Regardless of the type of accident, if you were injured one someone else’s property, you may be entitled to damages. Contact an experienced Westchester County premises liability lawyer.

Responsibility

Generally the owner of the property is the person responsible for maintain the property and would be liable in a premises liability case. However, it is not unusual for stores, professional offices, and other commercial properties are leased to tenants.

If the property is leased, the owner of the property might not control the property. Instead the business leasing the property may have control over the premises and would be responsible for the maintenance.

If the property is a residential building, then the responsibility for a hazardous condition may belong to the tenant, the landlord and perhaps even the owner of the property. In addition, a contractor working on the premises might also share in the liability.

Pursuing damages

Even if you are able to establish that a hazard on another person’s property led to your injury, you will not receive financial compensation if you do not have evidence that you suffered compensable losses. To receive compensation for your medical bills, for example, make sure you keep copies of your bills and receipts for any care you received, including prescriptions and medical equipment. An experienced premises liability attorney in Westchester County can let you know which records you would need to have

A serious injury would likely cause you to miss a considerable amount of work, resulting in lost wages and lost benefits. Be prepared to prove the amount of pay that you lost. Paystubs and statements from your employer should suffice to prove lost wages. Statements from your employer and other human resources records will be necessary to prove that you missed other types of benefits and compensation. If your injury is permanent you may be able to recover compensation for loss of future earning capacity. Proving this may require testimony from an expert.

If a family member passed away as a result of the premises accident, then their personal representative has the legal right to pursue a wrongful death claim.

Contact 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 premises liability attorneys serving Westchester County at Stephen Bilkis & Associates have years of experience handling personal injury and wrongful death cases stemming from accident. 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.

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