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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 still other cases the victim passes away. 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, it is important that you speak with an experienced Westchester County premises liability lawyer who will review your case and help you receive damages that will compensate you for your medical expenses and other losses you suffered as a result of the accident.

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 accidents
  • Negligent or inadequate security

Generally the owner of the property is the person responsible for injuries 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 medical bills and receipts, including bills for doctor office visits, emergency room fees, hospital bills, physical therapy, and over-the-counter and prescription medications.

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 HR 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 his or her personal representative has the legal right to pursue a wrongful death claim.

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 has years of experience 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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