Homeowners, businesses, tenants and land owners have a duty to maintain their property in a safe condition. A premises liability claim arises when someone is injured on the property of another person or entity. Typically the injury is as a result of a trip and fall or a slip and fall accident. Slip and fall accidents are very dangerous, leading to serious injuries such as a spinal cord injury, broken bones, contusions, lacerations, or a brain injury. If a slip and fall accident occurs, then that property owner may be legally liable to the victim. Slip and fall accidents are often the result of negligent supervision or maintenance of the property. Such accidents typically happen when the owner of property fails to keep the property free from hazards. When severe injuries occur, the result is not only physical pain, but also financial distress since the victim will likely miss work while facing significant medical bills. If you are in need of a New York Injury Lawyer because you were injured on the property of another person it is important that you immediately contact an experienced Bronx Premises Liability Injury Lawyer who will review the facts of your case and explain to you your legal options, such as filing a personal injury or wrongful death lawsuit against the person who was negligent. Furthermore, if while treating you for your injuries your doctor makes a mistake resulting in a medical malpractice claim, the person responsible for your original injury may be legally required to compensate you for the medical mistake as well.Establishing a Premises Liability Claim
It is important to realize that premises liability can arise in a variety of settings. Hotels, banks, hospitals, restaurants or other buildings open to the public have a duty to provide a safe environment for their customers. Under New York law all property owners have a duty to keep a premises safe.
In order to prove your premises liability claim, the law requires that you establish several facts. You must prove that an unsafe condition existed on the property and that it was the cause of your accident. The best way to show this is through a photograph. In the absence of a photograph, witness testimony can be used to prove that there was indeed a hazardous condition. In the case of an injury at a business, ask a manager to complete an incident report. Make sure you receive a copy of it.
Next, you must show that the property owner was responsible for the hazard. This does not mean that the owner had to have personally caused the hazard. It means that the property owner caused the hazard, knew about the hazard, or should have known about it. You then need to establish that you suffered injuries as a result of the accident. The best way to prove that you were injured is to show that you were treated by a physician immediately after the accident. Your medical records will provide sufficient proof of the nature and extent of our injuries.Types of Premises Liability Cases
While slip and fall cases are among the most common types of premises liability cases, the are many others:
- Snow and ice accidents
- Poor lighting in stairways
- Inadequate maintenance of the premises
- Defective conditions on the premises
- Inadequate building security leading to injury or assault
- Elevator and escalator accidents
- Attacks by dogs and other pets
- Swimming pool accidents
- Amusement park accidents
- Water leaks
- Toxic fumes
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.Bronx Premises Liability Injury 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, PLLC 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.