Brooklyn Premises Liability Lawyer
Accidents happen every day. But in the unfortunate event that an accident happens to you, you need to consider your legal rights and responsibilities. A competent accident lawyer can help you develop a strategy for pursuing your claim.
Premises liability cases generally include slip and fall cases, elevator or escalator accidents, inadequate security, amusement park accidents, snow and ice accidents, or animal bites (most often dog bites). If you or a loved one has been hurt, contact a Brooklyn premises liability lawyer today.
Elements of a Premises Liability Claim
Premises liability law usually requires that property owners maintain an obligation to keep their premises safe for those who are legally on their property. Under the law, a landlord or property owner generally has a duty to all those lawfully on their premises to use ordinary care and diligence to keep the property in a reasonably safe condition. This includes safeguarding against dangerous conditions or defects in the property, in such areas as hallways, foyers, stairs, and entrances, for example.
Failure to maintain this duty could result in a civil lawsuit resulting in monetary damages. Damages can include medical costs, lost wages, pain and suffering, out-of-pocket expenses, special damages such as physician’s services, loss of consortium claims, and more.
Some people question why the landlord is responsible, but in many instances, the landlord must be responsible because they are the only individual with the power to control and maintain these areas. The landlord’s foreseeability requires them to take the appropriate duty to minimize predictable risks.
First Steps to Take After an Accident
Following an accident, an individual should obtain a police report and seek medical assistance if necessary. They should also make note of the details of the unsafe condition, including the date, time, location, witnesses, and any unusual circumstances regarding the condition.
Jotting down even the most obvious details can be helpful, because victims may be called to answer questions about the occurrence months, or even years after it occurs. Courthouses are notoriously backlogged with other claims.
A person may be asked to appear at a deposition, where the opposing attorney is permitted to ask questions about a claim, or a trial, where the claim is litigated before a judge, and usually a jury.
Types of Premises Liability Injuries
Types of injuries that may arise in a premises liability case include, but certainly are not limited to:
- Neck/back bulging discs
- Sprains and strains
- Tears of tendons, muscles, or tissues
- Broken bones/fractures
- Neck/back bulging herniations
- Traumatic brain injury (TBI)
- Wrongful deaths
- Many others
An individual can suffer from an affliction that is not listed above. They should seek immediate medical assistance if the injury is a serious one. In less serious cases, someone can contact a Brooklyn premises liability lawyer to help determine what doctor to visit based upon credentials and ability to testify at trial.
Contact a Brooklyn Premises Liability Attorney Today
An individual usually has only three years to file a premises liability lawsuit in New York. Failure to adhere to this statute of limitations will likely result in the claim ever being heard before a New York court. There are several narrow exceptions to the rule.
For instance, if a child under 18 is injured in a premises liability claim, then the law permits a suit on behalf of the child within three years from the child’s 18th birthday. Additionally, a claim against a city or municipality may require a shorter statute of limitations, depending on the circumstances of the case.
Contact a Brooklyn premises liability lawyer who can advocate for you.