Premise Liability Lawyers in The Bronx
Did you slip on untreated ice, trip over uneven pavement, or get hit by construction debris? Hazards are all around us daily and have the potential to cause serious injury. You may have a premise liability claim if you suffered an injury on someone else’s property because of their negligence. It is not always easy to identify the responsible party or prove your claim. However, our Bronx premise liability lawyer can help you hold those responsible for your accident accountable.
What Is Premises Liability?
Premises liability is an area of personal injury law involving hazardous property conditions. Under the law, property owners, managers, occupiers, and landlords must take reasonable precautions to protect the property from dangerous situations.
Common Types of Premises Liability Accidents
Because dangerous property conditions and situations are central to premises liability lawsuits, almost endless types of accidents can happen. However, as personal injury attorneys, we see certain accidents most frequently.
Slips and Falls
The most common types of premise liability accidents are slips and falls. Slip and fall lawsuits and their sister trip and fall lawsuits are among the most common premise liability cases. These can occur under many different circumstances, including:
- Wet floors,
- Uncleaned spills,
- Uneven sidewalks and pavement,
- Loose tile or floorboards,
- Frayed or torn carpet,
- Uncleaned landscape or construction debris,
- Oil slicks,
- Untreated ice and snow, and
- Hazardous puddles.
While a slip and fall may seem minor, they often result in serious injuries such as traumatic brain injury, compound fractures, and deep lacerations. Sometimes, a slip and fall is just an accident, but someone else’s negligence is often the cause. If you think someone’s actions or inactions caused you to slip and fall, a Bronx premises liability attorney can help.
Dog Bites
Most people consider their dogs pets and beloved family members, but in the eyes of the law, they are considered property. If a dog bites or attacks you, you may have a premise liability claim against the animal’s owner.
Other Common Types of Premises Liability Claims
Property owners have an obligation to maintain a safe environment not just from spills and pets but from any condition that can place an individual at risk for injury. Other examples of premises liability claims include the following:
- Swimming pool accidents and drownings,
- Elevator and escalator accidents,
- Roof collapse,
- Falling objects,
- Construction site negligence,
- Parking lot accidents,
- Negligent security, and
- Fires.
Remember, this list is not exhaustive. If you believe another dangerous property condition caused your injuries, our team can help you determine if you have a valid claim.
How to Prove a Premises Liability Lawsuit
Proving your claim may seem simple; you were injured on someone else’s property, and now you are entitled to compensation. However, that is not the case. Proving premise liability lawsuits is often complex and challenging to navigate without an experienced premises liability accident lawyer.
As the injured plaintiff, you must prove four essential elements to be successful with your claim.
Duty
Property owners or anyone in control must keep their property safe. In other words, they must keep the premises reasonably free of hazards. The scope of this duty, however, depends on your visitor classification, which falls into one of the following three categories:
- Invitees. An invitee is owed the highest duty of care because they are not only expected to be on the property but are invited. An example would be a department store shopper.
- Licensees. Property owners still owe licensees a high duty of care, though not to the same extent as invitees. A licensee is invited onto the property for a specific purpose, such as using a grocery store restroom or attending dinner as a guest.
- Trespassers. Property owners owe trespassers the least care and are generally only required to avoid intentional harm. For example, they cannot set a booby trap with the intent to injure trespassers.
Determining your classification is an essential step to successfully proving your case.
Breach
Once visitor classification is determined, you must show that the property owner, manager, or occupier breached that duty by failing to maintain safe conditions reasonably. You must prove the owner knew about the hazard and failed to take reasonable precautions to keep you safe.
Causation & Damages
Finally, you must establish the last two elements: caution and damage. You must prove the defendant’s breach directly caused your injury and that, as a result, you suffered financial loss. Even if you can establish the first three elements, if you did not suffer damages, you may not be able to prove your claim.
Common Injuries in Premises Liability Cases
Because premise liability claims involve infinite situations, the type of injuries can range from minor and temporary to severe and permanent. A premises liability injury can include:
- Fractured bones,
- Traumatic brain injuries (TBI),
- Concussions and other brain injuries,
- Spinal cord injuries,
- Cuts and scrapes,
- Burn injuries, and
- Soft tissue damage.
It is imperative to seek medical treatment immediately following an accident, as some of these injuries may not be immediately apparent.
Potential Damages Available in a Premises Liability Lawsuit
Victims of a premise liability accident can seek a wide array of damages. Each case is unique, and what one plaintiff may be able to recover can vary substantially from someone else. The extent of damages depends on several factors, including injury severity, recoverability, and insurance policy limits.
Economic Damages
Economic damages compensate for tangible financial losses, including:
- Medical expenses,
- Lost wages,
- Reduced earning capacity, and
- Property damage.
The severity of your injuries will impact the amount of economic damages. You can generally prove these damages through evidence such as bills, invoices, receipts, paycheck stubs, and tax returns.
Noneconomic Damages
Noneconomic damages compensate for the emotional toll of an injury, including:
- Pain and suffering,
- Emotional trauma,
- Loss of enjoyment of life, and
- Loss of consortium.
These damages are more difficult to calculate due to their subjective nature. Our attorneys will help you quantify these damages and advocate for what you deserve.
Punitive Damages
In cases of extreme negligence or reckless misconduct, Plaintiffs may be able to seek punitive damages. These are meant to punish the defendant and deter similar behavior. Our lawyers can assess whether punitive damages may apply to your case.
Steps to Take Following a Premises Liability Accident
Feeling scared, confused, and even embarrassed after a premise liability accident is not unusual.
You might be thinking, What do I do next?
Here are four simple steps to guide you in those first moments:
- Get medical attention. No matter the extent of your injury, you should seek medical attention and follow the advice of your doctors. Keep copies of your bills and medical records should you pursue a claim or lawsuit.
- Report the incident. You should always notify the property owner or manager if they did not witness the accident. Letting them know what happened, where, and when is essential.
- Document evidence. If you can, take pictures of the accident scene, including photos of the overall location, the hazardous condition, and your injuries. Collect eyewitness names and contact info and note any nearby video surveillance.
- Consult a Bronx premises liability attorney. Following a premises liability accident, you should consult with a seasoned premises liability accident lawyer soon after to discuss your legal rights and options.
While taking these four steps is just the start to pursuing your claim, they can play a significant role in helping you to present a strong case.
Bronx Premises Lawyer
At Greenspan & Greenspan, our attorneys for premises liability cases have over 30 years of experience helping those injured by someone else’s negligence. Whether you were injured in a fall, bitten by a dog, or hurt in an elevator accident, we are here to help. We have the knowledge and resources necessary to manage your claim successfully. Contact us today to schedule a free consultation.