When you are harmed on another person’s property, you may be entitled to compensation for your losses. The area of law known as premises liability holds property owners accountable for injuries that occur due to dangerous conditions on their properties. In order to pursue compensation, you must meet certain legal requirements that a Brooklyn premises liability lawyer can help you understand.
All property owners, managers, and occupiers owe a duty of care to guests or visitors who enter their properties. This means that they must keep their properties reasonably free of obvious and potential dangers. For example, if you visit a grocery store and see that the floor is wet, the manager is expected to post a warning sign or clean up the spill immediately so that guests are not injured by it.
A failure to maintain the property in a safe condition can result in serious injuries, including slips and falls. These accidents are common, resulting in over 3 million ER visits annually and accounting for about 1/3 of all non-fatal injuries in the US. They also cost more than $70 billion in medical bills and lost income.
To file a premises liability lawsuit, your Brooklyn premises liability lawyer will need to establish the following elements.
The defendant must have known or should have known that a dangerous condition existed and failed to take action. This can be proven by eyewitness testimony, photos of the accident scene, security footage, or the testimony of witnesses. A Brooklyn premises liability lawyer will also analyze accident reports and other relevant documents to prove that the hazard was not addressed by the property owner.
Damages in a premises liability case can include medical expenses, lost income, pain and suffering, and more. Your Brooklyn premises liability lawyer will work diligently to gather evidence that supports your claim for compensation.
Your Brooklyn premises liability lawyer will also investigate the property owner’s actions to determine how they might have been liable. For example, if the hazard was caused by a building code violation, your lawyer will examine incident reports, interviews with workers or other contractors, and other documentation to demonstrate the negligence of the property owner.
Insurance companies often employ tactics to deny claims or reduce the value of a settlement. A seasoned Brooklyn premises liability lawyer who specializes in premises liability can identify these strategies and effectively counter them to help you get the compensation you deserve.
New York property owners have a legal responsibility to ensure that their buildings, public spaces, and private homes are free of any dangers that could harm visitors. This is known as the “duty of care.” When property owners fail to meet this duty of care and someone is injured, they may be liable in a premises liability claim. Our Brooklyn premises liability lawyer have a thorough understanding of the laws that specify landowner duties and how to build strong cases for our clients.
Premises liability claims can be based on injuries that occur in any type of building, public space, or private home. They can also be based on injuries that happen in any type of business. Some examples include a slip and fall accident that occurs in a restaurant, store, or apartment complex; elevator and escalator accidents; attacks by dogs or other pets; and construction site injuries from falls and exposure to hazardous materials.
What is Needed to Win a Brooklyn Premises Liability Case?
When it comes to pursuing financial compensation for injuries suffered on another person’s property, the law specifies that the victim must be able to prove the defendant owed a duty of care and failed in this duty. This is usually done through a detailed investigation and the accumulation of evidence. This may include medical records documenting the extent of a victim’s injuries, surveillance footage that can prove the incident occurred on the property in question, and any other relevant information. The investigation should reveal if the property owner violated any building codes, safety regulations, or industry standards.
In addition, victims must be able to show that the property owner had actual or constructive notice of a dangerous condition on the property. This means the defendant knew or should have known that there was a problem and did not correct it in a timely manner. It is possible to show constructive notice if there have been previous incidents related to the same dangerous condition or if there was a history of complaints or violations.
Our Brooklyn premises liability lawyer has extensive experience with a wide range of premises liability matters and have successfully obtained substantial settlements for our clients. Our Brooklyn premises liability lawyer knows how to identify the most important evidence, how to investigate a scene of an accident, and how to communicate with insurance companies and other parties involved in these cases. If a fair settlement cannot be reached through negotiations, our Brooklyn premises liability lawyer will prepare your case for trial and skillfully represent you in court to achieve the best possible outcome for your injuries and losses. Contact a Brooklyn premises liability lawyer today to learn more about how we can help. We offer a free initial consultation.
Whether it’s a store, office building, apartment complex, or friend or family member’s home, property owners in New York have certain legal obligations to keep guests safe. Unfortunately, some property owners fail to meet these obligations and visitors are injured as a result. If you or someone you love has been hurt due to a dangerous condition on another’s property, contact a Brooklyn premises liability lawyer immediately. Our Brooklyn premises liability lawyer has the knowledge to guide you through the legal process, negotiate with insurance companies, and build a strong case that will ensure you receive the compensation you deserve.
What Is Premises Liability?
When people visit a property, they have a right to expect it to be in a safe condition. But if that expectation is not met, injuries may occur. For example, a supermarket owner may not adequately clear the floor of grocery carts or boxes that have been left on the shelves. Similarly, a construction site owner may not ensure the safety of workers and pedestrians by providing appropriate safety equipment or maintaining adequate lighting to prevent injuries.
Negligence on the part of property owners can lead to serious personal injuries, and if you were hurt because of it, you should seek the compensation you need to heal and move on with your life. Our experienced Brooklyn premises liability lawyer specialize in holding property owners accountable for their negligence, so you can get the justice you deserve.
Ensuring Your Legal Rights in Brooklyn Premises Liability
Injuries on private property are far too common, and many of them could have been prevented if the property owner had fulfilled their duty of care. Whether you were hurt in a commercial building, a home, or on the grounds of a public institution like a school, park, or subway station, you may be eligible for compensation to pay for your medical expenses, lost wages, and other damages.
The law defines a property’s duty of care based on its use. A grocery store, for instance, must take steps to secure its doors and windows to protect customers from intruders. Bars and restaurants must hire security guards to keep order in the event of fights, and retail stores should have adequate lighting to avoid accidents caused by tripping or slipping on items on the floor. In some cases, it may be necessary to retain a witness to review the accident and determine if the property owner failed to uphold their duty of care.
A Brooklyn premises liability lawyer will thoroughly examine the facts of your case, interview witnesses, and consult with professionals to build a strong argument on your behalf. A Brooklyn premises liability lawyer will then negotiate with the insurance company to secure a fair settlement or, if necessary, file a lawsuit against the property owner.
Kucher Law Group Injury Attorney
463 Pulaski St #1c, Brooklyn, NY 11221, United States
(929) 563-6780