Premises Liability Lawyer Bronx, NY

A Bronx, NY premises liability lawyer knows that winter in New York is a good time to stay indoors and get cozy by the fire with your loved ones. However, we all must keep commitments during the colder months, and work, school, and running errands all require us to leave the house at one time or another. Slip and fall accidents can happen to anyone at any time of the year, but they are more likely in the winter months, due to slippery surfaces caused by snow and ice. If you have suffered injuries from a slip and fall accident, contact Blitz Law Group, LLP for legal assistance.

National Statistics

According to the Centers for Disease Control (CDC), approximately one million Americans are injured each year as a result of falling on ice and snow. Tragically, approximately, 17,000 of these victims die from their injuries.

There is a chance for a slip or fall anytime there is a wet surface indoors in a location such as a store, or outside on a sidewalk or parking lot. Slips, trips, and falls on snow and ice do pose a serious risk for injury. Some of the more common include:

Broken bones, particularly the wrists, knees, shins, and hips
Concussions or other head trauma from hitting your head on the ground
Herniated discs in the spine, particularly in the lower back
Spinal fractures and other compression fractures
Ligament and muscle sprains and strains

Who Is Liable for Snow Removal

As a Bronx premises liability lawyer knows, under New York law, every property owner, property manager, lessee, tenant, or any other party that has charge of a property is required to clear ice and snow from the sidewalk adjacent to the property. This removal must take place between four to 14 hours after the snow has stopped falling. There are specific stipulations to this law that owners can find on the city’s website. Failure to comply with the law can result in fines.

In addition to fines, a property owner or another responsible party may also be named in a personal injury claim if they fail to clear the snow and someone falls and is injured. Victims can pursue damages for their medical expenses, loss of income, pain and suffering, disfigurement, scarring, permanent disability, and other losses their injuries have caused.

Avoiding Winter Slips And Falls

If you find yourself walking in a slippery area, there are things you can do to help avoid slipping. Always be aware of the footing around you as you are walking. That fluffy snow could actually have a dangerous sheet of ice underneath it. If an area looks too dangerous, consider walking around that area, even if that means crossing to the other side of the street. It can be a good idea to carefully check an area using your foot to see how slippery it might be. Walk slowly and carefully and try to avoid any icy areas.

Contact Our Office For Help

If you do suffer an injury from a slip and fall because of a negligent business or property owner, contact Blitz Law Group, LLP to meet with a skilled Bronx premises liability lawyer and find out what type of personal injury claim you may have.

Types of Accidents

As a Bronx, NY premises liability lawyer can explain, both state and municipal laws require property owners to keep their properties hazard free and safe. This applies to all business and residential owners. If the owner fails to do this and a person is injured because of that negligence, the owner would then be legally liable for any damages those injuries cause the victim to suffer.

There are any number of types of incidents that can occur on a property that can leave a victim seriously injured, however, at Blitz Law Group, LLP, the following are some of the most common that our lawyers have successfully handled for our clients.

Slip and Fall Accidents

These are the most common types of premises liability cases that each Bronx premises liability lawyer at our firm handles. Although slip and fall accidents are often the topics of comedy skits, the reality is that they can result in very serious injuries for the victim. For example, hitting a floor or the ground hard in a fall can cause traumatic brain injuries or fractured bones that can leave a victim facing months of recovery or even permanent disabilities.

Stairway Accidents

Every stairway should have a solidly attached handrail, a non-skid covering on the steps, and proper lighting. Steps should also not be steep. Failure to ensure that any one of these issues is not met can result in a victim falling down stairs and suffering terrible injuries. Brain injuries, neck or back injuries, and even paralysis can be tragic results.

Falling Objects

Unsecured objects can be a serious problem, especially in retail establishments. Piling shelves too high can cause shelves to collapse on top of customers. Too much product piled up can also leave the piles unstable, also resulting in items falling on customers. Victims can suffer broken bones, head injuries, and injuries to the back or neck. Display cases can also cause issues, especially if they are blocking aisles and entrances, and exits.

Security

In addition to ensuring there are no physical hazards on their property, owners also have a duty of care to make sure that they have safety factors in place to protect customers (or tenants) from assaults and other violent acts. Failure to repair security alarms or locks, failure to replace burnt-out lighting, etc., that results in a victim being robbed or assaulted can leave the property owner liable for the losses the event causes the victim to suffer.

Pursuing a Case

If you have been injured in an accident due to the negligence of a property owner, you have the legal right under New York law to file a premises liability lawsuit against the property owner to recover financial compensation for the following:

Medical expenses, including any future expenses if you have been left with any disabilities

Lost wage if you were unable to work while recovering. This also includes future income if you are left disabled.

Pain and suffering
Emotional anguish
Scarring
Disfigurement
Permanent disability

A Bronx premises liability lawyer from Blitz Law Group, LLP can help. Call our office today for a free case evaluation.

7 Premises Liability Cases Lawyers Work On

Premises liability cases refer to legal claims that arise when someone is injured or harmed on someone else’s property due to the property owner’s negligence, as a Bronx, NY premises liability lawyer can explain. No matter what kind of situation you are facing, you may be eligible to recover a large amount of monetary compensation. Here are 7 common premises liability cases that individuals should be aware of:

Slip and Fall Accidents: As one of the most commonly occurring accidents, slip and fall cases make up a large portion of total premises liability cases. They can occur when someone slips, trips, or falls on a wet or slippery surface, uneven flooring, debris, or other hazards on the property. Common locations for slip and fall accidents include grocery stores, malls, restaurants, and sidewalks.
Dog Bites: When dogs injure people, the owner of the animal has liability and must be held accountable in the case of an accident. Premises liability cases involving dog bites can occur when a person is bitten by a dog on someone else’s property, such as a park, private residence, or business establishment.
Inadequate Security: When there is a lack of adequate security on a property, the owner is responsible in case the occupants are hurt in any way. This can include insufficient lighting in parking lots or stairwells, broken locks on doors, or lack of security personnel. Inadequate security cases commonly occur in hotels, apartment complexes, and commercial buildings.
Defective Conditions: Defective conditions on a property, such as broken stairs, faulty handrails, or deteriorated walkways, can pose serious hazards and lead to premises liability cases. If property owners are aware of any hazards on their property, they can be held liable if anyone were to get hurt as a result of the hazard, as a Bronx premises liability lawyer can explain.
Swimming Pool Accidents: Swimming pool accidents can result in drowning or serious injuries, particularly when proper safety measures are not in place. Premises liability cases related to swimming pools can arise from inadequate pool fencing, lack of warning signs, or failure to supervise swimmers. Properties such as hotels, resorts and spas often face these types of premises liability accidents.
Falling Objects: A falling object, such as debris, signs, and building materials can result in serious injuries if they strike an unsuspecting victim. Premises liability cases related to falling objects can occur in retail stores, construction sites, or any location where objects are not properly secured, stored, or maintained.
Elevator and Escalator Accidents: Elevator and escalator accidents can result in serious injuries or even fatalities. Premises liability cases involving elevators and escalators can arise from malfunctioning doors, faulty wiring, inadequate maintenance, or lack of proper warnings. Such accidents frequently occur in places like malls, apartment complexes and large commercial buildings.

A premises liability case can cover a wide range of scenarios. Property owners have a responsibility to maintain safe premises and protect visitors from harm. If you or a loved one have been injured due to the negligence of a property owner, it’s essential to consult with a qualified personal injury attorney to understand your legal rights and seek compensation for your damages. Remember to always prioritize your safety and be vigilant when visiting or occupying any property to avoid potential premises liability incidents. For more information, request a consultation with a Bronx premises liability lawyer from Blitz Law Group, LLP and receive help.

When do I need to hire a premises liability lawyer?

It is highly recommended that you consult with a Bronx, NY premises liability lawyer if you are thinking of filing a claim. If you have suffered significant injuries or damages, face complex legal issues, or encounter resistance from the property owner’s insurance company, a lawyer specializing in premises liability cases can provide invaluable assistance. They have the expertise to assess the strength of your claim, gather compelling evidence, negotiate with the insurance company on your behalf, and represent your interests in court if needed. A lawyer’s knowledge of premises liability laws and experience handling similar cases can significantly increase your chances of a successful outcome.

What are the requirements to file a premises liability claim?

There are several requirements that must be met in order for claimants to proceed with a premises liability claim. These include establishing that the property owner or occupier owed a duty of care to the injured party, that this duty was breached due to negligence or failure to maintain safe conditions, and that the breach directly caused the injuries or damages suffered by the victim. Additionally, it is essential to provide sufficient evidence to support these claims, such as photographs, witness statements, incident reports, and expert testimonies if necessary. Consulting with a premises liability lawyer can help navigate these requirements and ensure that your claim is properly filed.

Who can be sued in a premises liability case?

If you are thinking of filing a premises liability case, you may be able to sue various different parties, depending on the unique circumstances of your case. This may include property owners, property managers, landlords, tenants, or even contractors or maintenance companies responsible for the property’s upkeep. The key factor is identifying those who had ownership or control over the property and determining their negligence or failure to fulfill their duty of care. Consulting with a premises liability lawyer is crucial to assess the liability of each potential party and determine who can be sued in your particular case.

What kind of evidence is persuasive in a premises liability case?

If you want your case to be supported by strong evidence, you need to include a diverse body of evidence. This evidence can include photographs or videos of the hazardous condition or the scene of the incident, eyewitness testimonies from individuals who witnessed the incident or were aware of the dangerous condition, maintenance records showing a lack of upkeep, incident reports documenting previous accidents or complaints about the hazard, and property inspection reports that highlight safety deficiencies. Gathering and presenting this evidence with the help of a premises liability lawyer can significantly enhance your chances of success in your claim.

What kind of damages can victims recover?

In a premises liability case, victims may be eligible to recover both economic and non-economic damages. Economic damages typically include medical expenses, lost wages, rehabilitation costs, and property damage. Non-economic damages cover pain and suffering, emotional distress, loss of enjoyment of life, and other subjective losses. The specific damages that can be recovered depend on the severity of the injuries, the impact on the victim’s life, and the jurisdiction’s laws and limitations. Consulting with a premises liability lawyer will help determine the types of damages applicable to your case and pursue maximum compensation. To find out how you can receive legal services, set up a consultation with a trusted Bronx premises liability lawyer like one from Blitz Law Group, LLP now.