A property owner or a business fails to maintain safe conditions, and you are injured. As a result, you may have grounds for a premises liability lawsuit. When you are legally on someone else’s property, you reasonably expect that you will be safe. If this expectation is not met and you are hurt, the legal system provides recourse for you. Contact us at Friedman Levy Goldfarb & Green P.C. for a free consultation if this has happened to you.
Many different fact patterns may give rise to a premises liability claim. Here are a few examples:
- A decrepit step on a staircase in your apartment building crumbles. You fall and break your leg and your wrist.
- The parking lot at the Mall at Bay Plaza is still extremely slick three days after the last time it snowed. As you walk from your car into the mall, you slip and fall, suffering a severe back injury as a result.
- You are a guest at a friend’s holiday party, and a dog is let loose and attacks you, causing severe lacerations and permanent scarring.
- You are watching the latest blockbuster hit at the Pelham Picture House when the entire theater catches on fire, and you suffer burn injuries because the smoke detectors have not been properly checked and maintained.
- You are shopping at Garden Gourmet Market when a large wooden crate stacked high above you falls and hits you on the head, causing a Traumatic Brain Injury (TBI).
To prevail in a premises liability lawsuit, your Bronx personal injury lawyer will need to prove that the property owner was negligent in allowing the dangerous condition that caused your accident. Here are the elements that must all be met:
- The existence of a legal duty to the plaintiff. Property owners and businesses owe you and the general public a duty of care to keep everyone safe. For example, if a customer spills a drink in a restaurant, it is up to management to ensure it is mopped up before someone slip, trip, and falls. Likewise, if it snows, property owners and businesses owe a duty of care to passers-by and customers to shovel and de-ice—within a reasonable amount of time.
- The defendant breached that duty. For this element to be met, the property owner must either know or reasonably should have known about the dangerous condition and failed to take reasonable steps to either remove, block off, or warn you of the hazard.
- The plaintiff was injured. A parking lot was still icy three days after a snowstorm. When you exited your car, you slipped and fell and suffered a concussion
- The defendant’s breach of duty caused the injury. There must be a clear, causal link between your injury and the defendant’s breach of duty. In the above example, several people complained about the parking lot– however, it wasn’t addressed. It is clear that this breach of duty caused your injury.
In the aftermath of a premises liability accident, our attorneys at Friedman, Levy, Goldfarb & Green strongly advise that you consult with an experienced Bronx premises liability lawyer as soon as possible. We will inform you about your legal rights and the approximate value of your claim.
If you decide to hire an attorney, we can immediately begin building your case by gathering evidence and ensuring that all legal deadlines are met. Today, many properties are equipped with surveillance cameras that may have captured your accident. An skilled attorney will know how to preserve and obtain that footage to prove what happened.
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For over half a century, we have been aggressively pursuing justice for injured victims here in the Bronx. We understand the steps needed to maximize your financial compensation and work tirelessly as your advocate from start to finish.
If you have been injured on someone else’s property, call us at Friedman, Levy, Goldfarb & Green, P.C. 24/7 to arrange a free consultation with a slip and fall accident lawyer in the Bronx. Because we work on a contingency fee basis, we never charge any fees unless you win your case.