Bronx Premises Liability Attorney
When you are shopping, visiting with a physician or attending a concert, you expect to be safe while on someone else’s premises. However, thousands of people are injured every year because of accidents that occur in public locations. If you are one of the victims of these types of accidents, a Bronx premises liability lawyer can ensure you are reimbursed for medical costs, lost wages, and other financial damages.
Premises Liability Law
A property owner has a responsibility to ensure their property is safe when they have invited other people to visit. Premises liability occurs when a property owner has failed to ensure their property is safe for visitors. Wet floors, poor security and dangerous staircases can cause visitors to a facility to lose their balance, be assaulted or suffer from broken bones and other serious injuries. Liability for injuries can also involve public playgrounds, personal property as well as dangerous public sidewalks.
Types of Premises Liability Accidents
Accidents sometimes happen and regardless of how well properties are maintained, some people fall and are injured. Unfortunately, in many cases, it is not because someone simply was clumsy, instead it is because the property owner failed to take the proper precautions. Some of the common types of accidents that can occur include:
What are some examples of premises liability in the Bronx?
Several types of accidents fall under premises liability.
Some examples include:
- Slip or trip and fall accidents can happen on wet floors, icy sidewalks, or when you trip over something. For example, if a store employee leaves boxes in the aisle while restocking and one of the boxes is sticking out further than the others and you trip and injure yourself, you might have a trip and fall case.
- Dog bite accidents sometimes also fall under premises liability if the owner does not warn you that they have a dangerous dog or that the dog has been known to be aggressive toward guests.
- Burn injuries happen when a building catches fire and the property owner hasn’t marked the exits clearly or doesn’t have fire alarms or sprinkler systems. Burn injuries can also happen due to boiler room malfunctions or because you touched a hot surface that wasn’t clearly marked as hot. If the property owner stores hazardous materials improperly, you could also suffer chemical burns.
- Safety issues happen when a property does not have adequate security. For example, if a mall parking lot does not have enough light and someone assaults you when you are walking back to your car, you might have a premises liability claim against the mall owner since they did not provide adequate lighting.
Where Can Accidents Happen?
Accidents can happen in any location but some of the more common areas where people suffer personal injury include shopping centers, parking garages and public playgrounds.
- Shopping centers – Merchandise falling from shelves, untended and unmarked wet areas can cause serious injury to shoppers.
- Parking garages – Poorly lit parking garages that offer no security can be perfect hiding spots for muggers and those who wish to inflict bodily injury on strangers.
- Public playgrounds – Poorly maintained playground equipment, unattended swimming pools and other hazards found on a playground can result in a child being seriously injured.
- Other public areas – In some cases, victims who have suffered illnesses because of toxic fumes, fallen because of poorly maintained stairwells or accidents involving poorly maintained elevators.
If you are legally on someone else’s property and you get hurt because of the property owner’s negligence, you might have a premises liability case. This is true whether you were on private property or commercial property, and even if you were trespassing but the property owner knew about it and allowed you to stay on the property. A common scenario is when someone is working on the property and is injured because of the property owner’s negligence.
If you were injured on someone’s property, whether because you slipped and fell, were bitten by a dog, suffered an illness because of a toxic chemical, received burns, or even because you were assaulted on a property due to inadequate security, you may have grounds for a premises liability claim. Contact the Bronx premises liability attorneys at Diamond Injury Law for a free case evaluation.
What do I do if I suffered an injury on someone’s property in the Bronx?
If you are injured on someone else’s property, let the property owner know immediately. Take photos of the accident scene if you are able. You might have to prove the property owner was negligent, and pictures can sometimes help paint a clear picture of the situation. Ask the property owner for their property insurance information.
After you notify the property owner, seek medical attention for your injuries, even if they seem to be minor.
Finally, contact a premises liability attorney as soon as possible. There are relatively short deadlines to file an insurance claim or a premises liability lawsuit, so the sooner you start the process, the better.
Are certain activities exempt from Bronx premises liability laws?
Certain activities, because they are inherently dangerous, are exempt from premises liability laws. Those activities include hunting, fishing, skiing, horseback riding, boating, trapping, sledding, riding a bicycle, riding any motor vehicle for recreational purposes, training dogs, and certain other activities.
Determining Fault in Bronx Premises Liability Cases
Before a liability case can proceed with your case, they must be able to demonstrate that a property owner was at fault. For example, if you are in a supermarket and the person in the aisle with you drops a bottle of vinegar and you fall, the owner of the market is not responsible because they could not have known the floor was wet. However, if a floor was washed an hour ago and water has pooled in a certain area and it remains unmarked, they may be liable for your injuries.
Regardless of what types of injuries you have suffered, you have the right to be compensated for your medical care, lost wages and follow-up care. If you have been injured on someone else’s property and you believe the accident could have been prevented had they exercised proper care, contact Attorney Ivan M. Diamond, a Bronx premises liability lawyer at 877-960-1702 immediately. Under New York laws, you have only two years to file a suit and the sooner you meet with an attorney, the sooner you can recover financially from your losses.
What do I tell the insurance company after a Bronx premises liability claim?
When you call the property owner’s insurance company, give them your name and contact information, the date and location of the incident, and your attorney’s contact information. The insurance representative may try to ask you more questions about the incident. Simply refer the insurance company to your attorney. Insurance companies look for any reason to deny your claim or make a minimal settlement offer. They’ll use anything you say against you by twisting your words. Attorneys know how to deal with this tactic, so it’s better if your attorney gives the insurance company the facts.
What is a preponderance of the evidence and why does it matter in a Bronx premises liability case?
In New York, an injured plaintiff has to prove that the property owner was negligent to win their premises liability case. However, you only need to show that the property owner was more than likely negligent, not definitely negligent. Even if you don’t think you have a great case, contact our premises liability attorney. The law is complicated, and you might have a better case than you believe. Let us help you decide whether to pursue your case.
What do I need when I schedule an initial consultation for a Bronx premises liability case?
When you come in for an initial consultation for a premises liability case, you should bring a list of questions to ask the attorney. You might not remember to ask everything you want to know unless you write it down. You should also have photos of the accident scene if you took photos. Additionally, if you have invoices for medical expenses or other expenses related to your accident, you should bring those. Be prepared to give your attorney a list of your medical providers and the contact information for the property owner and their insurance company, if possible.
How long do I have to file a Bronx premises liability lawsuit?
In most cases, you have up to three years to file a premises liability lawsuit. However, if someone died because of the incident, you have two years to file the lawsuit.
While this may sound like a long time, it will pass quickly. Between negotiations with the insurance company and the time it will take your attorney to conduct an investigation and prepare your claim, a case takes some time to get ready to file. Additionally, the more recent the incident is, the more likely you are to remember the facts and relevant details of the incident. If you wait, you might forget pertinent facts, which could cause you to lose the case.
If you suffered injuries in a premises liability case, contact the Law Offices of Ivan M. Diamond for a free case evaluation as soon as possible. Even if you are still in the hospital after an accident, contact us. If you can’t come to us, we’ll come to you or arrange for a video chat.
The Law Offices of Ivan M. Diamond888 Grand Concourse #1L Bronx, NY 10451 Phone: (718) 588-2000 Ivan M. Diamond is available for home and hospital visits, as well as weekend and evening appointments.
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