Premises liability is the liability of property owners and operators for injuries to visitors to the premises resulting from the property owner’s negligence. Property owners in New York have a legal duty to ensure their property is reasonably safe for visitors and tenants. When an accident or injury occurs because of a hazard existing on the property that the owner knew or should have known about and failed to correct or give adequate warning of, the property owner may be liable in a premises liability claim for compensation. Call a Brooklyn premises liability lawyer at Wingate, Russotti, Shapiro, Moses & Halperin, LLP to discuss your case at (212) 986-7353.
Accidents resulting from owner or operator negligence can occur on commercial and residential properties. Common premises liability accidents in Brooklyn include:
- Merchandise falling from shelves and injuring customers in retail stores
- Slip and fall accidents from liquids spilled in restaurants, bars, and grocery stores
- Elevator accidents in commercial and apartment buildings
- Stair and balcony collapses in commercial buildings or private residences
- Assault due to negligent security in hotels, nightclubs, and parking garages
- Drownings and swimming pool accidents caused by faulty gates or fences, poorly lit pools, design or building violations, or inattentive or untrained lifeguards
- Trip and fall accidents caused by uneven flooring, torn carpeting, or clutter in walkways
- Amusement park accidents caused by mechanical failure, improper operation, or the inherently dangerous nature of rides
A property owner or operator that fails in the legal duty to keep the property safe for invited visitors may be held liable for resulting injuries. To recover compensation, you must prove that the property owner or operator was negligent by failing to keep the property reasonably safe and that you were injured because of this breach of duty.
Not every injury on someone else’s property gives rise to a premises liability claim. For example, if you tripped on your own shoelaces and fell in a grocery store, you would not have a valid premises liability claim. On the other hand, if a large glass jar of pickles fell off a high shelf, hitting you on the head and injuring you, you may have a claim against the owner or manager for negligence in allowing this hazard to exist in the store.
When a visitor is injured on public property because of failure to maintain the property in a reasonably safe condition, there may be several potentially liable parties, including:
- The municipal entity responsible for constructing and maintaining the property
- A private entity under contract to maintain the property
- A manufacturer of faulty equipment or a defective product on the property
If you have been injured on someone else’s property in an accident caused by property owner negligence, you may be eligible to seek compensation for your losses from responsible parties. Damages you may be entitled to claim will depend on the nature and severity of your injuries. Common damages in premises liability claims include:
- Past and future medical expenses
- Lost wages or earnings
- Loss of future earning potential
- Pain and suffering
- Emotional distress
- Mental anguish
- Loss of enjoyment of life
Our experienced Brooklyn personal injury lawyers can investigate your accident to determine fault and liability and secure evidence to support your claim. We can build a strong case based on the evidence, assess the full extent of your damages, and aggressively pursue fair compensation for your losses. Our firm has more than 50 years of experience and a history of success for our clients.
Call Wingate, Russotti, Shapiro, Moses & Halperin, LLP at (212) 986-7353 to speak with a leading Brooklyn premises accident law firm.