Advocates for Premises Accident Injury Victims in Brooklyn
Premises liability is the accountability of property owners and operators for visitors' injuries while on the premises due to the property owner's negligence. New York property owners 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.
Wingate, Russotti, Shapiro, Moses & Halperin, LLP, has been around for over 50 years and has been recognized by the Million and Multi-Million Dollar Advocates Forum. Our lawyers bring experience, compassion, and results.
Speak to one of our Brooklyn premises liability attorneys at (212) 986-7353 to discuss your case.
Where and How Do Premises Liability Injuries Occur?
Premises liability accidents happen because property owners fail to identify and remove potential hazards. It's essential for business owners, managers, and employees to regularly inspect their premises for risks that may cause harm. Unsafe conditions should be eliminated as quickly as possible, and warning signs must be posted to protect visitors from hazards such as wet and slippery floors.
When hazards are not identified and addressed quickly, the risk of an accident increases. Unsafe conditions that cause premise liability accidents include loose carpets, poor lighting, exposed electrical wiring, and obstructed pathways. Environmental factors such as snow, ice, or rain also create dangerous conditions that must be promptly addressed.
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
- Elevators, escalators, and moving sidewalks at malls, airports, condos, apartments, and other 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
- Negligent security at businesses, apartments, offices, and other locations
- 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
Determining Liability When a Visitor Is Injured on a Brooklyn Property
A property owner or operator who fails in the legal duty to keep the property safe for 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.
However, 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
What Damages Are Recoverable in a Brooklyn Premises Liability Claim?
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 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
Negligent Security and Premises Liability Injuries
Negligent security is a serious concern in premises liability cases, especially in urban areas like Brooklyn. Property owners have a duty to provide a safe environment for visitors and tenants. When they fail to implement adequate security measures, such as working locks, surveillance cameras, and well-trained security personnel, property owners can be held liable for injuries that occur.
Victims of assault, theft, robbery, and other crimes may have grounds for a premises liability claim if it can be shown that the property owner's failure to act contributed to their injuries. To file a successful premises liability claim, your attorney will provide evidence establishing a link between the property owner's negligent behavior and the injuries you have suffered.
Swimming Pool Accidents and Premises Liability Injuries
In Brooklyn, where private and public pools are common, swimming pool accidents are a major concern. Serious swimming pool injuries include drowning, near-drowning, poolside slip-and-falls, and dismemberment caused by faulty drains.
Pool owners, whether private individuals or public entities, have a legal obligation to ensure a safe environment for people using their swimming facilities. This includes eliminating hazards and complying with state and local safety regulations. Negligence that leads to swimming pool liability includes:
- Inadequate fencing
- Poor maintenance
- Broken equipment
- Lack of depth markers
- Failure to provide non-slip surfaces
- Inadequate supervision for children
- Failure to install self-closing and self-latching gates
Accidents Involving Elevators, Escalators, and Moving Sidewalks
Inadequate maintenance is a significant factor in elevator, escalator, and moving sidewalk injury accidents. These transportation devices rely on sophisticated machinery that requires regular upkeep to function properly. Routine inspections, timely repairs, and replacement of worn-out parts are essential to keep users safe. After an injury occurs, your personal injury attorney will scrutinize maintenance records to find out what went wrong.
These are giant machines, and inadequate design leads directly to accidents. Faulty installation is another serious problem. It causes deficiencies that may not be apparent immediately, but they increase the risk of passenger injuries.
Electrical issues and faulty wiring are significant causes of elevator, escalator, and moving sidewalk injuries. Electrical failure results in sudden stops, falls, and malfunctioning elevator doors. It can also cause elevator passengers to be trapped for hours, leading to psychological distress.
When elevator, escalator, and moving sidewalk accidents occur, it isn't due to random mishaps. These events are caused by somebody's negligent behavior, and property owners, equipment operators, maintenance companies, inspectors, and other responsible parties may be held liable. Your premises liability attorney will demonstrate liability based on the failure to address hazards that owners knew about or should have known about.
Tragic consequences caused by elevator, escalator, and moving sidewalk accidents include:
- Crush injuries
- Amputation
- Traumatic brain injury (TBI)
- Soft tissue injuries
- Lacerations
- Whiplash
- Nerve damage
- Bone fractures
- Head trauma
- Wrongful death
We've Won Over $1 Billion for Our Brooklyn Clients
Our experienced Brooklyn personal injury lawyers at Wingate, Russotti, Shapiro, Moses & Halperin, LLP, 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 over 50 years of experience and a history of success for our clients. Call (212) 986-7353 today to speak with a leading Brooklyn premises liability lawyer.