Brooklyn Premises Liability Attorney
When a Property Owner is Negligent, our Brooklyn Premises Liability Lawyers Can Help
New York law requires that property owners maintain their property in a reasonably safe condition. When property owners fail at this duty, innocent people get injured and can require expensive medical treatment.
At our law firm, we help those injured on someone else’s premises. We have experience suing businesses, private landowners, as well as government entities when an unsafe condition on the land or in a building injures our clients.
Types of Premises Liability Claims
Our clients have been injured on someone’s property in a variety of ways, including:
- Slipping and falling
- Tripping and falling
- Merchandise falling from store shelves
- Property fires
- Exposure to toxic substances
- Swimming pool or jacuzzi accidents
- Dog bite or animal attacks
- Escalator accidents
- Elevator accidents
- Stairwell accidents
- Assaults due to inadequate security
What You Need to Prove for a Premises Liability Claim
To establish a claim for premises liability, an injured victim must show:
- The victim had a legal right to be on the property. This means they were invited to enter, or the owner knew they were there and allowed them to stay. A customer injured in a store is an example of someone with a right to be on the property.
- The property owner was negligent in how they handled a hazard that was known to them or that they should have known about. Some owners should regularly inspect their property, such as a store owner who should check to make sure aisles are clear of debris regularly.
- The owner’s negligence caused the victim’s injury. Often, this is straightforward. Questions sometimes arise if a victim had a pre-existing injury.
For example, a property owner who knows that their ceiling is on the verge of collapsing should either fix it or warn people not to enter the property until it is fixed. If there is a puddle of liquid on the floor in a store, then the owner should clean it up promptly or rope off the area.
The actions an owner must take depend on the circumstances. Sometimes, warning a person is enough. In others, they should fix the hazard properly.
Trespassing Victims
A person who is trespassing on property does not have the legal right to enter or remain on the property. Under New York law, a property owner owes no duty of care to a trespasser, except in two situations:
- The owner knows a person is trespassing and allows it to continue.
- Children are drawn by an attractive nuisance, such as a refrigerator in an alleyway that they would climb into.
If victims were trespassing, they might have a legal claim, but they need the help of a Brooklyn premises liability attorney to review their case.
Contact One of Our Brooklyn Premises Liability Attorneys Today to Schedule a Free Case Evaluation
Premises liability claims are more complicated than many people realize, so contacting an attorney as soon as possible will help you claim. New York also gives victims only three years to bring a lawsuit; otherwise the claim is legally barred.
For help, please call Lipsig, Shapey, Manus & Moverman at 212-285-3300 or complete our online contact form.