Brooklyn Premises Liability Lawyer

Injured by an Unsafe Condition on Someone Else' Property in Brooklyn, NY?

When you are injured on someone else's property in Brooklyn due to unsafe conditions, it can be a jarring and life-altering experience. Whether it's a slip and fall in a busy grocery store, an assault in a poorly lit parking garage, or a dog bite in a neighbor's yard, these incidents often result from a property owner's negligence. At Law Office of Seni Popat, P.C., we understand the complexities of New York premises liability law and are dedicated to helping victims in Brooklyn recover the compensation they deserve.

Our experienced Brooklyn premises liability lawyers are here to guide you through the legal process, ensuring your rights are protected and that the responsible parties are held accountable. We believe that property owners have a fundamental duty to maintain safe environments for visitors, and when they fail in that duty, they should compensate those who are harmed as a result.

Call (718) 866-3186 or contact us online today to schedule your free case evaluation and take the first step towards recovery.

New York Premises Liability Law

In New York, premises liability law dictates that property owners and those in control of property (such as tenants or management companies) have a legal responsibility to maintain their premises in a reasonably safe condition. This "duty of care" requires them to take reasonable steps to prevent foreseeable harm to individuals lawfully on their property.

The core principle of premises liability in New York revolves around negligence. To succeed in a premises liability claim, you generally must prove the following four elements:

1. Duty of Care: The property owner owed you a duty to maintain a reasonably safe premises. This duty varies depending on your status as a visitor (e.g., invitee, licensee). While New York has moved away from strict classifications, property owners generally owe a higher duty of care to invited guests and customers than to trespassers.
2. Breach of Duty: The property owner breached this duty of care by failing to address a dangerous condition or failing to warn about it. This means the owner either knew about the hazard and didn't fix it, or should have known about it through reasonable inspection.
3. Causation: The property owner's breach of duty was a direct cause of your injuries. Your injuries must have been a foreseeable consequence of their negligence.
4. Damages: You suffered actual damages as a result of your injuries, such as medical expenses, lost wages, pain and suffering, and other related costs.

It's important to note that New York follows a "pure comparative negligence" rule. This means that even if you were partially at fault for your accident, you can still recover compensation. However, the amount of compensation you receive will be reduced proportionally to your degree of fault. For example, if you are found to be 20% at fault, your damages award will be reduced by 20%.

Common Types of Premises Liability Cases

Premises liability is a broad area of law that encompasses a wide range of accidents and injuries that occur due to dangerous property conditions. In Brooklyn, our firm handles various types of premises liability cases, including:

• Slip and Fall Accidents: These are among the most common premises liability claims. They can occur due to wet floors, icy sidewalks, uneven surfaces, spilled liquids, loose carpeting, broken stairs, or debris in walkways. Business owners and landlords have a responsibility to keep their premises free of such hazards or provide adequate warnings.
• Trip and Fall Accidents: Similar to slip and falls, these accidents often happen when pedestrians encounter unexpected obstacles, such as cracked sidewalks, potholes, poorly maintained stairs, or objects left in pathways.
• Inadequate Security: Property owners, particularly in commercial or residential buildings, may be held liable if a lack of proper security measures leads to an assault, robbery, or other violent crime. This can include insufficient lighting, broken locks, inadequate surveillance, or a lack of security personnel in areas with known criminal activity.
• Dog Bites and Animal Attacks: If a property owner's dog or other animal bites or attacks someone on their property, the owner may be held liable for the resulting injuries. New York's "one-bite rule" typically applies, meaning the owner is generally liable if they knew or should have known of the animal's vicious propensities.
• Stairway Accidents: Falls on staircases are frequently caused by broken or missing handrails, uneven steps, poor lighting, or slippery surfaces.
• Elevator and Escalator Accidents: Malfunctioning elevators or escalators can lead to severe injuries or even fatalities. Property owners and maintenance companies responsible for these devices can be held liable for accidents caused by mechanical failures or inadequate maintenance.
• Swimming Pool Accidents: Drowning or near-drowning incidents, especially involving children, can result from a property owner's failure to secure a pool area with proper fencing, gates, or supervision.
• Falling Objects: Injuries caused by objects falling from shelves, ceilings, or construction sites can lead to premises liability claims if the owner failed to secure the objects or maintain the property safely.
• Fire and Carbon Monoxide Incidents: If a fire or carbon monoxide leak on a property causes injuries due to faulty wiring, unmaintained appliances, or a lack of proper warning systems, the property owner may be held liable.
• Lead Paint Poisoning: In older buildings, especially those built before 1978, the presence of lead-based paint can lead to serious health issues, particularly in children. Property owners who fail to abate or manage lead hazards responsibly can face premises liability claims.

What to Do After a Premises Liability Accident in Brooklyn

If you've been injured on someone else's property in Brooklyn, taking the right steps immediately after the incident can significantly impact your ability to pursue a successful claim:

1. Seek Medical Attention: Your health is paramount. Get immediate medical care for your injuries, even if they seem minor at first. Some injuries may not manifest symptoms until later. Documenting your injuries with medical professionals is crucial for your claim.
2. Report the Incident: Notify the property owner, manager, or a responsible employee about the accident as soon as possible. Request that an incident report be filed and ask for a copy.
3. Document the Scene: If possible and safe to do so, take photographs and videos of the dangerous condition that caused your injury. Capture different angles, lighting conditions, and any warning signs (or lack thereof). Also, photograph your injuries.
4. Gather Witness Information: If anyone witnessed your accident, obtain their names and contact information. Their testimony can be vital.
5. Do Not Admit Fault: Avoid making any statements that suggest you were at fault for the accident, even if you are unsure. Do not apologize.
6. Preserve Evidence: Keep any clothing or items you were wearing that may have been damaged in the accident.
7. Limit Communication with Insurance Companies: Be cautious about speaking with insurance adjusters directly before consulting with an attorney. They may try to minimize your injuries or pressure you into a quick, low settlement.
8. Contact a Brooklyn Premises Liability Attorney: As soon as possible, consult with an experienced premises liability lawyer. They can assess your case, explain your legal options, and help you navigate the complexities of New York law.

Brooklyn Premises Liability FAQs

How much is my premises liability case worth?

The value of your case depends on many factors, including the severity of your injuries, the medical treatment required, lost wages, pain and suffering, and the degree of the property owner's negligence. There is no average settlement amount, as each case is unique. Our lawyers will meticulously calculate your damages to seek maximum compensation.

What if I was partially at fault for the accident?

New York follows a "pure comparative negligence" rule. This means you can still recover damages even if you were partly responsible for the accident. However, your compensation will be reduced by your percentage of fault. For example, if you are found 30% at fault, your recoverable damages will be reduced by 30%.

How long do I have to file a premises liability lawsuit in Brooklyn?

In New York, the general statute of limitations for premises liability claims is three years from the date of the injury. However, if your claim is against a government entity (like the City of New York), you must file a Notice of Claim within 90 days of the accident and initiate a lawsuit within one year and 90 days. It is crucial to contact an attorney as soon as possible to ensure these strict deadlines are met.

What kind of evidence do I need for a premises liability claim?

Key evidence includes photographs and videos of the dangerous condition and your injuries, medical records documenting your treatment, witness statements, incident reports, maintenance logs, and potentially expert testimony regarding safety standards or building codes.

Can I sue my landlord for an injury in my apartment building?

Yes, landlords in Brooklyn have a duty to maintain their properties in a safe condition for tenants and guests. If your injury resulted from a hazardous condition that your landlord knew about or should have known about and failed to address, you may have a valid claim.

What if the property owner claims they didn't know about the hazard?

To prove negligence, you don't necessarily need to show the owner had actual knowledge of the hazard. You can also prove "constructive knowledge," meaning the dangerous condition existed for a sufficient period that a reasonable property owner should have discovered and remedied it through regular inspections.

How a Brooklyn Premises Liability Attorney Can Help

Navigating a premises liability claim can be challenging, especially when you're recovering from injuries. Property owners and their insurance companies often have extensive resources dedicated to minimizing payouts. A skilled Brooklyn premises liability lawyer from Law Office of Seni Popat, P.C. can be your advocate, handling every aspect of your case, including:

• Thorough Investigation: We will meticulously investigate the circumstances of your accident, gathering crucial evidence such as surveillance footage, maintenance records, property inspection reports, and witness statements.
• Identifying Liable Parties: We will determine all potentially liable parties, which could include the property owner, property management company, tenants, or even a city agency if the accident occurred on public property.
• Proving Negligence: We will work to establish that the property owner breached their duty of care and that this negligence directly caused your injuries. This may involve consulting with experts in areas like building codes or safety regulations.
• Calculating Damages: We will accurately assess the full extent of your damages, including current and future medical expenses, lost wages, loss of earning capacity, pain and suffering, emotional distress, and other related losses.
• Negotiating with Insurance Companies: We will handle all communications and negotiations with insurance adjusters, protecting you from tactics designed to undervalue your claim.
• Litigation: If a fair settlement cannot be reached, we are prepared to take your case to court and vigorously represent your interests at trial.
• Adhering to Deadlines: We will ensure all legal deadlines, including New York's statute of limitations for personal injury claims (generally three years from the date of injury, but shorter for claims against government entities), are met.

Take the next step towards resolution by contacting us for a free consultation at (718) 866-3186.