Brooklyn Premises Liability Lawyers
LEGAL SERVICE FOR NY & NJ
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Property owners have a duty to keep their property free from obstacles or dangerous conditions. If you are injured on their property as a result of unsafe conditions, the property owner may be held liable. This is known as premises liability.
Our premises liability attorneys at the Law Offices of David J. Hernandez & Associates have experience recovering compensation on behalf of clients injured in slip and fall accidents, parking lot accidents, dog bite injuries, and other accidents on someone else’s property. Our law firm represents clients who have sustained back injuries, neck injuries, wrist injuries, head injuries, and other serious injuries in premises accidents. Many of these injuries arise as a result of the following:
- Slip and fall as a result of wet floors, slippery floors, or icy pavement which are not flagged by warning signs
- Trip and fall as a result of debris on the floor, cracks in sidewalks, torn carpet, or uneven pavement
- Falls down the stair as a result of defective steps, an unsecured handrail, or inadequate lighting
- Parking lot assault as a result of inadequate security, negligent security, or insufficient lighting
- Elevator accidents as a result of negligent maintenance
- Other accidents such as falling ceilings or falling debris
- Municipal accidents, such as injuries in parks and Housing Authority accidents
- Amusement park injuries
At the Law Offices of David J. Hernandez & Associates, we thoroughly review all angles of your case, determining the extent of and the impact the injuries will have on your life, the causal relationship between your injuries and the accident, and the accident itself. We review medical records, interview witnesses, review insurance policies, and perform other preparation to ensure we develop a solid premises liability claim on your behalf. We work hard to recover full compensation for medical bills, lost wages, future care and needs, and other damages.
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We Can Fight for Your Rights
If you or a loved one has sustained a serious injury, we will fight for your right to pursue compensation. Our attorneys aggressively pursue premises liability claims to hold negligent property owners accountable and help you recover full compensation. Contact our firm today.
PREMISES LIABILITY QUESTIONS AND ANSWERS
What does premises liability mean?
Premises liability is a body of law which holds a property owner and resident liable for injuries or accidents that occur on that property.
What is a premise liability case?
Premises liability cases can wide-ranging, from trips and falls to dog bites and falling ceiling tiles, and everything in between. When you enter someone else’s property, you do so with a reasonable expectation that you will not be injured. The property owner is responsible for maintaining a relatively safe environment which is “premises liability.” What is “reasonable” is determined by factors such as:
- The circumstance under which the visitor entered the property
- The use of the property
- Accident foreseeability
- Owner’s or resident’s efforts to repair a dangerous condition or warn visitors
It is common for owners to attempt to limit liability by arguing that the injured person be partially at fault. You have a duty to exercise reasonable care for your own safety when you enter someone else’s property, and when you don’t do that settlements could be limited or reduced due to your own negligence. Most states adhere to a comparative fault system that reduces legal damages by a percentage that is equivalent to the visitor’s (plaintiff’s) fault in the incident.
Why hire a lawyer?
There are some legal matters like speeding tickets and small claims court that you alone could handle without an experienced lawyer. However, there are legal circumstances where you would not want to risk not having the advice of an experienced lawyer. The law is complicated and by hiring a lawyer you can navigate legal proceedings knowing documents are filed properly, procedures are followed, and settlements proposed by the opposing party are fair or should be negotiated instead of going to trial. A lawyer who understands the law and has experience with cases similar to yours can explain your options and make a calculated guess about how it might resolve in trial.
Why hire a premises liability attorney? When to hire a premises liability attorney?
If you have been in an accident that resulted in injury or monetary loss an attorney who specializes in premises liability can help you go up against the negligent party, their insurance companies and their lawyers. Your attorney knows the laws and procedures to handle your legal issues and acts as your advocate throughout the case. If you have suffered severe injuries, faced expensive medical bills, or have experienced loss of wages due to an accident, it is time to hire a premises liability attorney.
How to hire a premises liability attorney?
When choosing an attorney look for a lawyer who focuses on premises liability cases. Ensure they have experience representing clients who have suffered personal injuries specific to your type of case, whether it is a dog bite or a slip and fall injury. Search online by an attorney’s name and firm to see what others are saying and if there have been complaints. Once you hire an accident attorney, evaluate your comfort level in communicating with the attorney and take into consideration how they treat your case. If you feel your lawyer is not available to you or doesn’t return your calls in a timely manner, and you feel uneasy about their ability to add your case to their caseload it may be time to hire a new attorney.
Examples of Premises Liability Cases and Settlement Amounts
$250,000 premises liability settlement – A 68-year-old man who suffered a heart attack and died at a local gym filed a premises liability lawsuit against the gym for wrongful death. The lawsuit alleged gross negligence based on the gym’s failure to have an automatic external defibrillator (AED) on the premises. The gym’s attorneys sought to have the case dismissed on summary judgment, relying on the waiver of liability signed by the deceased. The lawsuit maintained it was grossly negligent for a gym selling memberships to people of all ages not to have an AED onsite. The court agreed the waiver didn’t protect the gym from what the court referred to as its “reckless and grossly negligent behavior.”
$130,000 premises liability settlement – A 37-year-old woman walking through a Wal-Mart slipped and fell on a wet and soapy floor sustaining knee, foot and shoulder injuries requiring surgical repair. Plaintiff claimed there was no wet floor sign placed after employees had washed the concrete floor with a mechanical scrubber.
$100,000 premises liability settlement – A U.S. Postal Service employee delivering mail at a residence slipped and fell on a defective ramp on the property that lacked railings. He suffered a torn rotator cuff, and the homeowner’s insurance paid the policy limit.
DISCLAIMER: This website includes general information about legal issues and is not intended to be legal advice. Website content is for informational purpose only and may not reflect the most current legal developments. These informational materials must not be taken as legal advice on any specific set of facts or circumstances. Any examples of cases and settlements are informational samples and are not cases handled by this law office. Contact a lawyer licensed in your jurisdiction for advice on specific legal issues.