When people think of premises liability, their first thought is slip and fall cases. In fact, there are many types of injuries that can occur on someone else’s property. People injured by falling objects, exposure to chemicals or even a physical attack may be able to recover damages from a property owner or manager. Premises liability actions also arise out of injuries suffered at pools, on playgrounds and by animal attacks. At the law firm of James Newman, P.C., we are committed to helping the injured get justice when their injuries are caused by another’s negligent or reckless actions. Contact a seasoned Bronx premises liability lawyer from our legal team for assistance through the claims process today.
As pedestrians, shoppers and patients, we have a right to expect the places we walk to or visit to be free of danger. This isn’t always the case, however. Countless people each year are injured when they slip, trip or fall due to a hazardous condition on a sidewalk, a floor or a stairway. At the law firm of James Newman, P.C., we seek justice for the injured in premises liability lawsuits. If a property owner or manager knew about an existing hazard and failed in their responsibility to keep their property safe under New York law, our attorneys may be able to help you recover damages for your pain, suffering and medical expenses.
States differ in the rights they grant under the law to people injured on someone else’s property, and those differences often involve the reason someone entered another’s premises. New York, however, no longer distinguishes between the duty owed to business guests (invitees) and social guests (licensees). As long as you are on someone’s property lawfully, the same standard always applies. The landowner is responsible for taking reasonable actions to correct or warn about dangers that they knew about or should have known about. Even trespassers are entitled to this level of care when the owner is aware that the trespasser is there.
There is a wide range of hazardous conditions that lead to injuries on the property of another. Our attorneys help those who have been hurt by:
In cases where a hazard is especially likely to attract children, the property owner must adhere to a higher standard of care. Because kids are likely to trespass if they see a pool or a playground, a property owner must take extra care to secure these “attractive nuisances.” If your child has been hurt on someone else’s property, our New York personal injury attorneys fight to get your family the compensation it deserves.
Slip and fall accidents can happen anywhere, but in order to pursue compensation, you must have been hurt on a property owned or managed by another person, company or government agency. Successful claims often stem from accidents that occur in places such as:
In order to be held responsible, the property owner must have had adequate notice of the danger that caused your injury. Additionally, enough time must have passed for the owner to have taken reasonable action to solve the problem. This means that a property manager who knew about a broken railing for months is more likely to be found responsible for an injury than a grocery store where a fall occurs seconds after an item spills on a floor. At James Newman, P.C., our personal injury attorneys help people in the Bronx get the justice and compensation they deserve.
If you are hurt on someone else’s property in or around the Bronx, you may be entitled to damages. Damages typically cover the costs of all medical care and rehabilitation. Compensation for lost wages and reduced earning ability is also common. In many cases, victims recover damages for their physical pain and mental anguish.
New York does not place a cap on these damages, but a judge may correct an award that is so high as to “shock the conscience” of the court or an award that deviates materially from reasonable compensation. Punitive damages may be awarded when the defendant’s conduct was willfully or wantonly reckless or negligent. If you have been injured while on another person’s or company’s premises, let an experienced team of attorneys seek compensation by holding the responsible party accountable.
When you are hurt on government property, you have rights. Governmental tort claims can be brought under the Federal Tort Claims Act (FTCA) or the New York Court of Claims Act. These cases operate differently from regular lawsuits and require you to file your claim very quickly. If you have been hurt in a school, at town hall or while on another government property, it is essential that you contact an experienced attorney without delay. Depending on the facts of your case, you may only have 90 days to file your initial claim. Our attorneys help Bronx injury victims bring claims against local, state and federal government departments and agencies.
If you have been hurt due to a condition or defect on someone else’s property, you may be entitled to compensation. At the law firm of James Newman, P.C., our Bronx trial attorneys help the injured get the justice and compensation they deserve. For a free consultation to discuss your case with an experienced attorney, all you need to do is contact us today. We are here to fight for you through every step of the personal injury claims process ahead.